Pub. L. 100-449, tit. IV, sec. 402
AMENDMENTS TO TITLE 28, UNITED STATES CODE.
SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE. (a) Jurisdiction of Court of International Trade.—Section 1581(i) of title 28, United States Code, is amended by adding at the end thereof the following flush sentence: “This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the United States-Canada 102 STAT. 1884Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.”. (b) Relief in Court of International Trade.— Section 2643(c) of title 28, United States Code, is amended— (1) by striking out “and (4)” in paragraph (1) and inserting in lieu thereof “(4), and (5)”; and (2) by adding at the end thereof the following new paragraph: “(5) In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority, the Court of International Trade may not order declaratory relief.”. (c) Declaratory Judgments.—Subsection (a) of section 2201 of title 28, United States Code, is amended— (1) by striking out “1954 or” and inserting in lieu thereof “1986,”; and (2) by inserting “or in any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority,” after “of title 11,”. (d) Actions Under the Agreement.— (1) Chapter 95 of title 28, United States Code, is amended by inserting after section 1583 the following new section: “§ 1584. Civil actions under the United States-Canada Free-Trade Agreement “The United States Court of International Trade shall have exclusive jurisdiction of any civil action which arises under section 777(d) of the Tariff Act of 1930 and is commenced by the United States to enforce administrative sanctions levied for violation of a protective order or an undertaking.”. (2) The table of contents for chapter 95 of title 28, United States Code, is amended by inserting after the item relating to section 1583 the following new item: “1584. Civil actions under the United States-Canada Free-Trade Agreement”.