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

28 U.S.C. § 2638

New grounds in support of a civil action

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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.)Editorial NotesReferences 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.

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1961–2026 · leading case: Atari Caribe, Inc. v. United States
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Atari Caribe, Inc. v. United States (1992) cit · cites it 8× “Plaintiff relies on 28 U.S.C. § 2638 (1988). This raises the issue of whether or not a claim of a prior UEP constitutes a claim as to a classification decision, such that independent grounds may be raised in support of the claimed classification before this court.”
Autoalliance International, Inc. v. United States (2005) cit · cites it 4× “) Defendant also notes that Count II of Plaintiffs Amended Complaint does not set forth “any new ground in support” of its challenge to Customs’ denial of the reliquidated entries as required by 28 U.S.C. § 2638 . 11 (Def.’s Mot. at 9.) As such, Defendant suggests that Count II…”
Anval Nyby Powder AB v. United States (1996) cit · cites it 6× “The court’s review may go beyond the issues considered in Custom’s administrative determination.”
Hartford Fire Insurance Co. v. United States (2017) cit · cites it 3× “” Hartford argued in its Reply that the court possesses jurisdiction over the forty-five Jinfu II bonds pursuant to 28 U.S.C. § 2638 , which provides: In any civil action under [ 19 U.”
St. Paul Fire and Marine Ins. Co. v. United States (1990) cit · cites it 4× “Plaintiff relies on 28 U.S.C. § 2638 (1982), which provides that: 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,…”
St. Paul Fire & Marine Insurance Co. v. The United States (1992) cafc “Paul argues that the new claims are additional grounds in support of the original protest and, that under 28 U.S.C. § 2638 (1988), a separate protest is not required to add these claims to the pending suit.”
E.I. DuPont De Nemours & Co. v. United States (2000) cit · cites it 2× “§ 1484 that saves the conflict between it and 28 U.S.C. §§ 2638 and 2643(b) (1994), while preserving the court’s authority to develop a record.”
Minnetonka Brands, Inc. v. United States (2000) cit “The court reviews the factual aspects of Customs’ classification decisions de novo under 28 U.S.C. § 2638 , § 2640(a)(1), and § 2643(b) (1994).”
Pagoda Trading Co. v. United States (1985) cit “Inasmuch as the "new ground” was not asserted for the first time in an action before this court, 28 U.S.C. § 2638 (1982) and Gray Tool Co.”
American Grape Growers Alliance for Fair Trade v. United States (1985) cit “Fortunately, the absurdity of a literal interpretation is easily avoided by referring to the legislative history of this provision which shows it to be simply a restatement of existing law, intended only to carry forward the law formerly contained in 28 U.S.C. § 2638 (b) H.Rep.…”
Dow Chemical Co. v. United States (1986) cit “New grounds may be raised in actions, brought before the Court under 28 U.S.C. § 2638 (1982) which provides: In any 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…”
One World Techs., Inc. v. United States (2019) cit “See 28 U.S.C. § 2638 ("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…”
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