Source
(Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, 94 Stat. 1728; amended Pub. L. 98–573, title II, § 212(b)(1), Oct. 30, 1984, 98 Stat. 2983; Pub. L. 99–514, title XVIII, § 1891(1), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100–449, title IV, § 402(a), Sept. 28, 1988, 102 Stat. 1883; Pub. L. 103–182, title IV, § 414(a)(1), title VI, § 684(a)(1), Dec. 8, 1993, 107 Stat. 2147, 2219.)
Prior History of Court
The United States Customs Court, the predecessor of the Court of International Trade, was omitted in the general revision of this chapter by
Pub. L. 96–417.
The predecessor of the United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of June 10, 1890. The Board was under the administrative supervision of the Secretary of the Treasury.
From 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 of June 10, 1890, ch. 407,
26 Stat. 136.
The Customs Court was established by act May 28, 1926, ch. 411, §§ 1,
2,
44 Stat. 669, 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,
46 Stat. 737, section
1518 of Title
19, continued the Customs Court as constituted on June 17, 1930 with, however, several important changes.
References in Text
Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section
1515 of Title
19, Customs Duties.
Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to section
1516 of Title
19.
Section 516A of the Tariff Act of 1930, referred to in subsecs. (c) and (i), is classified to section
1516a of Title
19.
The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is
Pub. L. 93–618, Jan. 3, 1975,
88 Stat. 1978, as amended, which is classified principally to chapter 12 (§ 2101 et seq.) of Title 19. Sections 223, 251, and 271 of the Trade Act of 1974 are classified to sections
2273,
2341, and
2371, respectively, of Title
19. Section
2371 of Title
19 was omitted from the Code as terminated Sept. 30, 1982. For complete classification of this Act to the Code, see References in Text note set out under section
2101 of Title
19 and Tables.
Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to section
2515
(b)(1) of Title
19.
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to section
1677f
(c)(2) of Title
19.
Section 641 of the Tariff Act of 1930, referred to in subsec. (g)(1), (2), is classified to section
1641 of Title
19.
Section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to section
1499
(b) of Title
19.
Section 305 of the Tariff Act of 1930, referred to in subsec. (j), is classified to section
1305 of Title
19.
Prior Provisions
A prior section
1581, act June 25, 1948, ch. 646,
62 Stat. 943, related to powers of the Customs Court generally, prior to the general revision of this chapter by
Pub. L. 96–417. See section
1585 of this title.
Amendments
1993—Subsec. (g)(3).
Pub. L. 103–182, § 684(a)(1), added par. (3).
Subsec. (i).
Pub. L. 103–182, § 414(a)(1), inserted “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement” in last sentence.
1988—Subsec. (i).
Pub. L. 100–449 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.”
1986—Subsec. (g)(1).
Pub. L. 99–514 substituted “(3)” for “(3) or (c)”.
1984—Subsec. (g)(1).
Pub. L. 98–573 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”.
Subsec. (g)(2).
Pub. L. 98–573 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”.
Effective Date of 1993 Amendment
Amendment by section 414(a)(1) of
Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], 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 section
1516a
(a)(2)(B)(vi) of Title
19, 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 section 416 of
Pub. L. 103–182, set out as an Effective Date note under section
3431 of Title
19.
Effective and Termination Dates of 1988 Amendment
Amendment by
Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of
Pub. L. 100–449, set out in a note under section
2112 of Title
19, Customs Duties.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–573 effective on close of 180th day after Oct. 30, 1984, see section 214(d) of
Pub. L. 98–573, set out as a note under section
1304 of Title
19, Customs Duties.
Effective Date
Chapter effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of
Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section
251 of this title.
Subsecs. (d) and (g) to (i) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(A) of
Pub. L. 96–417.
Application of 1993 Amendment
Section 684(b) of
Pub. L. 103–182 provided that: “For purposes of applying the amendments made by subsection (a) [amending this section and sections
2631,
2636,
2640, and
2642 of this title], any decision or order of the Customs Service denying, suspending, or revoking the accreditation of a private laboratory on or after the date of the enactment of this Act [Dec. 8, 1993] and before regulations to implement section 499(b) of the Tariff Act of 1930 [
19 U.S.C.
1499
(b)] are issued shall be treated as having been denied, suspended, or revoked under such section
499
(b).”
Transfer of Functions
For 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 November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Effect of Termination of NAFTA Country Status
For provisions relating to effect of termination of NAFTA country status on sections 401 to 416 of
Pub. L. 103–182, see section
3451 of Title
19, Customs Duties.