2008 year in review of decisions issued by the U.S. Court of International Trade: clarifying the scope of (section) 1581(i)

Section 1581 (i) of Title 28 provides the US Court of International Trade ("CIT" or "the Court") with residual jurisdiction over certain cases involving imported merchandise, tariffs, duties, taxes, quotas, embargoes, and the administration of the customs and unfair trade laws. Since its enactment in 1980, litigants have regularly invoked § 1581 (i) as the basis for jurisdiction over claims ranging from clerical errors in liquidation notices to constitutional claims challenging tariff rates that distinguish between men's and women's apparel. Every year, the CIT is asked to interpret the scope of § 1581(1) and its interplay with the other subsections of § 1581. Section 1581 (i) provides "residual" jurisdiction when "jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate." Most frequently, § 1581 (i) cases involve determinations by the US Department of Commerce or US Customs and Border Protection.