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"Philippine article” a certificate in the appropriate form specified in paragraph (d) of this section, subject to any verification he may deem necessary, or he may satisfy himself of such fact by other reasonable ways and means if, taking into consideration the kind and value of the goods and the circumstances of im. portation, he deems a certificate unnecessary.
(d) (1) When no material which is not the growth, product, or manufacture of the Philippines or of the United States was used at any stage in the production of the imported article, a certificate in the following form may be accepted as evidence that the commodity is a “Philippine article":
The product covered by the
plus, if not included in such unit valu
--, the cost per un of bringing such foreign materials to the Philippines.
(3) If the collector shall be satisfied that the revenue will be protected ade quately thereby, he may accept in lie of the certificate specified in subpars graph (2) of this paragraph a certificat in the following form:
The product covered by the-
(Describe above the invoice, bill of lading,
or other document or statement identify
ing the shipment) annexed or appended to this certificate of Philippine origin at the time it was subscribed is the growth, product, or manufacture of the Philippines. No foreign materials (other than those which are of the growth, product, or manufacture of the United States) were used at any stage in the production of this product, 1. e., either in its immediate production or in the production of any intermediate product used at any stage in the chain of production in the Philippines which resulted in this product.
(2) When any material which is not the growth, product, or manufacture of the Philippines or of the United States was used at any stage in the manufacture of the imported article, a certificate in the following form may be accepted as evidence that the commodity is nevertheless a “Philippine article":
The product covered by the
(Describe above the invoice, bill of lading or other document or statement identify
ing the shipment) annexed or appended to this certificate Philippine origin at the time it was sub scribed is the product of the Philippine There were or may have been used in production in the Philippines foreign ma terials (other than those which are of th growth, product, or manufacture of United States).
It is impracticable to ascertain the esse number of units of foreign material, if any used in its production or the customs valua tion of such material, but to the best (my) (our) (its) knowledge and belief sud foreign materials as were or may have beer used would not exceed 20 per centum of th selling price or invoice value of the produc covered by this certificate.
(4) If more than one kind of artich is covered by a certificate provided fa in subparagraphs (1), (2), or (3) O this paragraph, the required informa tion shall be shown with respect each kind. When more than one kin of material of other than Philippine United States origin is used in the pro duction of an article covered by such certificate, the certificate shall state th number of units, description, and Philip pine customs valuation per unit of ead such kind of material.
(5) A certificate conforming to sub paragraphs (1), (2), or (3) of this par agraph shall be accepted as evident of the facts alleged therein only if a there is annexed thereto a copy the commercial invoice or bill of lad ing covering the articles or other docu mentary matter which identifies the articles to which the certificate pertains (ii) the certificate is signed by the manu facturer or producer of the articles which it pertains, or by the person why exported the articles from the Philip pines, and (ill) it clearly appears that such copy or other documentary matta was annexed to the certificate when was signed. (Secs. 2, 201-205, 214, 60 Stat. 141, 143, 144 146; 22 U.S.C. 1251-1255, 1264, 1360)
(Describe above the invoice, bill of lading,
or other document or statement identify
ing the shipment) annexed or appended to this certificate of Philippine origin at the time it was subscribed Is the product of the Philippines. There were used in its production in the Philippines
(Number of units and description) of foreign materials (other than those which are of the growth, product, or manufacture of the United States), valued by the Philippine customs officers for the purpose of the Philippine customs laws at
Oficial Philippine customs value at the time
of importation into the Philippines, in terms of pounds, yards, or other applicable unit)
PART 17-PROTESTS AND
(b) Each protest shall be in quadrupliREAPPRAISEMENTS
cate, addressed to the collector, and
signed by the person protesting or his PROTESTS
agent or attorney. Each protest shall
show the address of the protestant and 7.1 Protest; form of. 72 Power of attorney to file protest.
the address of his agent or attorney, if 7.3 Collector's review on protest; trans
signed by one of these, the number and mission of protests and samples to date of the entry, the name of the im
the United States Customs Court. porting carrier, the date of importation, Decisions of United States Customs and the date of the liquidation of the
Court; appeals; reliquidation; re- entry, and it shall set forth distinctly and
funds. 7.5 Stipulations.
specifically with respect to each entry,
payment, claim, decision, or refusal the REAPPRAISEMENT AND REVIEW
reasons for the objection, stating the rate 7.6 Notice of advance.
or rates of duty claimed to be applicable 7.7 Appeal for reappraisement; form; and the paragraph or section of the law,
samples; certification of documents. if any, under which relief is claimed. 7.8 Review of reappraisement decision; illa (c) The date of liquidation for the Ing application for.
