28 U.S.C. § 2638: New grounds in support of a…

Summary

A court in a case under section 515 of the Tariff Act of 1930 — where a protest had to be denied before the case could be filed — may consider new reasons for the case. Those new reasons must be about the same merchandise and must relate to the same administrative decision listed in section 514 that was challenged in the protest.

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.

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.

§2638 New Grounds in Support of a Civil Action