(a)The Court of International Trade may enter a money judgment—
(1)for or against the United States in any civil action commenced under section
1582 of this title; and
(2)for or against the United States or any other party in any counterclaim, cross-claim, or third-party action under section
1583 of this title.
(b)If the Court of International Trade is unable to determine the correct decision on the basis of the evidence presented in any civil action, the court may order a retrial or rehearing for all purposes, or may order such further administrative or adjudicative procedures as the court considers necessary to enable it to reach the correct decision.
(1)Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of International Trade may, in addition to the orders specified in subsections (a) and (b) of this section, order any other form of relief that is appropriate in a civil action, including, but not limited to, declaratory judgments, orders of remand, injunctions, and writs of mandamus and prohibition.
(2)The Court of International Trade may not grant an injunction or issue a writ of mandamus in any civil action commenced 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 orsection 271 of such Act.
(3)In any civil action involving an application for the issuance of 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, the Court of International Trade may issue an order of disclosure only with respect to the information specified in such section.
(4)In any civil action described in section
1581(h) of this title, the Court of International Trade may only order the appropriate declaratory relief.
(5)In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering authority, the Court of International Trade may not order declaratory relief.
(d)If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated duties, charges, or exactions paid on the entries included in such action. The excess amount of any recovery shall be paid to the importer of record.
(e)In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.
For termination of amendment by section 501(c) ofPub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
References in Text
Sections 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), are classified to sections
2371, respectively, of Title
19, Customs Duties. Section
2371 of Title
19 was omitted from the Code as terminated Sept. 30, 1982.
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section
1677f(c)(2) of Title
Section 516A(f)(10) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section
1516a(f)(10) of Title
Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section
1641 of Title
1993—Subsec. (c)(5). Pub. L. 103–182substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930)” for “Canadian merchandise”.
1988—Subsec. (c). Pub. L. 100–449temporarily substituted “(4), and (5)” for “and (4)” in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below.
Amendment by Pub. L. 103–182effective 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 ofPub. L. 103–182, set out as an Effective Date note under section
3431 of Title
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–449effective 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) ofPub. 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. 98–573effective on close of 180th day after Oct. 30, 1984, see section 214(d) ofPub. L. 98–573, set out as a note under section
1304 of Title
19, Customs Duties.
Subsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) ofPub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section
251 of this title.
Effect of Termination of NAFTA Country Status
For provisions relating to effect of termination of NAFTA country status on sections 401 to 416 ofPub. L. 103–182, see section
3451 of Title
19, Customs Duties.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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