Amendment of SectionFor termination of amendment by
section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
Prior History of CourtThe United States Customs Court, the predecessor of the Court of International Trade, was omitted in the general revision of this chapter by Pub. L. 96–417. The predecessor of the United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of
June 10, 1890. The Board was under the administrative supervision of the Secretary of the Treasury. From 1890 to 1926, the Board of General Appraisers had jurisdiction over all protests from decisions of the collectors of customs and appeals for reappraisement under
section 13 and
14 of the Customs Administrative Act of
June 10, 1890, ch. 407, 26 Stat. 136. The Customs Court was established by act
May 28, 1926, ch. 411, §§ 1, 2, 44 Stat. 669,
section 405a and
405b of Title 19, Customs Duties, and said act transferred to it all the jurisdiction and powers of the former Board of General Appraisers. The Tariff Act of June 1930, ch. 497, title IV, § 518, 46 Stat. 737,
section 1518 of Title 19, continued the Customs Court as constituted on
June 17, 1930 with, however, several important changes.
References in Text
section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to
section 1515 of Title 19, Customs Duties.
section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to
section 1516 of Title 19, Customs Duties.
section 516A and
517 of the Tariff Act of 1930, referred to in subsec. (c), are classified to
section 1516a and
1517 of Title 19, Customs Duties. The Trade Act of 1974, referred to in subsec. (d), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of Title 19, Customs Duties.
section 223, 251, 293, and 296 of the Act are classified to
section 2273, 2341, 2401b, and 2401e, respectively, of Title 19.
section 273 of the Act, formerly classified to
section 2371b of Title 19, was repealed by Pub. L. 112–40, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411. For complete classification of this Act to the Code, see
References in Text
note set out under
section 2101 of Title 19 and Tables.
section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to
section 2515(b)(1) of Title 19, Customs Duties.
section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to
section 1677f(c)(2) of Title 19, Customs Duties.
section 641 of the Tariff Act of 1930, referred to in subsec. (g)(1), (2), is classified to
section 1641 of Title 19, Customs Duties.
section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to
section 1499(b) of Title 19, Customs Duties.
section 305 of the Tariff Act of 1930, referred to in subsec. (j), is classified to
section 1305 of Title 19, Customs Duties.
Prior Provisions
A prior
section 1581, act June 25, 1948, ch. 646, 62 Stat. 943, related to powers of the Customs Court generally, prior to the general revision of this chapter by Pub. L. 96–417. See
section 1585 of this title.
Amendments
2020—Subsec. (i). Pub. L. 116–113, § 423(a)(1)(A), (B), (D), designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), added par. (2), and struck out former concluding provisions which read as follows: “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.” Subsec. (i)(1)(D). Pub. L. 116–113, § 423(a)(1)(C), substituted “subparagraphs (A) through (C) of this paragraph” for “paragraphs (1)–(3) of this subsection”. 2016—Subsec. (c). Pub. L. 114–125 inserted “or 517” after “516A”. 2009—Subsec. (d)(3), (4). Pub. L. 111–5 substituted “273” for “271” in par. (3) and added par. (4). 1993—Subsec. (g)(3). Pub. L. 103–182, § 684(a)(1), added par. (3). Subsec. (i). Pub. L. 103–182, § 414(a)(1), inserted “the North American Free Trade Agreement or” before “the United States-Canada Free-Trade Agreement” in last sentence. 1988—Subsec. (i). Pub. L. 100–449 temporarily inserted at end “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 United States-Canada Free-Trade Agreement and
section 516A(g) of the Tariff Act of 1930.” See Effective and Termination Dates of 1988 Amendment note below. 1986—Subsec. (g)(1). Pub. L. 99–514 substituted “(3)” for “(3) or (c)”. 1984—Subsec. (g)(1). Pub. L. 98–573 amended par. (1) generally, substituting “a customs broker’s license under
section 641(b)(2) or (3) or (c) 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” for “or revoke a customhouse broker’s license under
section 641(a) of the Tariff Act of 1930”. Subsec. (g)(2). Pub. L. 98–573 amended par. (2) generally, substituting “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” for “any order of the Secretary of the Treasury to revoke or suspend a customhouse broker’s license under
section 641(b) of the Tariff Act of 1930”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2020 AmendmentAmendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under
section 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see
section 432 of Pub. L. 116–113, set out as a note under
section 1516a of Title 19.
Effective Date
of 2016 AmendmentAmendment by Pub. L. 114–125 effective 180 days after Feb. 24, 2016, see
section 421(c) of Pub. L. 114–125, set out as an
Effective Date
note under
section 1517 of Title 19, Customs Duties.
Effective Date
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 an Effective and Termination Dates of 2009 Amendment note under
section 2271 of Title 19, Customs Duties.
Effective Date
of 1993 AmendmentAmendment by
section 414(a)(1) of 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], but not applicable to any final determination described in
section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determination described in
section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see
section 416 of Pub. L. 103–182, formerly set out as an
Effective Date
note under former
section 3431 of Title 19. Effective and Termination Dates of 1988 AmendmentAmendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see
section 501(a), (c) of Pub. L. 100–449, set out in a note under
section 2112 of Title 19, Customs Duties.
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–573 effective on close of 180th day after Oct. 30, 1984, see
section 214(d) of Pub. L. 98–573, set out as a note under
section 1304 of Title 19, Customs Duties.
Effective Date
Chapter effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see
section 701(a) of Pub. L. 96–417, set out as an
Effective Date
of 1980 Amendment note under
section 251 of this title. Subsecs. (d) and (g) to (i) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see
section 701(b)(1)(A) of Pub. L. 96–417. Application of 1993 Amendment Pub. L. 103–182, title VI, § 684(b), Dec. 8, 1993, 107 Stat 2219, which provided a rule regarding the application of the
Amendments
made by
section 684(a) of Pub. L. 103–182 to accreditations of private laboratories, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).
Transfer of Functions
For
Transfer of Functions
, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see
section 211 of Title 6, as amended generally by Pub. L. 114–125, and
section 802(b) of Pub. L. 114–125, set out as a note under
section 211 of Title 6. Effect of Termination of USMCA Country StatusFor provisions relating to effect of termination of USMCA country status on sections
401 to
432 of Pub. L. 116–113, see
section 4601 of Title 19, Customs Duties.