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U.S. Code as of:
01/19/04
Section 2643. Relief
(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 1581 or 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.
(c)(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 or section 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.
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