28 U.S.C. § 2633

Procedure and fees

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(a) A filing fee shall be payable to the clerk of the Court of International Trade upon the commencement of a civil action in such court. The amount of the fee shall be prescribed by the rules of the court, but shall be not less than $5 nor more than the filing fee for commencing a civil action in a district court of the United States. The court may fix all other fees to be charged by the clerk of the court.(b) The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters.(c) All summons, pleadings, and other papers filed in the Court of International Trade shall be served on all parties in accordance with rules prescribed by the court. When the United States, its agencies, or its officers are adverse parties, service of the summons shall be made upon the Attorney General and the head of the Government agency whose action is being contested. When injunctive relief is sought, the summons, pleadings, and other papers shall also be served upon the named officials sought to be enjoined.(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1732.)Editorial NotesPrior Provisions

A prior section 2633, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, § 114, 84 Stat. 279; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(D), 93 Stat. 306, related to precedence of cases, prior to the general revision of this chapter by Pub. L. 96–417. See section 2647 of this title.

Notes of Decisions
Cited in 95 cases, 1950–2016 · leading case: Exelon Wind 1, L.L.C. v. Donna Nelson, et a, 766 F.3d 380 (5th Cir. 2014).
Exelon Wind 1, L.L.C. v. Donna Nelson, et a, 766 F.3d 380 (5th Cir. 2014). “12- 51228 U.S.C. § 2633 ); 16 U.S.C. § 2633 (“Any person .”
Stone Container Corp., Stone Container Int'l & Stone Container Savannah River Pulp & Paper, Plaintiffs-Cross v. United States, 229 F.3d 1345 (Fed. Cir. 2000). “Congress authorized the Court of International Trade to establish its own procedural rules, see 28 U.S.C. § 2633 (b), and unlike the Federal Rules of Civil Procedure, the Court of International Trade’s rules are not required to be transmitted to Congress.”
ASG Indus., Inc. v. United States, 467 F. Supp. 1200 (Cust. Ct. 1979). · cites it 2× “Now, defendant contends — without any basis — that this court should not make that legal determination, and urges a result which cannot be harmonized with (1) subsections (e) and (g) of 19 U.”
Ontario Forest Indus. Assoc v. United States, 444 F. Supp. 2d 1309 (Ct. Intl. Trade 2006). “§ 1585 (conferring the Court of International Trade all powers in law equity conferred on district courts); 28 U.S.C. § 2633 (b) (“The Court of International Trade shall prescribe rules governing .”
Yancheng Baolong Biochemical Prods. Co. v. United States, 343 F. Supp. 2d 1226 (Ct. Intl. Trade 2004). · cites it 2× “See 28 U.S.C. § 2633 (b) (“The Court of International Trade shall prescribe rules governing summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters.”
Belfont Sales Corp. v. United States, 698 F. Supp. 916 (Ct. Intl. Trade 1988). “§ 2633 provides, in part, as follows: (b) The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters.”
Former Employees of Badger Coal Co. v. United States, 649 F. Supp. 818 (Ct. Intl. Trade 1986). · cites it 2× “Discussion The filing of fees in this Court is governed by 28 U.S.C. § 2633 (a) (1982) which provides that “[a] filing fee shall be payable to the clerk of the Court of International Trade upon the commencement of a civil action in such court.”
Fine Furniture (Shanghai) Ltd. v. United States, 2016 CIT 120 (Ct. Intl. Trade 2016). “, 28 U.S.C. § 2633 (b) ("The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidátions, severances, suspensions of cases, and for other procedural matters.”
Flintkote Co. v. Blumenthal, 469 F. Supp. 115 (N.D.N.Y. 1979). “Suffice it to say that from my review of this area of the law it does not appear that the interpretation advanced by the Secretary is repugnant to the Antidumping Act. See generally 61 Cong. Rec. 1565 (1921).”
Millmaster Int'l Inc., Millmaster Int'l Corp. v. The United States, 427 F.2d 811 (C.C.P.A. 1970). “28 U.S.C. § 2633 (1964). . “The idea of the ‘United States Value’ provision, * * * is to arrive at a theoretical foreign market value.”
The United States v. Clayton Chem. & Packaging Co., 357 F.2d 1009 (C.C.P.A. 1965). · cites it 3× “Our determination that objection to the admission of the affidavits in issue was timely made and not thereafter waived by conduct of counsel, as indicated by the Customs Court, poses the further question of whether the affidavits were properly admitted in evidence under the…”
Rhone Poulenc, Inc. v. United States, 694 F. Supp. 1579 (Ct. Intl. Trade 1988). “There is no similar provision in the relevant portion of section 301 of the Customs Courts Act of 1980, 28 U.S.C. § 2633 (b) (1982). Defendant’s legal argument against vacating the dismissal orders was recently rejected in Bio-Rad Laboratories, Inc.”
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