28 USC § 2638 - New grounds in support of a civil action

---
identifier: "/us/usc/t28/s2638"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2638 - New grounds in support of a civil action"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2638"
section_name: "New grounds in support of a civil action"
chapter_number: 169
chapter_name: "COURT OF INTERNATIONAL TRADE PROCEDURE"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1736.)"
---


# § 2638. New grounds in support of a civil action

In any civil action under section 515 of the Tariff Act of 1930 in which the denial, in whole or in part, of a protest is a precondition to the commencement of a civil action in the Court of International Trade, the court, by rule, may consider any new ground in support of the civil action if such new ground—

**(1)** applies to the same merchandise that was the subject of the protest; and

**(2)** is related to the same administrative decision listed in section 514 of the Tariff Act of 1930 that was contested in the protest.

---

**Source Credit**: (Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1736.)

## Editorial Notes

### References in Text

Section 515 of the Tariff Act of 1930, referred to in text, is classified to , Customs Duties.

Section 514 of the Tariff Act of 1930, referred to in par. (2), is classified to .

### Prior Provisions

A prior section 2638, acts , ; , , , related to decisions, findings of fact and conclusions of law, and effect of opinions, prior to the general revision of this chapter by . See section 2645 (a) and (c) of this title.