When must the United States answer a CIT complaint?

Rule 12(a)(1)(A) names the Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice. Establish effective service of the complaint on that recipient.

Rule 4(h) specifies service of the summons and complaint on the United States. Additional service applies to an agency, corporation, officer or employee. The calculator does not decide whether service was valid or complete.

Do not substitute complaint filing, service of a summons alone or notice to a different office. Check Rule 12(a)(2) motion effects and any order before using the ordinary 60 days.

1. Establish service of the complaint on the specified DOJ Attorney-in-Charge, not complaint filing or service on another recipient.
2. Exclude the established trigger day.
3. Count 60 calendar days.
4. 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).

This is the ordinary complaint-answer service period. Rule 5(d)(1)(A) separately requires filing within a reasonable time after service. The calculator does not supply a fixed additional filing allowance.

Fictitious example

Fictitious effective complaint service on the specified Attorney-in-Charge on August 24, 2026. The ordinary 60-day rule applies and no Rule 12 motion or different order changes it. August 25–31 supplies seven days. September supplies 30 and October 1–23 supplies 23. Day 60 is Friday.

Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.

No answer in section 1581(c)

Rule 12(a)(1)(A)(i) states that no answer must be served or filed in a section 1581(c) action. Do not use this 60-day answer calculation for that action.

Confidential-information action

Rule 12(a)(1)(A)(ii) specifies a separate 14-day answer period for the described section 1581(f) action. Its summons-and-complaint service trigger has its own page.

Rule 12 motion

Unless the court sets another time, Rule 12(a)(2) changes the response period to 14 days after notice of denial or postponement until trial, or after service of a more definite statement when that motion is granted. This 60-day calculator does not infer either event.

Different order

Rule 12(a)(1)(A)(ii) allows a different period for good cause. Check the actual order rather than assuming the ordinary period remains in force.

Different pleading

An answer to a crossclaim or reply to a counterclaim requires its own pleading and service analysis. This page does not compute a Rule 6(d) addition for those papers.

• This page does not determine valid service, statutory jurisdiction or a changed response date after a Rule 12 motion.
• A date for serving an answer does not establish the separate filing time or compliance with additional service requirements.

• Identify the United States complaint-answer act and jurisdiction.
• Confirm effective service on the specifically named Attorney-in-Charge.
• Exclude section 1581(c) and use the separate section 1581(f) page when applicable.
• Read Rule 12 motions and court orders changing the period.
• Serve the answer timely and separately file it under Rule 5 and actual orders.
• Rule 5(d)(3) generally requires represented persons to file electronically unless the court permits paper filing for good cause. An unrepresented person’s electronic filing requires an order.
• USCIT Rule 6(a)(4) ends electronic filing at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Other means use scheduled clerk closing. Rule 82(a) ordinarily specifies 8:30 a.m. to 5:00 p.m. clerk hours. Filing and effective service remain separate checks.
• Preserve effective service and filing evidence. Rule 5(d)(4) ordinarily uses receipt, with a specific properly addressed certified-or-registered-mail exception. Ordinary mailing alone does not satisfy that exception.