Page:United States Statutes at Large Volume 94 Part 2.djvu/451

 PUBLIC LAW 96-417—OCT. 10, 1980

94 STAT. 1729

"(2) any order of the Secretary of the Treasury to revoke or suspend a customhouse broker's license under section 641G>) of the Tariff Act of 1930. 19 USC I64i. "(h) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation. "(i) In addition to the jurisdiction conferred upon the Court of International Trade by subsections (aMh) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for— "(1) revenue from imports or tonnage; "(2) tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue; "(3) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or "(4) administration and enforcement with respect to the matters referred to in paragraphs (IMS) of this subsection and subsections (a)-(h) of this section, "(j) The C!ourt of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930. 19 USC 1305. "§ 1582. Civil actions commenced by the United States 28 USC 1582. "The C!ourt of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States— "(1) to recover a civil pensdty under section 592, 704(i)(2), or 734(i)(2) of the Tariff Act of 1930; 19 USC 1592, "(2) to recover upon a bond relating to the importation of I67ic, I673c. merchandise required by the laws of the United States or by the Secretary of the Treasury; or "(3) to recover customs duties. 28 USC 1583. "In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, cross-claim, or third-party action of any party, if (1) such claim or action involves the imported merchandise that is the subject matter of such civil action, or (2) such claim or action is to recover upon a bond or customs duties relating to such merchandise. "§ 1584. Cure of defects 28 USC 1584. "(a) If a civil action within the exclusive jurisdiction of the Court of International Trade is commenced in a district court of the United States, the district court shall, in the interest of justice, transfer such civil action to the C!ourt of International Trade, where such action shall proceed as if it had been commenced in the C!ourt of International Trade in the first instance.
 * § 1583. Counterclaims, cross-claims, and third-party actions

