AMENDMENTS

1980-Pub. L. 96-417 provided for payment of final judgments rendered by the Court of International Trade against the United States on settlements by the General Accounting Office.

1978-Pub. L. 95-563 added Contract Disputes Act of 1978 exception.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2412 of this title; title 5 section 504; title 16 sections 79g, 460bb-2; title 31 section 724a; title 42 section 418.

§ 2415. Time for commencing actions brought by the United States

(a) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon any contract express or implied in law or fact, shall be barred unless the complaint is filed within six years after the right of action accrues or within one year after final decisions have been rendered in applicable administrative proceedings required by contract or by law, whichever is later: Provided, That in the event of later partial payment or written acknowledgment of debt, the right of action shall be deemed to accrue again at the time of each such payment or acknowledgment: Provided further, That an action for money damages brought by the United States for or on behalf of a recognized tribe, band or group of American Indians shall not be barred unless the complaint is filed more than six years and ninety days after the right of action accrued: Provided further, That an action for money damages which accrued on the date of enactment of this Act in accordance with subsection (g) brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status, shall not be barred unless the complaint is filed after December 31, 1982 or more than two years after a final decision has been rendered in applicable administrative proceedings required by contract or by law, whichever is later.

(b) Subject to the provisions of section 2416 of this title, and except as otherwise provided by Congress, every action for money damages brought by the United States or an officer or agency thereof which is founded upon a tort shall be barred unless the complaint is filed within three years after the right of action first

accrues: Provided, That an action to recover damages resulting from a trespass on lands of the United States; an action to recover damages resulting from fire to such lands; an action to recover for diversion of money paid under a grant program; and an action for conversion of property of the United States may be brought within six years after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band or group of American Indians, including actions relating to allotted trust or restricted Indian lands, may be brought within six years and ninety days after the right of action accrues, except that such actions for or on behalf of a recognized tribe, band, or group of American Indians, including actions relating to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status which accrued on the date of enactment of this Act in accordance with subsection (g) may be brought on or before December 31, 1982.

[See main edition for text of (c) to (h)]

(As amended Pub. L. 95-64, July 11, 1977, 91 Stat. 268; Pub. L. 95-103, Aug. 15, 1977, 91 Stat. 842; Pub. L. 96-217, § 1, Mar. 27, 1980, 94 Stat. 126.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-217, § 1(a), substituted "December 31, 1982" for "April 30, 1980".

Subsec. (b). Pub. L. 96-217, § 1(b), substituted "December 31, 1982" for "April 1, 1980".

1977-Subsec. (a). Pub. L. 95-103, § 1(a), substituted "after April 1, 1980" for "after August 18, 1977".

Pub. L. 95-64, § 1(a), substituted "unless the complaint is filed after August 18, 1977" for "unless the complaint is filed more than eleven years after the right of action accrued" in the proviso covering actions for money damages brought by the United States for or on behalf of a recognized tribe, band, or group of American Indians, or on behalf of an individual Indian whose land is held in trust or restricted status based upon rights of action which accrued on July 18, 1966, in accordance with subsec. (g).

Subsec. (b). Pub. L. 95-103, § 1(b), substituted "on or before April 1, 1980" for "on or before August 18, 1977".

Pub. L. 95-64, § 1(b), substituted "may be brought on or before August 18, 1977" for "may be brought within eleven years after the right of action accrues" in the proviso covering actions for or on behalf of recognized tribes, bands, or groups of American Indians, including actions related to allotted trust or restricted Indian lands, or on behalf of an individual Indian whose land is held in trust or restricted status based upon rights of action which accrued on July 18, 1966, in accordance with subsec. (g).

LEGISLATIVE PROPOSALS RESPECTING APPROPRIATENESS OF RESOLUTION BY LITIGATION OF UNRESOLVED INDIAN CLAIMS

Section 2 of Pub. L. 96-217 provided that: "Not later than June 30, 1981, the Secretary of the Interior, after consultation with the Attorney General, shall submit to the Congress legislative proposals to resolve those Indian claims subject to the amendments made by the first section of this Act [amending this section] that the Secretary of the Interior or the Attorney General believes are not appropriate to resolve by litigation."

1978-Pub. L. 95-563, § 14(h)(2)(B), Nov. 1, 1978, 92 Stat. 2390, inserted "or the head of an executive department or agency" following "Comptroller General" in item 2510.

§ 2510. Referral of cases by the Comptroller General or the head of an executive department or agency (a) The Comptroller General may transmit to the Court of Claims for trial and adjudication any claim or matter of which the Court of Claims might take jurisdiction on the voluntary action of the claimant, together with all vouchers, papers, documents, and proofs pertaining thereto.

