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U.S. Code as of:
01/19/04
Section 2631. Persons entitled to commence a civil action
(a) A civil action contesting the denial of a protest, in whole
or in part, under section 515 of the Tariff Act of 1930 may be
commenced in the Court of International Trade by the person who
filed the protest pursuant to section 514 of such Act, or by a
surety on the transaction which is the subject of the protest.
(b) A civil action contesting the denial of a petition under
section 516 of the Tariff Act of 1930 may be commenced in the Court
of International Trade by the person who filed such petition.
(c) A civil action contesting a determination listed in section
516A of the Tariff Act of 1930 may be commenced in the Court of
International Trade by any interested party who was a party to the
proceeding in connection with which the matter arose.
(d)(1) A civil action to review 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 may be commenced in the Court of International Trade
by a worker, group of workers, certified or recognized union, or
authorized representative of such worker or group that applies for
assistance under such Act and is aggrieved by such final
determination.
(2) A civil action to review 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 may be commenced in the Court of International Trade
by a firm or its representative that applies for assistance under
such Act and is aggrieved by such final determination, or by any
other interested domestic party that is aggrieved by such final
determination.
(3) A civil action to review 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 may be commenced in the Court of
International Trade by a community that applies for assistance
under such Act and is aggrieved by such final determination, or by
any other interested domestic party that is aggrieved by such final
determination.
(e) A civil action to review a final determination made under
section 305(b)(1) of the Trade Agreements Act of 1979 may be
commenced in the Court of International Trade by any person who was
a party-at-interest with respect to such determination.
(f) A 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 may be commenced in the
Court of International Trade by any interested party whose
application for disclosure of such confidential information was
denied under section 777(c)(1) of such Act.
(g)(1) A civil action to review 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
such license or permit under section 641(b)(5) or (c)(2) of such
Act, may be commenced in the Court of International Trade by the
person whose license or permit was denied or revoked.
(2) A civil action to review 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 may be commenced in the
Court of International Trade by the person against whom the
decision was issued.
(3) A civil action to review 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 may be
commenced in the Court of International Trade by the person whose
accreditation was denied, suspended, or revoked.
(h) A civil action described in section 1581(h) of this title may
be commenced in the Court of International Trade by the person who
would have standing to bring a civil action under section 1581(a)
of this title if he imported the goods involved and filed a protest
which was denied, in whole or in part, under section 515 of the
Tariff Act of 1930.
(i) Any civil action of which the Court of International Trade
has jurisdiction, other than an action specified in subsections
(a)-(h) of this section, may be commenced in the court by any
person adversely affected or aggrieved by agency action within the
meaning of section 702 of title 5.
(j)(1) Any person who would be adversely affected or aggrieved by
a decision in a civil action pending in the Court of International
Trade may, by leave of court, intervene in such action, except that
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(A) no person may intervene in a civil action under section 515
or 516 of the Tariff Act of 1930;
(B) in a civil action under section 516A of the Tariff Act of
1930, only an interested party who was a party to the proceeding
in connection with which the matter arose may intervene, and such
person may intervene as a matter of right; and
(C) in a civil action under section 777(c)(2) of the Tariff Act
of 1930, only a person who was a party to the investigation may
intervene, and such person may intervene as a matter of right.
(2) In those civil actions in which intervention is by leave of
court, the Court of International Trade shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
(k) In this section -
(1) "interested party" has the meaning given such term in
section 771(9) of the Tariff Act of 1930; and
(2) "party-at-interest" means -
(A) a foreign manufacturer, producer, or exporter, or a
United States importer, of merchandise which is the subject of
a final determination under section 305(b)(1) of the Trade
Agreements Act of 1979;
(B) a manufacturer, producer, or wholesaler in the United
States of a like product;
(C) United States members of a labor organization or other
association of workers whose members are employed in the
manufacture, production, or wholesale in the United States of a
like product;
(D) a trade or business association a majority of whose
members manufacture, produce, or wholesale a like product in
the United States,(!1) and
(E) an association composed of members who represent
parties-at-interest described in subparagraph (B), (C), or (D).
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