19 U.S.C. § 2395 — Judicial review
submitted 46 years ago by Pub. L. 93-618 to r/title-19-CUSTOMS-DUTIES · 437 words · no verdicts yet
Specified workers, firms, agricultural producers, communities, and interested domestic parties may challenge certain final adjustment-assistance determinations in the Court of International Trade within 60 days. The section sets the evidentiary and appellate rules.
(a) Within 60 days after notice of a final determination, an aggrieved worker, worker group, certified or recognized union, authorized representative, firm, representative, interested domestic party, agricultural producer, community, or other interested domestic party of the kinds listed may bring a civil action in the United States Court of International Trade. The action reviews the specified Labor, Commerce, or Agriculture determination. The clerk must send the summons and complaint to the responsible Secretary, who must promptly certify and file the record supporting the decision.
(b) A Secretary’s factual findings are conclusive if supported by substantial evidence. For good cause, the court may send the case back for more evidence. The Secretary may then make new or changed findings and change the earlier action, and must file the further record. The new findings are also conclusive if substantially supported.
(c) The Court of International Trade may affirm or partly or wholly set aside the Secretary’s action. Its judgment may be reviewed by the Federal Circuit under that court’s rules. The Federal Circuit judgment may be reviewed by the Supreme Court on certiorari under section 1256 of title 28.
A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 2273 of this title, a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2341 of this title, an agricultural commodity producer (as defined in section 2401(2) of this title) aggrieved by a determination of the Secretary of Agriculture under section 2401b of this title, or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 1 of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.
The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 of title 28.
Source credit: (Pub. L. 93–618, title II, § 284, as added Pub. L. 96–417, title VI, § 613(a), Oct. 10, 1980, 94 Stat. 1746; amended Pub. L. 97–164, title I, § 163(a)(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 103–182, title V, § 503(d), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, §§ 123(b)(4), 142(a), Aug. 6, 2002, 116 Stat. 944, 953; Pub. L. 108–429, title II, § 2004(a)(11)(A), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1873(b)(1), Feb. 17, 2009, 123 Stat. 414; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
- 1980Enacted · Pub. L. 93-618 · 94 Stat. 1746
- 1982Amended · Pub. L. 97-164 · 96 Stat. 49
- 1993Amended · Pub. L. 103-182 · 107 Stat. 2151
- 2002Amended · Pub. L. 107-210 · 116 Stat. 944, 953
- 2004Amended · Pub. L. 108-429 · 118 Stat. 2590
- 2009Amended · Pub. L. 111-5 · 123 Stat. 414
- 2011Amended · Pub. L. 112-40 · 125 Stat. 403
- 2015Amended · Pub. L. 114-27 · 129 Stat. 374
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-618 on 1980-10-10.
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