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

28 U.S.C. § 2641

Witnesses; inspection of documents

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(a) Except as otherwise provided by law, in any civil action in the Court of International Trade, each party and its counsel shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party, and to inspect all samples and papers admitted or offered as evidence, as prescribed by the rules of the court. Except as provided in section 2639 of this title, subsection (b) of this section, or the rules of the court, the Federal Rules of Evidence shall apply to all civil actions in the Court of International Trade.(b) The Court of International Trade may order that trade secrets and commercial or financial information which is privileged and confidential, or any information provided to the United States by any foreign government or foreign person, may be disclosed to a party, its counsel, or any other person under such terms and conditions as the court may order.(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1737.)Editorial NotesReferences in Text

The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to this title.

Prior Provisions

A prior section 2641, act June 25, 1948, ch. 646, 62 Stat. 982, authorized the Customs Court to assess a penalty of not less than $5 nor more than $250 against any person filing a frivolous protest or appeal, prior to repeal by Pub. L. 91–271, title I, § 121, June 2, 1970, 84 Stat. 281.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1970–2024 · leading case: An Giang Fisheries Imp. & Exp. Jt. Stock Co. v. United States, 284 F. Supp. 3d 1350 (Ct. Intl. Trade 2018).
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An Giang Fisheries Imp. & Exp. Jt. Stock Co. v. United States, 284 F. Supp. 3d 1350 (Ct. Intl. Trade 2018). · cites it 2× “In An Giang , the court took judicial notice of Commerce's determination in the ninth administrative review, as allowed pursuant to section 2641 of the Customs Court Act of 1980, as amended 28 U.S.C. § 2641 (a), and Rule 201 of the Federal Rules of Evidence.”
United States v. Samuel Davis, 706 F.3d 1081 (9th Cir. 2013). · cites it 2× “§ 981 , 28 U.S.C. § 2641 , and 18 U.S.C. § 982 . The district court initially denied the in personam amount, but did order forfeiture of $2,597.”
Jacobi Carbons AB v. United States, 2018 CIT 46 (Ct. Intl. Trade 2018). “201(b) ; see also 28 U.S.C. § 2641 (stating that the Federal Rules of Evidence apply to all civil actions, with certain exceptions not relevant here, in the U.”
Harmoni Int'l Spice, Inc. v. United States, 211 F. Supp. 3d 1298 (Ct. Intl. Trade 2017). “Knechtel, were competent to opine on Plaintiff's creditworthiness before this court, something the court would not necessarily concede, see 28 U.S.C. § 2641 (a) (2012) (providing that the Federal Rules of Evidence shall apply to all civil actions before the court); Fed.”
Allstar Mktg. Grp., LLC v. United States, 2017 CIT 15 (Ct. Intl. Trade 2017). “201(b); see also 28 U.S.C. § 2641 (a)(2012) ("the Federal Rules of Evidence shall apply to all civil actions in the Court of International Trade”).”
Tri Union Frozen Prods., Inc. v. United States, 2016 CIT 20 (Ct. Intl. Trade 2016). · cites it 2× “02[1], Pursuant to 28 U.S.C. § 2641 (a), “the Federal Rules of Evidence shall apply to all civil actions in the Court of International Trade.”
Star-Kist Foods, Inc. v. United States, 600 F. Supp. 212 (Ct. Intl. Trade 1984). · cites it 2× “28 U.S.C. § 2641 (b) provides: (b) The Court of International Trade may order that trade secrets and commercial or financial information which is privileged and confidential, or any information provided to the United States by any foreign government or foreign person, may be…”
Aey, Inc. v. United States, 114 Fed. Cl. 619 (Fed. Cl. 2014). “[,] is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. § 2641 note; Public Law 10[1]—410), plus 3 times the amount of damages…”
Perfectus Aluminum, Inc. v. United States, 2019 CIT 79 (Ct. Intl. Trade 2019). “"); see also 28 U.S.C. § 2641 (stating that the Federal Rules of Evidence apply to all civil actions, with certain exceptions not relevant here, in the U.”
United States v. Daewoo Int'l (Am.) Corp., 13 Ct. Int'l Trade 331 (Ct. Intl. Trade 1989). · cites it 3× “*333 In this context, plaintiff contends 28 U.S.C. §§ 2641 (a) and 2643(b)(1982) 2 empower this Court to provide the relief for which it petitions.”
Blink Design, Inc. v. United States, 2014 CIT 56 (Ct. Intl. Trade 2014). “'s Opp’n 18-20 (citing 28 U.S.C. § 2641 (stating that Federal Rules of Evidence apply to civil actions before court); Fed.”
Neo Solar Power Corp. v. United States, 2016 CIT 111 (Ct. Intl. Trade 2016). “See 28 U.S.C. § 2641 (a) ("[T]he Federal Rules of Evidence shall apply to all civil actions in the Court of International Trade.”
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