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SEC. 202. (a) Subparagraph (b) of section 293 of title
2 28, United States Code, is amended by striking out all that 3 appears after the word “duties”, and inserting in lieu thereof 4 the following: “in any circuit, either in a court of appeals or 5 district court, upon presentation of a certificate of necessity by 6 the chief judge or circuit justice of the circuit wherein the
7 need arises.".
(b) Subparagraph (d)
of section 293 of title 28,
9 United States Code, is amended so as to read as follows:
“ (d) The chief judge of the Customs Court may, upon
11 presentation to him by the chief judge of the Court of Cus
12 toms and Patent Appeals or the chief judge of the Court
13 of Claims of a certificate of necessity, designate and assign
14 temporarily any judge of the Customs Court to serve as a
15 judge of the Court of Customs and Patent Appeals or the
16 Court of Claims.”.
TITLE III-JURISDICTION OF THE
SEC. 301. Sections 1581 and 1582 of title 28, United
20 States Code, are repealed.
21 SEC. 302. Chapter 95 of title 28, United States Code, 22 is amended by inserting the following new provisions:
“1581. Questions involving imports.
"1585. Exclusion of goods from entry or delivery.
of customs duties.
“The Customs Court shall possess exclusive jurisdiction,
2 except as otherwise provided by law, over all civil actions
3 “8 1581. Questions involving imports 4
“The Customs Court shall possess exclusive jurisdiction, 5 except as otherwise provided by law, over all civil actions 6 against the United States or against any officer or agency 7 thereof directly affecting imports which arise under the 8 Constitution, laws, treaties of the United States or an Execu
9 tive agreement executed by the President of the United
10 States or under an Executive order of the President.
“This section does not confer jurisdiction upon the Cus
12 toms Court to entertain a civil action in which jurisdiction is 13 precluded by the terms of a provision of this chapter or of 14 any other law which specifically confers jurisdiction only 15 over certain types of civil actions belonging to the same
16 category. 17 “Nothing in this section shall be construed to create a 18 cause of action, or to permit the maintenance of a suit not
19 otherwise authorized by law.
"Nothing in this section shall affect limitations on judi
2 cial review or the power or duty of the court to dismiss any
3 action or to deny relief on any other appropriate legal or 4 equitable grounds.
5“ 1582. Powers generally
"The Customs Court shall possess all the powers in law
7 and equity of, or as conferred by statute upon, a district court
8 of the United States. The court, and cach judge thereof,
9 shall possess all the powers of a district court for preserving 10 order, compelling the attendance of witnesses, and the pro
11 duction of evidence.
“This section shall not be construed as conferring upon
13 the Customs Court the power to convene a jury.
“(a) The Customs Court shall possess exclusive juris16 diction, except as otherwise provided by law, to review final 17
agency action of any agency of the United States which 18 directly affects imports into the United States.
"For purposes of this section, the terms “agency”, 20 "agency action", and "final agency action” are utilized in 21 the same manner as those terms are utilized in sections 551 22 and 704 of title 5, United States Code.
“Nothing in this section shall be construed to create a 24 cause of action, or to permit the maintenance of a suit not 25 otherwise permitted by law.
“Nothing in this section shall affect limitations on judi2 cial review or the power or duty of the court to dismiss
any 3 action or to deny relief on any other appropriate legal or 4 equitable grounds. 5
“(b) The Customs Court shall possess exclusive juris6 diction over any civil action involving a final decision of the 7 International Trade Commission under sections 201 of the 8 Antidumping Act and 303 of the Tariff Act of 1930, as
"(c) The Customs Court shall possess exclusive juris11 diction to review advice, findings, recommendations, or deter
12 minations of the International Trade Commission
pursuant 13 to sections 131, 201, 203, 301, 406, and 503 of the Trade
14 Act of 1974, and 22 of the Agricultural Adjustment Act, 15 as amended, after the decision of the President has become
17 “ (d) After the decision of the President has become 18 final, the Custoins Court shall possess exclusive jurisdiction 19 to review actions of the Office of the Special Trade Repre20 sentative pursuant to section 301 of the Trade Act of 1974 21 solely for the purposes of determining the procedural regu22 larity of those actions. 23 “(c) The Customs Court shall not possess jurisdiction
24 of —
“(i) any civil or criminal action arising under the
' (ii) any civil or criminal action arising under
any action relating solely to labormanagement relations, actions affecting personnel, or actions alleged to be in violation of any statute forbidding discrimination in employment;
“(1) arising solely under the Freedom of Information Act or the Privacy Act;
“(v) any action arising under section 305 of the
Tariff Act of 1930, as amended, or section 232 of the
13 Trade Expansion Act of 1962, as amended; or 14
“ (vi) any action involving a function vested by 15 law in the Department of Energy, including but not 16 limited to the Emergency Petroleum Allocation Act. 17 ‘(f) Neither the Customs Court nor any other court 18 shall possess jurisdiction to review, 19
“(i) a discretionary decision of the President or 20 his delegate pursuant to the authority granted to him 21 by any law relating to international trade;
“(ii) any ruling or internal advice relating to 23 classification, valuation, rate of duty, marking, restricted 24
merchandise, entry requirements, drawback, vessel re25 pairs, and the like issued by the Secretary of the