The Court of Claims shall proceed with the claims or matters so referred as in other cases pending in such court and shall render judgment thereon.

(b)(1) The head of any executive department or agency may, with the prior approval of the Attorney General, refer to the Court of Claims for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which such head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contracts Disputes Act of 1978. The head of each executive department or agency shall make any referral under this section within one hundred and twenty days of the receipt of a copy of the final appeal decision.

(2) The Court of Claims shall review the matter referred in accordance with the standards specified in section 10(b) of the Contracts

Disputes Act of 1978. The Court shall proceed with judicial review on the administrative record made before the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, as appropriate, render judgment thereon, take additional evidence, or remand the matter pursuant to the authority specified in section 1491 of this title.

(As amended Nov. 1, 1978, Pub. L. 95-563, § 14(h)(1), (2)(A), 92 Stat. 2390.)

REFERENCES IN TEXT

Section 10(b) of the Contracts Disputes Act of 1978, referred to in subsec. (b), probably means section 10(b) of the Contract Disputes Act of 1978, Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2388, which is classified to section 609(b) of Title 41, Public Contracts.

AMENDMENTS

1978-Pub. L. 95-563, inserted "or the head of an executive department or agency" in section catchline, designated existing provisions as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1978 AmendmenT

Amendment by Pub. L. 95-563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 607.

§ 2517. Payment of judgments

(a) Except as provided by the Contract Disputes Act of 1978, every final judgment rendered by the Court of Claims against the United States shall be paid out of any general appropriation therefor, on presentation to the General Accounting Office of a certification of the judgment by the clerk and chief judge of the court.

(b) Payment of any such judgment and of interest thereon shall be a full discharge to the United States of all claims and demands arising out of the matters involved in the case or controversy, unless the judgment is designated a partial judgment, in which event only the matters described therein shall be discharged. (As amended Nov. 1, 1978, Pub. L. 95-563, § 14(e), (f), 92 Stat. 2390.)

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in subsec. (a), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, which is classified principally to chapter 9 (§ 601 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 41 and Tables.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-563, § 14(e), added Contract Disputes Act of 1978 exception.

Subsec. (b). Pub. L. 95-563, § 14(f), added provision relating to discharge of partial judgments.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-563 effective with respect to contracts entered into 120 days after Nov. 1, 1978, and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see section 16 of Pub. L. 95-563, set out as an Effective Date note under section 601 of Title 41, Public Contracts.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2412 of this title; title 16 sections 79g, 460bb-2; title 25 sections 70v-3, 640d-27; title 31 section 724a.

§ 2518. Certification of judgments for appropriation SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 70v-3; title 31 section 724a.

§ 2601. Appeals from Court of International Trade decisions

(a) A party may appeal to the Court of Customs and Patent Appeals from a final judgment or order of the Court of International Trade within sixty days after entry of the judgment or order. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days after the date on which the first notice of appeal was filed.

(b) An appeal or cross appeal is made by filing in the office of the clerk of the Court of Customs and Patent Appeals a notice of appeal or cross appeal. A copy of the notice shall be served on the adverse parties. When the United States is an adverse party, service shall be made on the Attorney General and any named official. Thereupon, the Court of Customs and Patent Appeals shall order the Court of International Trade to transmit the record and evidence taken, together with either the findings of fact and conclusions of law or the opinion, as the case may be.

(c) The Court of Customs and Patent Appeals may affirm, modify, vacate, set aside, or reverse any judgment or order of the Court of International Trade lawfully brought before it for review, and may remand the cause and direct the entry of an appropriate judgment or order, or require such further proceedings as may be just under the circumstances. Findings of fact shall not be set aside unless clearly erroneous and due regard shall be given to the opportunity of the Court of International Trade to judge the credibility of the witnesses. A party may

raise on appeal the question of whether the findings of fact are clearly erroneous, whether or not the party raising such question made an objection to such findings in the Court of International Trade or made a motion to amend such findings. The judgment or order of the Court of Customs and Patent Appeals shall be final and conclusive unless modified, vacated, set aside, reversed, or remanded by the Supreme Court under section 2106 of this title. (As amended Oct. 10, 1980, Pub. L. 96-417, title IV, § 403(a)-(d), title V, § 501(27), (28), 94 Stat. 1740, 1741, 1742.)

AMENDMENTS

1980-Pub. L. 96-417, § 501(27), substituted "Court of International Trade" for "Customs Court" in section heading.

Subsec. (a). Pub. L. 96-417, §§ 403(a), 501(28), authorized other parties to file a notice of appeal within fourteen days after the date on which the first notice of appeal is filed where a timely notice of appeal is filed by a party and redesignated the Customs Court as the Court of International Trade.