purpose of computing the time for filing LNTIDUMPING PROTESTS AND APPEALS; AMERI- & protest under section 514, Tariff Act
CAN PRODUCERS' APPEALS AND PROTESTS of 1930, shall be the date of posting or 7.9 Antidumping; protests and appeals;
lodging a notice of the liquidation in procedure.
accordance with $ 16.2 (d) or $ 16.12 (a) 7.11 American producers' appeals and pro- of this chapter, except that, in the case tests; procedure.
of baggage, informal, and mail entries, AUTHORITY: The provisions of this Part 17
the date of liquidation shall be the date ssued under R.S. 161, 251, sec. 624, 46 Stat. the liquidation becomes effective as de59, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.C. termined in accordance with $ 16.12(b) 6, 1624, Gen. Hdnote. 11, Tariff Schedules of of this chapter. he United States, except as otherwise noted.
(d) The date of the decision of the colSOURCE: The provisions of this part 17 ap- lector excluding any merchandise from vear at 28 F.R. 14751, Dec. 31, 1963, unless entry or delivery under any provision of therwise noted.
the customs revenue laws shall be the PROTESTS
date of his written notice to the importer
that entry or delivery will not be allowed. i 17.1 Protest ; form of.
The action of the collector or other cus(a) Protests (except protests by Amer
toms officer in seizing or directing the can manufacturers, producers, and
seizure of merchandise shall not constivholesalers) filed against decisions of ne collector shall be in the form and
tute a notice of exclusion for the purpose led within the time prescribed by sec
of this paragraph. ion 514, Tariff Act of 1930.
(Sec. 514, 46 Stat. 734; 19 U.S.C. 1514) (28
F.R. 14751, Dec. 31, 1963, as amended by T.D. 1 "Except as provided in subdivision (b)
56284, 29 F.R. 14171, Oct. 15, 1964) 1 section 516 of this Act (relating to the protests by American manufacturers, pro- decision, or refusal, be final and conclusive lucers, and wholesalers), all decisions of the upon all persons (including the United States ollector, including the legality of all orders and any officer thereof), unless the importer, mnd findings entering into the same, as to consignee, or agent of the person paying such he rate and amount of duties chargeable, charge or exaction, or filing such claim for ind as to all exactions of whatever character drawback, or seeking such entry or delivery, (within the jurisdiction of the Secretary of shall, within sixty days after, but not before ihe Treasury), and his decisions excluding such liquidation, reliquidation, decision, or any merchandise from entry or delivery, un- refusal, as the case may be, as well in cases der any provision of the customs laws, and of merchandise entered in bond as for conals liquidation or reliquidation of any entry, sumption, file a protest in writing with the x refusal to pay any claim for drawback or collector setting forth distinctly and specifhis refusal to reliquidate any entry for a ically, and in respect to each entry, payment, clerical error discovered within one year claim, decision, or refusal, the reasons for after the date of entry, or within sixty days the objection thereto. The reliquidation of after liquidation or reliquidation when such an entry shall not open such entry so that a liquidation or reliquidation is made more protest may be filed against the decision of than ten months after the date of entry, the collector upon any question not involved shall, upon the expiration of sixty days after in such liquidation." (Tariff Act of 1930. the date of such liquidation, reliquidation. sec. 514, 19 U. S. C. 1514)
§ 17.2 Power of attorney to file protest. of the corporation and, if the collector (a) Except as hereinafter provided
is otherwise satisfied as to the authority in this paragraph, no protest signed by
of such corporate officer or employee to
grant such power of attorney, complian agent or attorney shall be granted or
ance with the requirements of $ 8.19(e)s denied by the collector unless there has been filed or is filed with the protest in
of this chapter may be waived with real
spect to such power. the collector's office a power of attorney on customs Form 5295 or 5295-A or other (Secs. 514, 515, 46 Stat. 784; 19 U.S.C. 1514, form as explicit in its terms as is the
1516) prescribed customs form, authorizing
Collector's review on protest; such agent or attorney to make, sign, and
transmission of protests and samples file the protest. Such powers of attorney
to the United States Customs Courte issued by a partnership shall be limited to a period not to exceed two years from (a) The collector, after reviewing so the date of receipt thereof by the collec- much of his liquidation as is covered by tor. All other powers of attorney may
the protest, may reliquidate the entry inbe granted for an unlimited period. Any volved, assessing the duties believed by power of attorney shall be subject to him at that time to be correct." revocation at any time by written notice (b) Samples shall not be required when given to and received by the collector. the question involved is one of law which When a protest is filed by an agent or does not necessitate an inspection of the attorney not named in a power of attor- merchandise by the court, or when the ney as required by this section, it shall merchandise is heavy, bulky, or othera be numbered and stamped with the date wise of such character as to make the of receipt in order to establish whether retention of samples impracticable it was filed within the period prescribed When no samples have been retained by by section 514, Tariff Act of 1930. All the appraiser, they shall be furnished information customarily furnished to the
