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

28 U.S.C. § 2637

Exhaustion of administrative remedies

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(a) A civil action contesting the denial of a protest under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade only if all liquidated duties, charges, or exactions have been paid at the time the action is commenced, except that a surety’s obligation to pay such liquidated duties, charges, or exactions is limited to the sum of any bond related to each entry included in the denied 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 only by a person who has first exhausted the procedures set forth in such section.(c) A civil action described in section 1581(h) of this title may be commenced in the Court of International Trade prior to the exhaustion of administrative remedies if the person commencing the action makes the demonstration required by such section.(d) In any civil action not specified in this section, the Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies.(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1735.)Editorial NotesReferences in Text

Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to section 1515 of Title 19, Customs Duties.

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

Prior Provisions

A prior section 2637, acts June 25, 1948, ch. 646, 62 Stat. 982; June 2, 1970, Pub. L. 91–271, title I, § 118, 84 Stat. 280; July 26, 1979, Pub. L. 96–39, title X, § 1001(b)(4)(E), 93 Stat. 306, related to witnesses and inspection of documents, prior to the general revision of this chapter by Pub. L. 96–417. See section 2641 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Subsec. (c) 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 497 cases (45 in the last 5 years), 1978–2026 · leading case: Itochu Bldg. Prods. v. United States, 733 F.3d 1140 (Fed. Cir. 2013).
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Itochu Bldg. Prods. v. United States, 733 F.3d 1140 (Fed. Cir. 2013). · cites it 4× “Instead, invoking 28 U.S.C. § 2637 (d)’s directive to require exhaustion of administrative remedies “where appropriate,” the trade court dismissed Itochu’s challenge because Itochu had failed to resubmit to Commerce, after the preliminary ruling, the comments it had submitted…”
Int'l Custom Prods., Inc. v. United States, 791 F.3d 1329 (Fed. Cir. 2015). · cites it 6× “28 U.S.C. § 2637 . ICP - contests the constitutionality of that pre-payment requirement on appeal.”
Jacobi Carbons AB & Jacobi Carbons, Inc. v. United States, 2017 CIT 39 (Ct. Intl. Trade 2017). · cites it 3× “” 28 U.S.C. § 2637 (d). Exhaustion of administrative remedies is a doctrine that holds “that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.”
Weishan Hongda Aquatic Food Co. v. United States, 917 F.3d 1353 (Fed. Cir. 2019). · cites it 3× “" 28 U.S.C. § 2637 (d). "[T]his statutory mandate indicates a congressional intent that, absent a strong contrary reason, the [CIT] should insist that parties exhaust their remedies before the pertinent administrative agencies.”
Carpenter Tech. Corp. v. United States, 452 F. Supp. 2d 1344 (Ct. Intl. Trade 2006). · cites it 3× “12(b)(1), mistakenly asserting that plaintiffs failure to exhaust administrative remedies divests the Court of International Trade of subject matter jurisdiction.”
Pakfood Pub. Co. Ltd. v. United States, 724 F. Supp. 2d 1327 (Ct. Intl. Trade 2010). · cites it 3× “See 28 U.S.C. § 2637 (d) (“[T]he Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies.”
Belgium v. United States, 551 F.3d 1339 (Fed. Cir. 2009). · cites it 4× “28 U.S.C. § 2637 ("[T]he Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies.”
Hartford Fire Ins. v. United States, 507 F. Supp. 2d 1331 (Ct. Intl. Trade 2007). · cites it 5× “Defendant also relies on 28 U.S.C. § 2637 (d) which states that “the Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies.”
United States Shoe Corp. v. United States, 907 F. Supp. 408 (Ct. Intl. Trade 1995). · cites it 4× “28 U.S.C. § 2637 (d). Having found jurisdiction under section 1581(i), pursuant to this Court's discretionary powers under 28 U.”
Ninestar Corp. v. United States, 2024 CIT 24 (Ct. Intl. Trade 2024). · cites it 4× “The court first exercises its discretion under 28 U.S.C. § 2637 (d) to determine that the administrative exhaustion requirement is not appropriate in this case due to the conclusory nature of the FLETF’s initial Listing Decision.”
Norsk Hydro Canada Inc. v. United States, 350 F. Supp. 2d 1172 (Ct. Intl. Trade 2004). · cites it 5× “Second, the Court will consider 28 U.S.C. § 2637 (d), which gives this Court discretion to require exhaustion of administrative remedies where there is not otherwise a statutory requirement of exhaustion.”
Zhaoqing Tifo New Fibre Co. v. United States, 2015 CIT 31 (Ct. Intl. Trade 2015). · cites it 5× “” 28 U.S.C. § 2637 (d); Def.’s Response Brief at 7-8; Def.”
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— 28 U.S.C. § 2637(a) — 2 cases
Atteberry v. United States, 2003 CIT 93 (Ct. Intl. Trade 2003).
Atteberry v. United States, 31 Ct. Int'l Trade 133 (Ct. Intl. Trade 2007).
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