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1, Tariff Act of 1930, as amended. The lector shall transmit the invoices and otice shall be prepared in duplicate and all papers pertaining to reappraisement ne retained copy, with the date of mail- (except advance reports, customs Form EB or delivery noted thereon, shall be 6445, and documentary evidence atcurely attached to the invoice.
tached thereto) with customs Form 3085 sec. 501, 46 Stat. 730, as amended; 19 U. 8. C. to the United States Customs Court, 201 01)
Varick Street, New York, N. Y.: 17.7 Appeal for reappraisement;
(d) When samples are sent to the court form; samples; certification of docu
at the importer's request, the transpor
tation charges shall be paid by him. ments.
(e) The director of the Customs In(a) When the collector appeals for formation Exchange, New York, N. Y.. appraisement he shall use customs
the person authorized to act in that carm 4305 and at once forward a copy pacity during the absence or disability the appeal to the consignee or his
of the director, and any other oficial yent or attorney. Such appeal shall
designated by the Commissioner of Cusiecify the particular items in the in
toms, shall certify copies of official docunice affected if it does not apply to all.
ments for the purpose set forth in section (b) The appeal of a consignee or his 2633, 28 U. 8. Code. Sa gent shall be filed with the collector in
(Sec. 1, 62 Stat. 980; 28 U.S.C. 2633) iplicate.' Customs Form 4305 may be ied for this purpose. The post office $ 17.8 Review of reappraisement deci. Idress of the consignee or his agent shall sion; filing application for. : set forth in each appeal.
Any application by or on behalf of (c) When an appeal for reappraise
the consignee for a review of a reapent by the collector or by the consignee
praisement decision shall be filed with his agent has been completed, the col
collector in duplicate. Customs Form
4307 may be used for this purpose. ""The collector shall give written notice of pralsement to the consignee, his agent, or
(Sec. 1, 62 Stat. 981; 28 U.S.C. 2636) 3 attorney, 11 (1) the appraised value is gher than the entered value, or (2) a
Every such appeal shall be lange in the classification of the merchan- transmitted with the entry and the accomse results from the appraiser's determing- panying papers by the collector to the United on of value, or (8) in any case, if the con- States Customs Court
(Tarin gnee, his agent, or his attorney requests Act of 1930, sec. 501 (a), as amended; 19 ich notice in writing before appraisement,
U. S. C. 1501 (a)) tting forth a substantial reason for re- 8a "In finding the value of merchandise, in lesting the notice.
(Tariff Act of reappraisement proceedings before a single 30, sec. 501, as amended; 19 U. S. C. 1501) judge of the Customs Court, aidavits and 1"*•. The decision of the appraiser, In- depositions of persons whose attendance uding all determinations entering into the cannot reasonably be had, price lists and me shall be final and conclusive upon all catalogues, reports or depositions of consuls, rties unless a written appeal for a reap- customs agents, collectors, appraisers, assistatsement is fled with or mailed to the ant appraisers, examiners, and other amcers aited States Customs Court by the collector of the Government may be admitted in evi. ithin sixty days after the date of the ap- dence. Copies of oficial documents, when atser's report, or filed by the consignee or certified by an official duly authorized by tho 3 agent with the collector within thirty Secretary of the Treasury, may be admitted is after the date of personal delivery, or 1 in evidence with the same force and effect alled the date of mailing of written notice as original documents.
28 U.S. C. appraisement to the consignee, his agent, 2633 his attorney. .. (Tariff Act of 1930, 9 "The Customs Court shall have exclusivo c. 501, as amended; 19 U. S. C. 1501)
jurisdiction of appeals for reappraisement A decision of the appraiser that and application for review of reappraiseTeign value, export value, or United States ment of imported merchandise Alue can not be satisfactorily ascertained (28 U.S.C. 1582) hall be subject to review in reappraisement "In finding the value of merchandise, in roceedings under section 501; but in any reappraisement proceeding before a single ich proceeding, an affidavit executed outside judge of the Customs Court, affidavits and I the United States shall not be admitted in depositions of persons whose attendance can. fidence if executed by any person who fails not reasonably be had, price lists and cata. permit a Treasury attaché to inspect his logues, reports or depositions of consuls, cusDoks, papers, records, accounts, documents, toms agents, collectors, appraisers, assistant + correspondence, pertaining to the value or appraisers, examiners, and other officers of assification of such merchandise." (Tariff the Government may be admitted in evict of 1930, sec. 402 (b); 19 U.S. C. 1402 (b)) dence. Copies of official documents, when
ANTIDUMPING PROTESTS AND APPEALS; (b) Notice of appraiser's reports which
AMERICAN PRODUCERS' APPEALS AND require the assessment of dumping dutie PROTESTS
shall be sent by the collector to the im § 17.9 Antidumping; protests and ap
porter, consignee, or agent. (See $ 17.6. peals; procedure.
(Sec. 210, 42 Stat. 15, as amended; 19 U. S.