Subsec. (b). Pub. L. 96-417, §§ 403(b), (c), 501(28), made provisions applicable to cross appeals and deleted requirement that the notice of appeal include a concise statement of the errors complained of; substituted provision for service "on the Attorney General and the Secretary of the Treasury and any named official" for service "on the Attorney General and the Secretary of the Treasury or their designees"; and redesignated the Customs Court as the Court of International Trade.

Subsec. (c). Pub. L. 96-417, §§ 403(d), 501(28), inserted provisions respecting restriction against setting aside findings of fact unless clearly erroneous and requirement to show due regard for the Court of International Trade to judge the credibility of witnesses; and redesignated the Customs Court as the Court of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment of subsecs. (a) to (c) by section 403 of Pub. L. 96-417 applicable with respect to civil actions commenced on or after Nov. 1, 1980; and amendment of section heading and subsecs. (a) to (c) redesignating the Customs Court as the Court of International Trade by section 501(27), (28) of Pub. L. 96-417 effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(b)(1)(D) and (a), respectively, of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2645 of this title.

§ 2602. Precedence of cases

The following civil actions in the Court of Customs and Patent Appeals shall be given precedence, in the following order, over other civil actions pending before the court, and shall be assigned for hearing at the earliest practicable date and expedited in every way:

(1) First, a civil action involving the exclusion of perishable merchandise or the redelivery of such merchandise.

(2) Second, a civil action for the review of a determination under section 516A(a)(1)(B)(i) or (ii) of the Tariff Act of 1930.

(3) Third, a civil action commenced under section 515 of the Tariff Act of 1930 involving the exclusion or redelivery of merchandise.

(4) Fourth, a civil action commenced under section 516 or 516A of the Tariff Act of 1930, other than a civil action described in paragraph (2) of this section.

(5) Fifth, an appeal from findings of the Secretary of Commerce provided for in headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (19 U.S.C. 1202).

(As amended Oct. 10, 1980, Pub. L. 96-417, title IV, § 403(e)(1), 94 Stat. 1741.)

REFERENCES IN TEXT

Section 516A of the Tariff Act of 1930, referred to in pars. (2) and (4), is classified to section 1516a of Title 19, Customs Duties.

Section 515 of the Tariff Act of 1930, referred to in par. (3), is classified to section 1515 of Title 19.

Section 516 of the Tariff Act of 1930, referred to in par. (4), is classified to section 1516 of Title 19.

§ 2604. Judicial conference

The chief judge of the Court of Customs and Patent Appeals is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court. (Added Pub. L. 96-417, title IV, § 405(a), Oct. 10, 1980, 94 Stat. 1741.)

EFFECTIVE DATE

Section effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L 96-417, as amended, set out as a note under section 251 of this title.

CHAPTER 169-COURT OF INTERNATIONAL TRADE PROCEDURE

AMENDMENTS

Sec.

2631.

The Tariff Schedules of the United States, referred to in par. (5), are no longer set out in the Code. See Publication of Tariff Schedules note set out under section 1202 of Title 19, Customs Duties.

2632.

Persons entitled to commence a civil action. Commencement of a civil action.

1980-Pub. L. 96-417 deleted from heading "American manufacturer, producer, or wholesaler" preceding cases; in revising text, deleted subsec. (a) and (b) designations; retained as part of introductory text substance of former subsec. (a) respecting precedence, assignment, and expedition of cases; established an order of precedence; incorporated in par. (4) former subsec. (a) provision for a second order of priority for proceedings under section 516 of the Tariff Act of 1930; included as a fourth order of priority proceedings under section 516A of the Tariff Act of 1930; and incorporated in par. (5) as a fifth order of priority former subsec. (b) provision for top priority for appeals from findings respecting schedule 8 of the Tariff Schedules.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(D) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

§ 2603. Rules of evidence

Except as provided in section 2639 or 2641(b) of this title or in the rules prescribed by the court, the Federal Rules of Evidence shall apply in the Court of Customs and Patent Appeals in any appeal from the Court of International Trade.

(Added Pub. L. 96-417, title IV, § 404(a), Oct. 10, 1980, 94 Stat. 1741.)

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in text, are set out in the appendix to this title.

EFFECTIVE DATE

Section effective on Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

Retrial or rehearing.

Precedence of cases.

