|
U.S. Code as of:
01/19/04
Section 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 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;
and
(3) any final determination of the Secretary of Commerce under
section 271 of the Trade Act of 1974 with respect to the
eligibility of a community 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) 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 -
(1) revenue from imports or tonnage;
(2) tariffs, duties, fees, or other taxes on the importation of
merchandise for reasons other than the raising of revenue;
(3) embargoes or other quantitative restrictions on the
importation of merchandise for reasons other than the protection
of the public health or safety; or
(4) administration and enforcement with respect to the matters
referred to in paragraphs (1)-(3) of this subsection and
subsections (a)-(h) of this section.
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.
(j) The Court of International Trade shall not have jurisdiction
of any civil action arising under section 305 of the Tariff Act of
1930.
|
|