Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§2638 New Grounds in Support of a Civil Action
Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 169— COURT OF INTERNATIONAL TRADE PROCEDURE › § 2638
Summary
A court in a suit under section 515 of the Tariff Act of 1930 may allow a new argument if it involves the same goods and same section 514 decision challenged in the protest.
Full Legal Text
Title 28, §2638
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
In any civil action under section 515 of the Tariff Act of 1930 in which the denial, in whole or in part, of a protest is a precondition to the commencement of a civil action in the Court of International Trade, the court, by rule, may consider any new ground in support of the civil action if such new ground—
(1)applies to the same merchandise that was the subject of the protest; and
(2)is related to the same administrative decision listed in section 514 of the Tariff Act of 1930 that was contested in the protest.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 515 of the Tariff Act of 1930, referred to in text, is classified to section 1515 of Title 19, Customs Duties. section 514 of the Tariff Act of 1930, referred to in par. (2), is classified to section 1514 of Title 19.
Prior Provisions
A prior section 2638, acts
June 25, 1948, ch. 646, 62 Stat. 982;
June 2, 1970, Pub. L. 91–271, title I, § 119, 84 Stat. 281, related to decisions, findings of fact and conclusions of law, and effect of opinions, prior to the general revision of this chapter by Pub. L. 96–417. See section 2645 (a) and (c) of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2638
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60