28 U.S.C. § 1581 | Civil actions against the United States and agencies and officers thereof

(a)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930.

(b)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930.

(c)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A or 517 of the Tariff Act of 1930.

(d)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—

(1)

any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act;

(2)

any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act;

(3)

1 See References in Text note below.

any final determination of the Secretary of Commerce under section 273  of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act; and

(4)

19 U.S.C. 2401b¹ any final determination of the Secretary of Agriculture under section 293 or 296 of the Trade Act of 1974 ()  with respect to the eligibility of a group of agricultural commodity producers for adjustment assistance under such Act.

(e)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trade Agreements Act of 1979.

(f)

The Court of International Trade shall have exclusive jurisdiction of any civil action involving an application for an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930.

(g)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—

(1)

any decision of the Secretary of the Treasury to deny a customs broker’s license under section 641(b)(2) or (3) of the Tariff Act of 1930, or to deny a customs broker’s permit under section 641(c)(1) of such Act, or to revoke a license or permit under section 641(b)(5) or (c)(2) of such Act;

(2)

any decision of the Secretary of the Treasury to revoke or suspend a customs broker’s license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930; and

(3)

any decision or order of the Customs Service to deny, suspend, or revoke accreditation of a private laboratory under section 499(b) of the Tariff Act of 1930.

(h)

The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation.

(i)

(1)

In addition to the jurisdiction conferred upon the Court of International Trade by subsections (a)–(h) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for—

(A)

revenue from imports or tonnage;

(B)

tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue;

(C)

embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or

(D)

administration and enforcement with respect to the matters referred to in subparagraphs (A) through (C) of this paragraph and subsections (a)–(h) of this section.

(2)

This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by—

(A)

19 U.S.C. 1516a(a) the Court of International Trade under section 516A(a) of the Tariff Act of 1930 (); or

(B)

19 U.S.C. 1516a(g) a binational panel under section 516A(g) of the Tariff Act of 1930 ().

(j)

The Court of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930.

Pub. L. 96–417, title II, § 201Oct. 10, 198094 Stat. 1728 Pub. L. 98–573, title II, § 212(b)(1)Oct. 30, 198498 Stat. 2983 Pub. L. 99–514, title XVIII, § 1891(1)Oct. 22, 1986100 Stat. 2926 Pub. L. 100–449, title IV, § 402(a)Sept. 28, 1988102 Stat. 1883 Pub. L. 103–182, title IV, § 414(a)(1)Dec. 8, 1993107 Stat. 2147 Pub. L. 111–5, div. B, title I, § 1873(b)(2)Feb. 17, 2009123 Stat. 414 Pub. L. 114–125, title IV, § 421(b)Feb. 24, 2016130 Stat. 168 Pub. L. 116–113, title IV, § 423(a)(1)Jan. 29, 2020134 Stat. 65(Added , , ; amended , , ; , , ; , , ; , title VI, § 684(a)(1), , , 2219; , , ; , , ; , , .)

Amendment of Section

section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

Prior History of Court

Pub. L. 96–417The United States Customs Court, the predecessor of the Court of International Trade, was omitted in the general revision of this chapter by .

June 10, 1890The predecessor of the United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of . The Board was under the administrative supervision of the Secretary of the Treasury.

Act of June 10, 1890, ch. 407 26 Stat. 136From 1890 to 1926, the Board of General Appraisers had jurisdiction over all protests from decisions of the collectors of customs and appeals for reappraisement under sections 13 and 14 of the Customs Administrative , .

act May 28, 1926, ch. 411 44 Stat. 669 46 Stat. 737 section 1518 of Title 19June 17, 1930The Customs Court was established by , §§ 1, 2, , sections 405a and 405b of Title 19, Customs Duties, and said act transferred to it all the jurisdiction and powers of the former Board of General Appraisers. The Tariff Act of June 1930, ch. 497, title IV, § 518, , , continued the Customs Court as constituted on with, however, several important changes.

References in Text

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

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

Sections 516A and 517 of the Tariff Act of 1930, referred to in subsec. (c), are classified to sections 1516a and 1517 of Title 19, Customs Duties.

Pub. L. 93–618Jan. 3, 197588 Stat. 1978 section 2371b of Title 19 Pub. L. 112–40, title II, § 222(a)(1)Oct. 21, 2011125 Stat. 411 section 2101 of Title 19The Trade Act of 1974, referred to in subsec. (d), is , , , which is classified principally to chapter 12 (§ 2101 et seq.) of Title 19, Customs Duties. Sections 223, 251, 293, and 296 of the Act are classified to sections 2273, 2341, 2401b, and 2401e, respectively, of Title 19. Section 273 of the Act, formerly classified to , was repealed by , , . For complete classification of this Act to the Code, see References in Text note set out under and Tables.