AMENDMENTS

1980-Pub. L. 96-417, title III, § 301, Oct. 10, 1980, 94 Stat. 1730, substituted "Court of International Trade Procedure" for "Customs Court Procedure" in chapter heading, "Persons entitled to commence a civil action" for "Time for commencement of action" in item 2631, "Commencement of a civil action" for "Customs Court procedures and fees" in item 2632, "Procedure and fees" for "Precedence of cases" in item 2633, "Filing of official documents" for "Burden of proof; evidence of value" in item 2635, "Time for commencement of action" for "Analysis of imported merchandise" in item 2636, "Exhaustion of administrative remedies" for "Witnesses; inspection of documents" in item 2637, "New grounds in support of a civil action" for "Decisions; findings of fact and conclusions of law; effect of opinions" in item 2638, "Burden of proof; evidence of value" for "Retrial or rehearing" in item 2639, and added items 2640 to 2647.

1979-Pub. L. 96-39, title X, § 1001(b)(4)(F), July 26, 1979, 93 Stat. 306, substituted "Precedence of cases" for "Precedence of American manufacturer, producer, or wholesaler cases" in item 2633.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 19 sections 1514, 1516, 1516a.

§ 2631. Persons entitled to commence a civil action

(a) A civil action contesting the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person who filed the protest pursuant to section 514 of

such Act, or by a surety on the transaction which is the subject of the 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 by the person who filed such petition.

(c) A civil action contesting a determination listed in section 516A of the Tariff Act of 1930 may be commenced in the Court of International Trade by any interested party who was a party to the proceeding in connection with which the matter arose.

(d)(1) A civil action to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act may be commenced in the Court of International Trade by a worker, group of workers, certified or recognized union, or authorized representative of such worker or group that applies for assistance under such Act and is aggrieved by such final determination.

(2) A civil action to review any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act may be commenced in the Court of International Trade by a firm or its representative that applies for assistance under such Act and is aggrieved by such final determination, or by any other interested domestic party that is aggrieved by such final determination.

(3) A civil action to review any final determination of the Secretary of Commerce under section 271 of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act may be commenced in the Court of International Trade by a community that applies for assistance under such Act and is aggrieved by such final determination, or by any other interested domestic party that is aggrieved by such final determination.

(e) A civil action to review a final determination made under section 305(b)(1) of the Trade Agreements Act of 1979 may be commenced in the Court of International Trade by any person who was a party-at-interest with respect to such determination.

(f) A civil action involving an application for the issuance of an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930 may be commenced in the Court of International Trade by any interested party whose application for disclosure of such confidential information was denied under section 777(c)(1) of such Act.

(g)(1) A civil action to review any decision of the Secretary of the Treasury to deny or revoke a customhouse broker's license under section 641(a) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person whose license was denied or revoked. (2) A civil action to review any order of the Secretary of the Treasury to revoke or suspend a customhouse broker's license under section

641(b) of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person whose license was revoked or suspended.

(h) A civil action described in section 1581(h) of this title may be commenced in the Court of International Trade by the person who would have standing to bring a civil action under section 1581(a) of this title if he imported the goods involved and filed a protest which was denied, in whole or in part, under section 515 of the Tariff Act of 1930.

(i) Any civil action of which the Court of International Trade has jurisdiction, other than an action specified in subsections (a)-(h) of this section, may be commenced in the court by any person adversely affected or aggrieved by agency action within the meaning of section 702 of title 5.

(j)(1) Any person who would be adversely affected or aggrieved by a decision in a civil action pending in the Court of International Trade may, by leave of court, intervene in such action, except that

(A) no person may intervene in a civil action under section 515 or 516 of the Tariff Act of 1930;

(B) in a civil action under section 516A of the Tariff Act of 1930, only an interested party who was a party to the proceeding in connection with which the matter arose may intervene, and such person may intervene as a matter of right; and

(C) in a civil action under section 777(c)(2) of the Tariff Act of 1930, only a person who was a party to the investigation may intervene, and such person may intervene as a matter of right.

(2) In those civil actions in which intervention is by leave of court, the Court of International Trade shall consider whether the intervention will unduly delay or prejudice the adju dication of the rights of the original parties. (k) In this section

(1) "interested party" has the meaning given such term in section 771(9) of the Tariff Act of 1930; and

(2) "party-at-interest" means

(A) a foreign manufacturer, producer, or exporter, or a United States importer, of merchandise which is the subject of a final determination under section 305(b)(1) of the Trade Agreements Act of 1979;

(B) a manufacturer, producer, or wholesaler in the United States of a like product;

(C) United States members of a labor organization or other association of workers whose members are employed in the manufacture, production, or wholesale in the United States of a like product; and

(D) a trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the United States.

(Added Pub. L. 96-417, title III, § 301, Oct. 10,

1980, 94 Stat. 1730.)