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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§2639 Burden of Proof; Evidence of Value

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 169 — COURT OF INTERNATIONAL TRADE PROCEDURE › § 2639

Last updated Aug 21, 2026|Official source

Summary

Cases filed in the Court of International Trade under sections 515, 516, or 516A of the Tariff Act of 1930 start with the court assuming the Secretary of the Treasury, the administering authority, or the International Trade Commission were correct; the challenger must prove otherwise, except in cases under section 1582. Cases under section 1581(h) require proof by clear and convincing evidence. When the value of goods is disputed, reports or depositions from U.S. officials or from witnesses who cannot attend, and authenticated price lists or catalogs, may be used if served under court rules.

Full Legal Text

Title 28, §2639

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2) of this subsection, in any civil action commenced in the Court of International Trade under section 515, 516, or 516A of the Tariff Act of 1930, the decision of the Secretary of the Treasury, the administering authority, or the International Trade Commission is presumed to be correct. The burden of proving otherwise shall rest upon the party challenging such decision.
(2)The provisions of paragraph (1) of this subsection shall not apply to any civil action commenced in the Court of International Trade under section 1582 of this title.
(b)In any civil action described in section 1581(h) of this title, the person commencing the action shall have the burden of making the demonstration required by such section by clear and convincing evidence.
(c)Where the value of merchandise or any of its components is in issue in any civil action in the Court of International Trade—
(1)reports or depositions of consuls, customs officers, and other officers of the United States, and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted into evidence when served upon the opposing party as prescribed by the rules of the court; and
(2)price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 515, 516, and 516A of the Tariff Act of 1930, referred to in subsec. (a)(1), are classified to section 1515, 1516, and 1516a, respectively, of Title 19, Customs Duties.

Prior Provisions

A prior section 2639, acts
June 25, 1948, ch. 646, 62 Stat. 982;
June 2, 1970, Pub. L. 91–271, title I, § 120, 84 Stat. 281, provided for retrial or rehearing, prior to the general revision of this chapter by Pub. L. 96–417. See section 2646 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a)(2) of this section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(A) of Pub. L. 96–417, set out as an

Effective Date

of 1980 Amendment note under section 251 of this title. Subsec. (b) 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2639

Title 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102