to the collector by the protestant in apUnited States Customs Court and the propriate cases and transmitted to the Assistant Attorney General in the case of appraiser for verification. If samples are a valid protest should be supplied in the sent to the court at the importer's reusual manner in connection with the quest, the transportation charges shall merits of the purported protest together with a request to the Assistant Attorney
f"Upon the filling of such protest the col General to move the United States Cus
lector shall within ninety days thereafter rsd toms Court to dismiss the purported pro
view his decision, and may modify the same
in whole or in part and thereafter remit test because of the lack of timely au
or refund any duties, charge, or exactios thority of the agent or attorney to file
found to have been assessed or collected the protest in behalf of the principal. excess, or pay any drawback found due, The purported protest shall not be which notice shall be given as in the case granted or denied by the collector but of the original liquidation, and against which shall be transmitted, together with the protest may be filed within the same time entry and accompanying papers and all
and in the same manner and under the exhibits connected therewith, to the
same conditions as against the original Ilqui
dation or decision. If the collector shall, United States Customs Court, with a
upon such review, affirm his original decision, communication explaining to the court
or if a protest shall be filed against his that the agent or attorney who filed the modification of any decision, and, in the case purported protest was not named in a of merchandise entered for consumption, power of attorney, and that the collector all duties and charges shall be paid, then has not reviewed and modified or affirmed
the collector shall forthwith transmit the the protested decision as required by sec
entry and the accompanying papers, and all
the exhibits connected herewith, to the tion 515, Tariff Act of 1930, for the reason
United States Customs Court for due assignthat it has not been established that the
ment and determination, as provided by law. protest was filed by a person authorized Such determination shall be final and cone by section 514, Tariff Act of 1930.
clusive upon all persons, and the papers (b) A partnership power of attorney transmitted shall be returned, with the de to file protests may be executed by one
cision and judgment order thereon, to the
collector, who shall take action accordingly, member in the name of the partnership, provided the power recites the names of
except in cases in which an appeal shall
be filed in the United States Court of Cusall the members. A corporate power of toms and Patent Appeals within the time attorney to file protests shall be signed and in the manner provided by law." (Tartt by a duly authorized officer or employee Act of 1930, sec. 515; 19 U. S. C. 1515)
paid by him. If samples are needed 1 sustain the Government's case, they iall be sent by mail, if possible, under overnment frank; otherwise under Gov. inment bill of lading. tec. 515, 46 Stat. 734; 19 U. S. C. 1515) 17.4 Decisions of United States Cus.
toms Court; appeals; reliquidation;
refunds. (a) An entry which is the subject
a decision of the United States ustoms Court shall be reliquidated in armony with the judgment order tereon at the expiration of 60 days from je date of the decision, or 90 days in le case of entries covering merchandise aported into Alaska or the insular posissions of the United States, unless an ppeal or motion for a rehearing is led, except that entries the subject of ecisions of the court, which follow a ecision of the Court of Customs and atent Appeals involving the same issue. ay ordinarily be reliquidated immeditely upon receipt of the judgment orders om the United States Customs Court. (b) An entry covering merchandise the ibject of a decision of the Court of
Customs and Patent Appeals shall be reliquidated only upon receipt of the judgment order from the United States Customs Court, but no such entry shall be liquidated pursuant to such order if an appeal is taken to the Supreme Court.:
(c) Refund of duties on reliquidation by reason of any ruling or decision of the Bureau, the United States Customs Court, or the United States Court of Customs and Patent Appeals shall be made in accordance with $ 24.36 of this chapter. (Sec. 515, 46 Stat. 734; 19 U. S. C. 1516) $ 17.5 Stipulations.
(a) Each stipulation, whether following a decision of the Customs Court or the Court of Customs and Patent Appeals or embracing an agreed statement of facts, which is to be certified by a customs employee, shall be presented in triplicate to the office of the Assistant Attorney General, Civil Division, Customs section, 201 Varick Street, New York 14, N.Y., from which it will be forwarded for certification to the appraiser or collector for the district in which the related protest or appeal for reappraisement was filed. The said Customs Section will forward with the stipulation the pertinent entry papers and other documents.
