Statute of Limitations
Filing time limit in statute is not jurisdictional, as there is no specific intent evident in the statute to make it one.
No error in CIT declining to issue declaratory relief, as there are other avenues for plaintiff to challenge.
Where a court dismisses claims on discretionary grounds and some similar claims under a statute of limitations that is later held not to be jurisdictional, the court of appeals can presume that the latter claims would similarly have been dismissed on discretionary grounds.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1726.Opinion.2-1-2016.1.PDF
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.