Title 28Judiciary and Judicial ProcedureRelease 119-73

§2632 Commencement of a civil action

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 169— - COURT OF INTERNATIONAL TRADE PROCEDURE › § 2632

Last updated Apr 6, 2026|Official source

Summary

To start a civil case in the Court of International Trade, you must file both a summons and a complaint with the court clerk in the form the court’s rules require. But if the case is under section 515 or 516 of the Tariff Act of 1930, you start by filing only a summons. If it is under section 516A, you file either a summons or a summons and complaint as section 516A says. The court may also make a rule that a paper sent by registered or certified mail, properly addressed with postage and return receipt requested, counts as filed on the date it was mailed.

Full Legal Text

Title 28, §2632

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Except for civil actions specified in subsections (b) and (c) of this section, a civil action in the Court of International Trade shall be commenced by filing concurrently with the clerk of the court a summons and complaint, with the content and in the form, manner, and style prescribed by the rules of the court.
(b)A civil action in the Court of International Trade under section 515 or section 516 of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the content and in the form, manner, and style prescribed by the rules of the court.
(c)A civil action in the Court of International Trade under section 516A of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons or a summons and a complaint, as prescribed in such section, with the content and in the form, manner, and style prescribed by the rules of the court.
(d)The Court of International Trade may prescribe by rule that any summons, pleading, or other paper mailed by registered or certified mail properly addressed to the clerk of the court with the proper postage affixed and return receipt requested shall be deemed filed as of the date of mailing.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 515 and 516 of the Tariff Act of 1930, referred to in subsec. (b), are classified to section 1515 and 1516, respectively, of Title 19, Customs Duties. section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to section 1516a of Title 19.

Prior Provisions

A prior section 2632, acts
June 25, 1948, ch. 646, 62 Stat. 980;
June 2, 1970, Pub. L. 91–271, title I, § 113, 84 Stat. 279; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(f)(3), 88 Stat. 2048;
July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(C), 93 Stat. 306, related to Customs Court procedure and fees, prior to the general revision of this chapter by Pub. L. 96–417. See section 2633 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L. 96–417, set out as an

Effective Date

of 1980 Amendment note under section 251 of this title.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2632

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73