Title 28, Judiciary and Judicial ProcedureRelease 119-102

§2637 Exhaustion of Administrative Remedies

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 169 — COURT OF INTERNATIONAL TRADE PROCEDURE › § 2637

Last updated Aug 21, 2026|Official source

Summary

To start a lawsuit in the Court of International Trade that challenges a denied protest under Tariff Act section 515, you must have paid all final duties, charges, or fees for the entries when you start the case. If a bond company (surety) is responsible, it only owes up to the bond amount for each entry. To challenge a denied petition under section 516, you must first use the administrative steps in that section. A case under section 1581(h) can be started before using administrative remedies if you show the court what that section requires. For other types of cases, the Court of International Trade will usually make you try the available administrative remedies first when that is appropriate.

Full Legal Text

Title 28, §2637

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)A civil action contesting the denial of a protest under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade only if all liquidated duties, charges, or exactions have been paid at the time the action is commenced, except that a surety’s obligation to pay such liquidated duties, charges, or exactions is limited to the sum of any bond related to each entry included in the denied protest.
(b)A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 may be commenced in the Court of International Trade only by a person who has first exhausted the procedures set forth in such section.
(c)A civil action described in section 1581(h) of this title may be commenced in the Court of International Trade prior to the exhaustion of administrative remedies if the person commencing the action makes the demonstration required by such section.
(d)In any civil action not specified in this section, the Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Prior Provisions

A prior section 2637, acts
June 25, 1948, ch. 646, 62 Stat. 982;
June 2, 1970, Pub. L. 91–271, title I, § 118, 84 Stat. 280;
July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(E), 93 Stat. 306, related to witnesses and inspection of documents, prior to the general revision of this chapter by Pub. L. 96–417. See section 2641 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (c) 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. § 2637

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102