U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 169— COURT OF INTERNATIONAL TRADE PROCEDURE

28 U.S.C. § 2632

Commencement of a civil action

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(a) Except for civil actions specified in subsections (b) and (c) of this section, a civil action in the Court of International Trade shall be commenced by filing concurrently with the clerk of the court a summons and complaint, with the content and in the form, manner, and style prescribed by the rules of the court.(b) A civil action in the Court of International Trade under section 515 or section 516 of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the content and in the form, manner, and style prescribed by the rules of the court.(c) A civil action in the Court of International Trade under section 516A of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons or a summons and a complaint, as prescribed in such section, with the content and in the form, manner, and style prescribed by the rules of the court.(d) The Court of International Trade may prescribe by rule that any summons, pleading, or other paper mailed by registered or certified mail properly addressed to the clerk of the court with the proper postage affixed and return receipt requested shall be deemed filed as of the date of mailing.(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.)Editorial NotesReferences in Text

Sections 515 and 516 of the Tariff Act of 1930, referred to in subsec. (b), are classified to sections 1515 and 1516, respectively, of Title 19, Customs Duties.

Section 516A of the Tariff Act of 1930, referred to in subsec. (c), is classified to section 1516a of Title 19.

Prior Provisions

A prior section 2632, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 113, 84 Stat. 279; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(f)(3), 88 Stat. 2048; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(C), 93 Stat. 306, related to Customs Court procedure and fees, prior to the general revision of this chapter by Pub. L. 96–417. See section 2633 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Subsec. (a) 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, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

Notes of Decisions
Cited in 79 cases (2 in the last 5 years), 1956–2024 · leading case: Daimlerchrysler Corp. v. United States, 442 F.3d 1313 (Fed. Cir. 2006).
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Daimlerchrysler Corp. v. United States, 442 F.3d 1313 (Fed. Cir. 2006). · cites it 3× “Under 28 U.S.C. § 2632 (b), “[a] civil action in the Court of International Trade under section 515 or 516 of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons, with the content and in the form, manner, and style prescribed by the rules of…”
Michelin Tire Corp. v. United States, 469 F. Supp. 270 (Cust. Ct. 1979). · cites it 7× “Plaintiff commenced this action pursuant to 28 U.S.C. § 2632 to contest the denial of its administrative protest against the assessment of countervailing duties on tires it had imported from Canada.”
Autoalliance Int'l, Inc. v. United States, 398 F. Supp. 2d 1326 (Ct. Intl. Trade 2005). · cites it 3× “’s Reply at 6 n. 6.) Defendant further argues that this Court lacks jurisdiction pursuant to § 1581(f) over Count II of Plaintiffs Amended Complaint because Plaintiff failed to commence its civil action under § 1581(f) by the concurrent filing of a summons and complaint as…”
Archer Daniels Midland Co. v. United States, 561 F.3d 1308 (Fed. Cir. 2009). · cites it 2× “ADM thereafter filed suit in the Court of International Trade under 28 U.S.C. § 2632 , seeking reliquidation of the entries and calculation of duties under its proposed headings.”
Washington Int'l Ins. v. United States, 138 F. Supp. 2d 1314 (Ct. Intl. Trade 2001). · cites it 2× “§ 1581 (i) jurisdiction in this ease because of Washington International’s failure to adhere to procedural requirements set forth in 28 U.S.C. § 2632 (a) and USCIT R. 3(a). Congress, in 28 U.”
Celta Agencies, Inc. v. United States, 2012 CIT 128 (Ct. Intl. Trade 2012). · cites it 3× “” 28 U.S.C. § 2632 (a). Neither the summons, filed on June 2, 2010, nor the complaint, filed on May 23, 2011, were filed within the two-year period beginning on June 29, 2007.”
Georgetown Steel Corp. v. The United States, 801 F.2d 1308 (Fed. Cir. 1986). “Georgetown Steel apparently also relies upon 28 U.S.C. § 2632 (c), which provides that “[a] civil action in the Court of International Trade under section 516A of the Tariff Act of 1930 shall be commenced by filing with the clerk of the court a summons or a summons and a…”
Parkdale Int'l, Ltd. v. United States, 491 F. Supp. 2d 1262 (Ct. Intl. Trade 2007). · cites it 2× “§ 1581 (i) action, the summons and complaint for a potential § 1581(c) action should be filed together because 28 U.S.C. § 2632 (a) specifies a concurrent summons and complaint for (i) actions.”
Atari Caribe, Inc. v. United States, 799 F. Supp. 99 (Ct. Intl. Trade 1992). · cites it 2× “The legislative history to section 113 of that act ( 28 U.S.C. § 2632 (1973)) states that: Section 2632(d) retains the present authority of the court to provide by rule for consideration of any new ground in support of an action before the court if: (1) it applies to the same…”
Daewoo Elec. Co., Ltd. v. United States, 655 F. Supp. 508 (Ct. Intl. Trade 1987). · cites it 3× “Samsung and the defendant point out, however, that the rule violation which defeated the filing of the summons in NEC — the lack of “proper postage” required under Rule 5(g) — is a requirement specified in the statute that authorized the court to promulgate the rule, 28 U.S.C. §…”
Ceramica Regiomontana, S.A. v. United States, 590 F. Supp. 1260 (Ct. Intl. Trade 1984). “See 28 U.S.C. § 2632 (c) (1982); Tariff Act of 1930, § 516A(a)(2)(A), as amended, 19 U.”
Scm Corp. v. United States Int'l Trade Comm'n, Royal Typewriter Co. & Brother Indus., Ltd., Intervenors, 549 F.2d 812 (D.C. Cir. 1977). · cites it 2× “When a challenge is brought pursuant to section 516(c), the procedure in the Customs Court pursuant to 28 U.S.C. § 2632 (f) is as follows: (f) Upon service of the summons on the Secretary of the Treasury or his designee in any action brought under subsection (a)(1) or (a)(2),…”
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— 28 U.S.C. § 2632(f) — 1 case
Flagstaff Liquor Co. v. United States, 388 F. Supp. 554 (Cust. Ct. 1974).
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