United States · Court of International Trade
When must I file a section 1581(c) complaint after the summons?
USCIT Rule 3(a)(2) requires a complaint within 30 days after summons filing for the specified section 1581(c) action. It covers determinations listed in Tariff Act section 516A(a)(2) or (3). The summons has a separate statutory filing period.
- Period
- 30 calendar days
- Trigger
- Summons-filing date
- Rule
- USCIT Rule 3(a)(2)
Amended August 21, 2026, effective August 21, 2026
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Which event starts this 30-day period?
Identify the determination and confirm the Rule 3(a)(2) route. The rule names section 1581(c) actions contesting determinations listed in Tariff Act section 516A(a)(2) or (3).
Establish when the summons was filed. Rule 5(d)(4) ordinarily uses receipt and has a specific certified-or-registered-mail exception. This calculator does not establish compliance with that exception.
Do not replace summons filing with service, agency publication or a protest date. The separate statutory time to file the summons must be checked independently.
USCIT Rule 3(a)(2)How are the 30 calendar days counted?
- Use filing of the summons in the specified Rule 3(a)(2) action, not service or agency-publication date.
- Exclude the established trigger day.
- Count 30 calendar days.
- If the final day is a Saturday, Sunday or Rule 6(a)(6) legal holiday, continue to the next day that is not. The rule lists national statutory holidays and days declared holidays by the President or Congress. Check additional declarations and actual clerk inaccessibility.
Exclude the established trigger day. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays, under USCIT Rule 6(a)(1).
The 30 days concern the complaint after the summons. They do not establish a new statutory window for starting an action.
USCIT Rule 6(a)(1)What does a worked calculation look like?
Fictitious example
Fictitious summons filed August 24, 2026 in an established Rule 3(a)(2) action. This example assumes the summons itself was timely. Exclude August 24. August 25–31 supplies seven days. September 1–23 supplies 23 more. Day 30 is Wednesday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Summons-filing date | August 24, 2026 |
| Count | 30 calendar days after the trigger | September 23, 2026 |
Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.
Try these dates in the calculatorWhich qualifications and separate procedures should I check?
- Other commencement routes
- Rule 3(a)(1) provides summons-only commencement for section 1581(a) and (b) actions. Rule 3(a)(3) requires concurrent summons and complaint in other actions. Do not apply this later-complaint period to those routes.
- Statutory summons time
- Rule 3(a)(2) supplies the complaint period after summons filing. This review does not determine the applicable statutory summons period, standing or jurisdiction.
- Paper filing
- Rule 5(d)(4) ordinarily completes filing on receipt. Its mailing exception requires certified or registered mail, correct address and postage, and a return-receipt request. The calculator verifies none of those facts.
- This page does not calculate the statutory time to file the summons or determine trade-remedy jurisdiction.
- A computed complaint date does not cure an untimely summons or select the correct commencement route.
What should I check before completing the required act?
Common questions
The procedure and required act
Does every International Trade complaint follow the summons by 30 days?
No. Rule 3(a)(2) names one specified section 1581(c) route. Rule 3(a)(1) and (3) prescribe different commencement documents for other actions. Confirm the jurisdiction and determination.
USCIT Rule 3(a)Does service of the summons start these 30 days?
Rule 3(a)(2) measures the later complaint from summons filing. Service and filing are different events. Establish the actual filing date and separately check service requirements.
USCIT Rule 3(a)(2)Counting and filing
Does this court use every New York state holiday?
USCIT Rule 6(a)(6) lists national statutory holidays and days declared holidays by the President or Congress. It does not import the New York state holiday calendar. Check actual court access and any additional applicable declaration.
USCIT Rule 6(a)(3)–(6)Does electronic filing use my own midnight?
Rule 6(a)(4)(A) uses midnight in the court’s time zone, subject to a different statutory, local-rule or court-ordered time. Check CM/ECF instructions and the actual filing confirmation. A date calculation does not prove filing or service.
USCIT Rule 6(a)(3)–(6)What if the clerk is inaccessible on the last filing day?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends the day-based filing period to the first accessible day that is not a weekend or legal holiday. Check actual notices. The calculator does not infer a closure or CM/ECF outage.
USCIT Rule 6(a)(3)–(6)Does mailed notice add five days to this period?
No. This period starts from filing, discovery closure or entry, rather than service. Rule 6(d)’s five-day addition concerns specified periods after Rule 5(b)(2)(C), (D) or (F) service. It does not extend this trigger-based period.
USCIT Rule 6(d)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| USCIT Rule 3(a)(2) | Procedure-specific period, trigger and required act |
| USCIT Rule 6(a)(1) | Exclude the trigger day and count intermediate calendar days |
| USCIT Rule 6(a)(3)–(6) | Actual inaccessibility, filing cutoff and national holiday definition |
| USCIT Rule 6(b) and (c) | Extension grounds, excluded procedures and extension-motion requirements |
| USCIT Rule 6(d) | Five-day addition for qualifying incoming Rule 5 service |
| USCIT Rule 5(d)(1) | Separate filing within a reasonable time after required service |
| USCIT Rule 5(d)(3) | Represented and unrepresented electronic-filing requirements |
| USCIT Rule 5(d)(4) and (e) | Filing receipt and the conditional certified-or-registered-mail exception |
| USCIT Rule 82(a) | Ordinary clerk opening and scheduled closing hours |