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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§2643 Relief

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 169— - COURT OF INTERNATIONAL TRADE PROCEDURE › § 2643

Last updated Apr 6, 2026|Official source

Summary

The Court of International Trade can enter money judgments in certain civil cases. It may award money for or against the United States in suits under sections 1581 or 1582. It may also award money for or against the United States or any party in counterclaims, cross-claims, or third-party actions under section 1583. If the court cannot reach a correct decision from the evidence, it can order a new trial, a rehearing, or other steps it needs to get the facts and decide the case. The court can also grant other kinds of relief, like declaring rights, sending a case back to an agency, or ordering officials to act or stop acting. But there are limits. The court cannot issue injunctions or writs of mandamus in reviews of final Labor Department decisions under section 223 of the Trade Act of 1974 or Commerce Department decisions under sections 251 or 271 of that Act. It may disclose only the specific confidential information allowed under section 777(c)(2) of the Tariff Act of 1930. In cases under section 1581(h) the court may only give declaratory relief. For antidumping or countervailing duty cases on goods from a free trade area country (see Tariff Act section 516A(f)(9)), the court may not order declaratory relief. If a surety brings a suit, it may recover only the liquidated duties, charges, or exactions it paid; any extra recovery goes to the importer of record. In penalty cases under sections 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court cannot award more than the United States asked for in its first pleading and may award less.

Full Legal Text

Title 28, §2643

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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)(9) 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.

Legislative History

Notes & Related Subsidiaries

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.

Editorial Notes

References in Text

section 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), are classified to section 2273, 2341, and 2371, respectively, of Title 19, Customs Duties. Section 2371 of Title 19 was omitted from the Code as terminated Sept. 30, 1982. section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to section 1677f(c)(2) of Title 19. section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to section 1516a(f)(9) of Title 19. section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to section 1641 of Title 19.

Amendments

2020—Subsec. (c)(5). Pub. L. 116–113 substituted “section 516A(f)(9)” for “section 516A(f)(10)”. 1993—Subsec. (c)(5). Pub. L. 103–182 substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930)” for “Canadian merchandise”. 1988—Subsec. (c). Pub. L. 100–449 temporarily substituted “(4), and (5)” for “and (4)” in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below. 1984—Subsec. (e). Pub. L. 98–573 added subsec. (e).

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 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], 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

Subsecs. (a) and (c)(2), (4) 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. 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2643

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73