US Code

Public Law 119-73 (01/23/2026)

28 U.S.C. § 2640

Scope and standard of review

(a)
The Court of International Trade shall make its determinations upon the basis of the record made before the court in the following categories of civil actions:
(1)
Civil actions contesting the denial of a protest under section 515 of the Tariff Act of 1930.
(2)
Civil actions commenced under section 516 of the Tariff Act of 1930.
(3)
Civil actions commenced to review a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979.
(4)
Civil actions commenced under section 777(c)(2) of the Tariff Act of 1930.
(5)
Civil actions commenced to review any decision of the Secretary of the Treasury under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section.
(6)
section 1582 of this title Civil actions commenced under .
(b)
In any civil action commenced in the Court of International Trade under section 516A of the Tariff Act of 1930, the court shall review the matter as specified in subsection (b) of such section.
(c)
In any civil action commenced in the Court of International Trade to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act, the court shall review the matter as specified in section 284 of such Act.
(d)
In any civil action commenced to review any order or decision of the Customs Service under section 499(b) of the Tariff Act of 1930, the court shall review the action on the basis of the record before the Customs Service at the time of issuing such decision or order.
(e)
section 706 of title 5 In any civil action not specified in this section, the Court of International Trade shall review the matter as provided in .

Pub. L. 96–417, title III, § 30194 Stat. 1736Pub. L. 98–573, title II, § 212(b)(5)98 Stat. 2984Pub. L. 103–182, title VI, § 684(a)(4)107 Stat. 2219(Added , , ; amended , , ; , , .)

Editorial Notes

References in Text

section 1515 of Title 19Section 515 of the Tariff Act of 1930, referred to in subsec. (a)(1), is classified to , Customs Duties.

section 1516 of Title 19Section 516 of the Tariff Act of 1930, referred to in subsec. (a)(2), is classified to .

section 2515(b)(1) of Title 19Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (a)(3), is classified to .

section 1677f(c)(2) of Title 19Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (a)(4), is classified to .

section 1641 of Title 19Section 641 of the Tariff Act of 1930, referred to in subsec. (a)(5), is classified to .

section 1516a of Title 19Section 516A of the Tariff Act of 1930, referred to in subsec. (b), is classified to .

Section 2371 of Title 19Sections 223, 251, 271, and 284 of the Trade Act of 1974, referred to in subsec. (c), are classified to sections 2273, 2341, 2371, and 2395, respectively, of Title 19, Customs Duties. was omitted from the Code as terminated .

section 1499(b) of Title 19Section 499(b) of the Tariff Act of 1930, referred to in subsec. (d), is classified to .

Prior Provisions

act June 25, 1948, ch. 64662 Stat. 982Pub. L. 91–271, title I, § 12184 Stat. 281section 2646 of this titleA prior section 2640, , , authorized the division which had decided a case or the single judge who had decided an appeal for a reappraisement to grant a rehearing or retrial, prior to repeal by , , . See .

Amendments

Pub. L. 103–1821993—Subsecs. (d), (e). added subsec. (d) and redesignated former subsec. (d) as (e).

Pub. L. 98–5731984—Subsec. (a)(5). amended par. (5) generally, substituting “under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section” for “to deny or revoke a customhouse broker’s license under section 641(a) of the Tariff Act of 1930”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–573section 214(d) of Pub. L. 98–573section 1304 of Title 19Amendment by effective on close of 180th day after , see , set out as a note under , Customs Duties.

Effective Date

section 701(b)(1)(B) of Pub. L. 96–417section 251 of this titleSubsecs. (a)(5), (c), and (d) of this section applicable with respect to civil actions commenced on or after , see , set out as an Effective Date of 1980 Amendment note under .

section 701(c)(1)(A) of Pub. L. 96–417Subsec. (a)(6) of this section applicable with respect to civil actions commenced on or after the 90th day after , see .

Application of 1993 Amendment

Pub. L. 103–18219 U.S.C. 1499(b)section 684(b) of Pub. L. 103–182section 1581 of this titleFor purposes of applying amendment by , any decision or order of Customs Service denying, suspending, or revoking accreditation of a private laboratory on or after , and before regulations to implement are issued to be treated as having been denied, suspended, or revoked under such section 1499(b), see , formerly set out as a note under .

Transfer of Functions

section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .