§2395. Judicial review
(a) Petition for review; time and place of filing
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 or 2401e of this title, or a community or authorized representative of a community aggrieved by a final determination of the Secretary of Commerce under section 2371b 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.
(b) Findings of fact by Secretary; conclusiveness; new or modified findings
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.
(c) Determination; review by Supreme Court
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.
(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
.)
Amendment of Section
For termination of amendment by section 1893 of Pub. L. 111–5, see Effective and Termination Dates of 2009 Amendment note below.
References in Text
Section 1256 of title 28, referred to in subsec. (c), was repealed by
Pub. L. 97–164, title I, §123, Apr. 2, 1982, 96 Stat. 36
.
Amendments
2009-Subsec. (a). Pub. L. 111–5, §§1873(b)(1)(C), 1893, temporarily substituted "section 2371b" for "section 2371". See Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5, §§1873(b)(1)(B), 1893, which directed the temporary substitution of "or authorized representative of a community" for "or any other interested domestic party", was executed by making the temporary substitution for "or any other interested domestic party" the second time appearing to reflect the probable intent of Congress. See Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5, §§1873(b)(1)(A), 1893, temporarily inserted "or 2401e" after "section 2401b". See Effective and Termination Dates of 2009 Amendment note below.
2004-Pub. L. 108–429, §2004(a)(11)(A), amended directory language of Pub. L. 107–210, §142(a)(1). See 2002 Amendment notes below.
2002-Subsec. (a). Pub. L. 107–210, §142(a)(1), as amended by Pub. L. 108–429, §2004(a)(11)(A), inserted "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," after "section 2341 of this title," in first sentence and substituted ", the Secretary of Commerce, or the Secretary of Agriculture" for "or the Secretary of Commerce" in second sentence.
Pub. L. 107–210, §123(b)(4), struck out "or section 2331(c) of this title" after "section 2273 of this title".
Subsecs. (b), (c). Pub. L. 107–210, §142(a)(1)(B), as amended by Pub. L. 108–429, §2004(a)(11)(A)(i), substituted ", the Secretary of Commerce, or the Secretary of Agriculture" for "or the Secretary of Commerce".
1993-Subsec. (a). Pub. L. 103–182 inserted reference to section 2331(c) of this title.
1982-Subsec. (c). Pub. L. 97–164 substituted "Court of Appeals for the Federal Circuit" for "Court of Customs and Patent Appeals".
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.
Except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, see section 1893 of Pub. L. 111–5, set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title.
Effective Date of 2002 Amendment
Amendment by section 123(b)(4) of Pub. L. 107–210 applicable with respect to petitions filed under this part on or after the date that is 90 days after Aug. 6, 2002, except with respect to certain workers, see section 123(c) of Pub. L. 107–210, set out as an Effective Date of Repeal note under section 2331 of this title.
Amendment by section 142(a) of Pub. L. 107–210 effective on the date that is 180 days after Aug. 6, 2002, see section 141(b) of Pub. L. 107–210, set out as an Effective Date note under section 2401 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103–182, set out as a note under section 2271 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date
Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96–417 set out as an Effective Date of 1980 Amendment note under section 251 of Title 28, Judiciary and Judicial Procedure.