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

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

section 1641 of Title 19Section 641 of the Tariff Act of 1930, referred to in subsec. (g)(1), (2), is classified to , Customs Duties.

section 1499(b) of Title 19Section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to , Customs Duties.

section 1305 of Title 19Section 305 of the Tariff Act of 1930, referred to in subsec. (j), is classified to , Customs Duties.

Prior Provisions

act June 25, 1948, ch. 646 62 Stat. 943 Pub. L. 96–417 section 1585 of this titleA prior section 1581, , , related to powers of the Customs Court generally, prior to the general revision of this chapter by . See .

Amendments

Pub. L. 116–113, § 423(a)(1)(A)2020—Subsec. (i). , (B), (D), designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), added par. (2), and struck out former concluding provisions which read as follows: “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.”

Pub. L. 116–113, § 423(a)(1)(C)Subsec. (i)(1)(D). , substituted “subparagraphs (A) through (C) of this paragraph” for “paragraphs (1)–(3) of this subsection”.

Pub. L. 114–1252016—Subsec. (c). inserted “or 517” after “516A”.

Pub. L. 111–52009—Subsec. (d)(3), (4). substituted “273” for “271” in par. (3) and added par. (4).

Pub. L. 103–182, § 684(a)(1)1993—Subsec. (g)(3). , added par. (3).

Pub. L. 103–182, § 414(a)(1)Subsec. (i). , inserted “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement” in last sentence.

Pub. L. 100–4491988—Subsec. (i). temporarily inserted at end “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.” See Effective and Termination Dates of 1988 Amendment note below.

Pub. L. 99–5141986—Subsec. (g)(1). substituted “(3)” for “(3) or (c)”.

Pub. L. 98–5731984—Subsec. (g)(1). amended par. (1) generally, substituting “a customs broker’s license under section 641(b)(2) or (3) or (c) of the Tariff Act of 1930, or to deny a customs broker’s permit under section 641(c)(1) of such Act, or to revoke a license or permit under section 641(b)(5) or (c)(2) of such Act” for “or revoke a customhouse broker’s license under section 641(a) of the Tariff Act of 1930”.

Pub. L. 98–573Subsec. (g)(2). amended par. (2) generally, substituting “any decision of the Secretary of the Treasury to revoke or suspend a customs broker’s license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930” for “any order of the Secretary of the Treasury to revoke or suspend a customhouse broker’s license under section 641(b) of the Tariff Act of 1930”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113July 1, 2020section 1516a of Title 19 section 432 of Pub. L. 116–113 section 1516a of Title 19Amendment by effective on the date on which the USMCA enters into force (), but not applicable to certain determinations under , Customs Duties, or binational panel reviews under NAFTA, see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–125Feb. 24, 2016section 421(c) of Pub. L. 114–125 section 1517 of Title 19Amendment by effective 180 days after , see , set out as an Effective Date note under , Customs Duties.

Effective Date of 2009 Amendment

Pub. L. 111–5Feb. 17, 2009section 1891 of Pub. L. 111–5 section 2271 of Title 19Except as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as an Effective and Termination Dates of 2009 Amendment note under , Customs Duties.

Effective Date of 1993 Amendment

section 414(a)(1) of Pub. L. 103–182Jan. 1, 1994section 1516a(a)(2)(B)(vi) of Title 19 section 416 of Pub. L. 103–182 section 3431 of Title 19Amendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States [], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determination described in , notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see , formerly set out as an Effective Date note under former .

Effective and Termination Dates of 1988 Amendment

Pub. L. 100–449Jan. 1, 1989Pub. L. 100–449 section 2112 of Title 19Amendment by effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of , set out in a note under , Customs Duties.

Effective Date of 1984 Amendment

Pub. L. 98–573Oct. 30, 1984section 214(d) of Pub. L. 98–573 section 1304 of Title 19Amendment by effective on close of 180th day after , see , set out as a note under , Customs Duties.

Effective Date

Nov. 1, 1980section 701(a) of Pub. L. 96–417 section 251 of this titleChapter effective , and applicable with respect to civil actions pending on or commenced on or after such date, see , set out as an Effective Date of 1980 Amendment note under .

Nov. 1, 1980section 701(b)(1)(A) of Pub. L. 96–417Subsecs. (d) and (g) to (i) of this section applicable with respect to civil actions commenced on or after , see .

Application of 1993 Amendment

Pub. L. 103–182, title VI, § 684(b)Dec. 8, 1993section 684(a) of Pub. L. 103–182 Pub. L. 116–113, title VI, § 601Jan. 29, 2020134 Stat. 78July 1, 2020, , 107 Stat 2219, which provided a rule regarding the application of the amendments made by to accreditations of private laboratories, was repealed by , , , effective on the date the USMCA entered into force ().

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 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 .

Effect of Termination of USMCA Country Status

Pub. L. 116–113 section 4601 of Title 19For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of , see , Customs Duties.