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U.S. Code as of:
01/19/04
Section 2635. Filing of official documents
(a) In any action commenced in the Court of International Trade
contesting the denial of a protest under section 515 of the Tariff
Act of 1930 or the denial of a petition under section 516 of such
Act, the Customs Service, as prescribed by the rules of the court,
shall file with the clerk of the court, as part of the official
record, any document, paper, information or data relating to the
entry of merchandise and the administrative determination that is
the subject of the protest or petition.
(b)(1) In any civil action commenced in the Court of
International Trade under section 516A of the Tariff Act of 1930,
within forty days or within such other period of time as the court
may specify, after the date of service of a complaint on the
administering authority established to administer title VII of the
Tariff Act of 1930 or the United States International Trade
Commission, the administering authority or the Commission shall
transmit to the clerk of the court the record of such action, as
prescribed by the rules of the court. The record shall, unless
otherwise stipulated by the parties, consist of -
(A) a copy of all information presented to or obtained by the
administering authority or the Commission during the course of
the administrative proceedings, including all governmental
memoranda pertaining to the case and the record of ex parte
meetings required to be maintained by section 777(a)(3) of the
Tariff Act of 1930; and
(B)(i) a copy of the determination and the facts and
conclusions of law upon which such determination was based, (ii)
all transcripts or records of conferences or hearings, and (iii)
all notices published in the Federal Register.
(2) The administering authority or the Commission shall identify
and transmit under seal to the clerk of the court any document,
comment, or information that is accorded confidential or privileged
status by the Government agency whose action is being contested and
that is required to be transmitted to the clerk under paragraph (1)
of this subsection. Any such document, comment, or information
shall be accompanied by a nonconfidential description of the nature
of the material being transmitted. The confidential or privileged
status of such material shall be preserved in the civil action, but
the court may examine the confidential or privileged material in
camera and may make such material available under such terms and
conditions as the court may order.
(c) Within fifteen days, or within such other period of time as
the Court of International Trade may specify, after service of a
summons and complaint in a 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, the
administering authority or the Commission shall transmit under seal
to the clerk of the Court of International Trade, as prescribed by
its rules, the confidential information involved, together with
pertinent parts of the record. Such information shall be
accompanied by a nonconfidential description of the nature of the
information being transmitted. The confidential status of such
information shall be preserved in the civil action, but the court
may examine the confidential information in camera and may make
such information available under a protective order consistent with
section 777(c)(2) of the Tariff Act of 1930.
(d)(1) In any other civil action in the Court of International
Trade in which judicial review is to proceed upon the basis of the
record made before an agency, the agency shall, within forty days
or within such other period of time as the court may specify, after
the date of service of the summons and complaint upon the agency,
transmit to the clerk of the court, as prescribed by its rules -
(A) a copy of the contested determination and the findings or
report upon which such determination was based;
(B) a copy of any reported hearings or conferences conducted by
the agency; and
(C) any documents, comments, or other papers filed by the
public, interested parties, or governments with respect to the
agency's action.
(2) The agency shall identify and transmit under seal to the
clerk of the court any document, comment, or other information that
was obtained on a confidential basis and that is required to be
transmitted to the clerk under paragraph (1) of this subsection.
Any such document, comment, or information shall include a
nonconfidential description of the nature of the material being
transmitted. The confidential or privileged status of such material
shall be preserved in the civil action, but the court may examine
such material in camera and may make such material available under
such terms and conditions as the court may order.
(3) The parties may stipulate that fewer documents, comments, or
other information than those specified in paragraph (1) of this
subsection shall be transmitted to the clerk of the court.
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