(b) Each item or class of merchandise mentioned in the body of the stipulation shall be identified by a separate capital letter and by the initials of the certifying officer, but in no case shall the letter or symbol “X” be used for such identification purposes. The stipulation shall indicate that the merchandise is so marked on the invoice by a statement in substantially the following form:
It is hereby stipulated and agreed by and between counsel for the plaintiff and the Assistant Attorney General, attorney for the
• Any party to a proceeding before the ustoms Court who is dissatisfied with the ecision of such court as to the construction I the law and the facts respecting the classication of imported merchandise and the ate of duty imposed thereon under such lassification, or with any other appealable ecision of such court, may, not later than ixty days after the entry of the decision, pply to the Court of Customs and Patent ppeals for a review of all questions of law nd fact. In cases arising in the Territories nd Possessions ninety days shall be allowed or making such application.
"The application shall be made by filling in he office of the clerk of the Court of Cusoms and Patent Appeals a concise statement 1 errors of law and fact complained of; and copy of such statement shall be served on he collector, or on the importer, owner, conignee, or agent, as the case may be. Thereipon the Court of Customs and Patent Apeals shall immediately order the Customs ourt to transmit the record and evidence aken, together with a certified statement of be facts involved in the case and the deciion thereon; and all the evidence taken by und before the Customs Court shall be comvetent evidence before the Court of Customs ind Patent Appeals. The decision of the Court of Customs and Patent Appeals shall he final unless set aside or modified by the Supreme Court, and the case shall be renanded to the Customs Court for further proceedings to be taken in pursuance of such decision." (28 U. 8. C. 2601)
• "The Court of Customs and Patent Appeals shall have jurisdiction to review by appeal final decision of the Customs Court in all cases as to the construction of the law and the facts respecting the classification of merchandise, the rate of duty imposed thereon under such classification, and the fees and charges connected therewith, and all appealable questions as to the jurisdiction of the Customs Court and as to the laws and regulations governing the collection of the customs revenues." (28 0. S. C. 1541)
"Cases in the Court of Customs and Patent Appeals may be reviewed by the Supreme Court by writ of certiorari." (28 U. 8. o. 1256)
United States, that the merchandise......
---, covered by the protests (Give description) enumerated in Schedule A, attached, and represented by the items marked "A," "B." "C," etc., on the invoice(8), and checked by
(The examiner will here insert his initials and his full name thereafter)
assessed with duty at the rate of
under paragraph Tarii Act of..
(e) No stipulation which does not a form to the requirements of these re lations, or with respect to which ther doubt, shall be certified unless it is proved by an authorized representat of the Assistant Attorney General's of
REAPPRAISEMENT AND REVIEW § 17.6 Notice of advance.
The collector at the headquarters pii or the deputy collector in charge at ! other port, shall promptly give notice appraisement on customs Form 4 when such notice is required by sect
is the same in all material respects as the merchandise passed upon in the case of .--
spects to the merchandise covered by the case, and I do so certify.
(Signature of certifying oficer.)
(Signature of reviewing officer.)
(Insert title and Abstract, T. D., C. D., or
C. A. D. number) and therein held dutiable at the rate of....
under paragraph.----------, Tariff Act of The conclusion of the stipulation shall contain a declaration that the protests are limited to the items of merchandise indicated by the examiner by means of a symbol letter and his initials, and abandoned as to any other merchandise mentioned in the protest. There shall also be a waiver of future amendment to the protests and a statement that "the protests are deemed submitted on this stipulation."
(c) At the end of each stipulation there shall be added a certificate in one of the following forms: 6
(d) If any protest number or entry number is to be deleted from a schedule of protest numbers or entry numbers attached to or embodied in a stipulation, a line shall be drawn through the number and the change shall be initialed by the attorney for the importer and the customs oficers making and approving the certificate.
5 Form 1 shall be used when the examiner who examined the merchandise is still in the Service and shall be executed by such oficer. Form 2 shall be used when the examiner who examined the merchandise is no longer in the Service or is incapacitated. It shall be executed by the examiner to whom the examination of merchandise of the kind covered by the stipulation has been assigned officially.
(FORM 1) I have read the foregoing stipulation and am familiar with the merchandise covered by the decisions therein. I have personally passed the items covered by the foregoing stipulation and have seen samples of said items.
It is my opinion that the items covered by the stipulation are similar in all material re