§ 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.