2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 169 - COURT OF INTERNATIONAL TRADE PROCEDURE (§§ 2631 - 2647)
Section 2638 - New grounds in support of a civil action
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 169 - COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2638 - New grounds in support of a civil action
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 96-417, title III, §301, Oct. 10, 1980, 94 Stat. 1736.|
|Statutes at Large References||62 Stat. 982 |
84 Stat. 281
94 Stat. 1736
|Public Law References||Public Law 91-271, Public Law 96-417|
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.
(Added Pub. L. 96–417, title III, §301, Oct. 10, 1980, 94 Stat. 1736.)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.
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