Title 19 — Customs DutiesRelease 119-73
§2395 Judicial review
Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER II— - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION › Part Part 5— - Miscellaneous Provisions › § 2395
Summary
People hurt by a final decision of the Secretary of Labor, Commerce, or Agriculture — for example workers, unions, firms, farm producers, communities, or other interested domestic parties — can start a lawsuit in the United States Court of International Trade. They must file within sixty days after they are notified. The court clerk will send the lawsuit papers to the right Secretary, and that Secretary must quickly file the official record that supports the decision. The court must accept the Secretary’s facts if they are backed by substantial evidence. For good reason, the court can send the case back for more evidence. The Secretary can change the findings and must file the new record. The Court of International Trade can uphold or throw out the decision, in whole or in part. Its judgment can be appealed to the Court of Appeals for the Federal Circuit, and the Supreme Court may review the Federal Circuit’s decision if it agrees to hear the case.
Full Legal Text
Title 19, §2395
Customs Duties — Source: USLM XML via OLRC
(a)A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 2273 of this title, a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2341 of this title, an agricultural commodity producer (as defined in section 2401(2) of this title) aggrieved by a determination of the Secretary of Agriculture under section 2401b of this title, or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 11 See References in Text note below. of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.
(b)The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c)The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 of title 28.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 2371 of this title, referred to in subsec. (a), means section 271 of Pub. L. 93–618, which related to determinations by the Secretary of Commerce for community eligibility for adjustment assistance and was omitted from the Code as terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93–618, set out as a Termination Date note preceding section 2271 of this title. section 285 of Pub. L. 93–618 was amended generally by Pub. L. 107–210, div. A, title I, § 111(c), Aug. 6, 2002, 116 Stat. 936, after which it no longer contained such termination provisions. Another section 271 of Pub. L. 93–618, added as section 278 by Pub. L. 111–5 and renumbered as section 271 by Pub. L. 112–40, relates to a Community College and Career Training Grant Program and is classified to section 2371 of this title. Section 1256 of title 28, referred to in subsec. (c), was repealed by Pub. L. 97–164, title I, § 123, Apr. 2, 1982, 96 Stat. 36. Codification Section reflects the
July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a),
June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective
June 29, 2015, until
July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
Amendments
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below. 2009—Subsec. (a). Pub. L. 111–5, §§ 1873(b)(1)(C), 1893, temporarily substituted “section 2371b” for “section 2371”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1873(b)(1)(B), 1893, which directed the temporary substitution of “or authorized representative of a community” for “or any other interested domestic party”, was executed by making the temporary substitution for “or any other interested domestic party” the second time appearing to reflect the probable intent of Congress. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1873(b)(1)(A), 1893, temporarily inserted “or 2401e” after “section 2401b”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Pub. L. 108–429, § 2004(a)(11)(A), amended directory language of Pub. L. 107–210, § 142(a)(1). See 2002 Amendment notes below. 2002—Subsec. (a). Pub. L. 107–210, § 142(a)(1), as amended by Pub. L. 108–429, § 2004(a)(11)(A), inserted “an agricultural commodity producer (as defined in section 2401(2) of this title) aggrieved by a determination of the Secretary of Agriculture under section 2401b of this title,” after “section 2341 of this title,” in first sentence and substituted “, the Secretary of Commerce, or the Secretary of Agriculture” for “or the Secretary of Commerce” in second sentence. Pub. L. 107–210, § 123(b)(4), struck out “or section 2331(c) of this title” after “section 2273 of this title”. Subsecs. (b), (c). Pub. L. 107–210, § 142(a)(1)(B), as amended by Pub. L. 108–429, § 2004(a)(11)(A)(i), substituted “, the Secretary of Commerce, or the Secretary of Agriculture” for “or the Secretary of Commerce”. 1993—Subsec. (a). Pub. L. 103–182 inserted reference to section 2331(c) of this title. 1982—Subsec. (c). Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor revival and applicability, beginning on
June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on
July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. Effective and Termination Dates of 2011 RevivalFor revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a),
June 29, 2015, 129 Stat. 374, effective
June 29, 2015. See Codification note above. Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date
of 2002 AmendmentAmendment by section 123(b)(4) of Pub. L. 107–210 applicable with respect to petitions filed under this part on or after the date that is 90 days after Aug. 6, 2002, except with respect to certain workers, see section 123(c) of Pub. L. 107–210, set out as an
Effective Date
of Repeal note under section 2331 of this title. Amendment by section 142(a) of Pub. L. 107–210 effective on the date that is 180 days after Aug. 6, 2002, see section 141(b) of Pub. L. 107–210, set out as an
Effective Date
note under section 2401 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as a note under section 2271 of this title.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date
Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96–417 set out as an
Effective Date
of 1980 Amendment note under section 251 of Title 28, Judiciary and Judicial Procedure.
Reference
Citations & Metadata
Citation
19 U.S.C. § 2395
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73