169) (a) Appeals for reappraisement, applications for reviews of reappraise- 8 17.11 American producers' appeal ments, and protests relating to the Anti
and protests; procedure. dumping Act, 1921, shall be made in the (a) All complaints under section 516 same manner as appeals, applications for Tariff Act of 1930, as amended," and re review, and protests relating to ordinary customs duties.10
13 "(a) Value. Whenever an America
manufacturer, producer, or wholesaler De certified by an oficial duly authorized hy the
lieves that the appraised value of any in
ported merchandise of a class or kind mana Secretary of the Treasury, may be admitted
factured, produced, or sold at wholesale in evidence with the same force and effect
him is too low, he may file with the Secretar as original documents.
of the Treasury a complaint setting forth th “The value found by the appraiser shall be
value at which he believes the merchandis presumed to be the value of the merchandise.
should be appraised and the facts upon whid The burden shall rest upon the party who
he bases his belief. The Secretary shall there challenges its correctness to prove other
upon transmit a copy of such complaint wise." (28 U.S.C. 2633)
the appraiser at each port of entry where “The judge assigned to hear an appeal for
merchandise is usually imported. Und reappraisement of merchandise shall render
otherwise directed by the Secretary, the az his decision in writing, together with a state
praiser shall report each subsequent importa ment of the reasons therefor and of the facts
tion of the merchandise giving the entry on which his decision is based." (28 U.S.C.
number, the name of the importer, the ap 2635)
praised value, and his reasons for the ap "(a) The decision of a single judge in a
praisement. If the Secretary does not agts reappraisement proceeding shall be final and
with the action of the appraiser, he shall in conclusive upon all parties unless within 30
struct the collector to file an appeal for days from the date it is filed with the col
reappraisement as provided in section 501 lector of customs an application for its review
this Act, and such manufacturer, produce is filed with or mailed to the Customs Court
or wholesaler shall have the right to appea by the collector or other person authorized
and to be heard as a party in interest unde by the Secretary of the Treasury, and a copy
such rules as the United States Custom of such application mailed to the consignee,
Court may prescribe. The Secretary shai or his agent or attorney, or Aled by the con
notify such manufacturer, producer, signee, or his agent or attorney, with the
wholesaler of the action taken by such ag collector, by whom the same shall be for
praiser, giving the port of entry, the entry warded forthwith to such court." (28 U.S.C.
number, and the appraised value of sud 2636(a))
merchandise and the action he has taka "The decision of a division of the Customs thereon. If the appraiser advances the en Court, in any matter within its jurisdiction tered value of merchandise upon the infan shall be the decisions of such court, and shall mation furnished by the American manu be final and conclusive upon all parties, un- facturer, producer, or wholesaler, and a less a party to such proceeding takes an appeal is taken by the consignee, such mand appeal to the Court of Customs and Patent
facturer, producer, or wholesaler shall han Appeals within the time and manner pro- the right to appear and to be heard as a part vided in section 2601 of this title, but if the in interest, under such rules as the Unite decision relates to a reappraisement of mer- States Customs Court may prescribe. I th chandise, such appeal to the Court of Cus- American manufacturer, producer, or whole toms and Patent Apeals shall be upon saler is not satisfied with the action of th questions of law only." (28 U.S.C. 2637) Secretary, or the action of the appraise
• the determination of the ap- thereon, he may file, within thirty days afta pralser or person acting as appraiser as to the date of the malling of the Secretary the foreign market value or the cost of pro- notice, an appeal for a reappraisement in the duction, as the case may be, the purchase same manner and with the same effect as a price and the exporter's sales price and the appeal by a consignee under the provision action of the collector in assessing special of section 501 of this Act. dumping duty, shall have the same force and "(b) Classification. The Secretary of the effect and be subject to the same right of Treasury shall, upon written request by a appeal and protest, under the same condi- American manufacturer, producer, or whole tions and subject to the same limitations; saler, furnish the classification of, and the
as in the case of appeals and pro- rate of duty, if any, imposed upon, designated tests relating to customs duties under exist- imported merchandise of a class or kind man ing law." (19 U. S. C. 169)
ufactured, produced, or sold at wholesale by
iests for information as to classificaons and rates of duty under subdivision 1) thereof, shall be submitted to the immissioner of Customs in triplicate. implaints may be filed by complainits themselves or by duly authorized torneys or agents on their behalf. А mplaint filed by a corporation shall
signed by an officer thereof, and a mplaint filed by a copartnership shall ! signed by a member thereof. The ime of the complainant, his principal ace of business, and the fact that he an American manufacturer, producer, wholesaler shall be shown. The comaint shall present in detail the inforation required by section 516, as nended; shall show the class or kind merchandise manufactured, produced,
or sold which is claimed to be similar to the imported merchandise in such detail as will permit the Commissioner to establish the similarity between the domestic and foreign merchandise; and shall contain such information as the complainant may have as to the port or ports at which such merchandise is being imported into the United States. The complaint shall be itemized as to each class or kind of merchandise involved.
(b) All information secured by the collector as to the character and description of merchandise of the kind covered by a complaint, entered after publication by the Commissioner of his decision as to the proper classification and rate of duty, and samples of such merchandise, shall be made available to the
m. If such manufacturer, producer, or bolesaler believes that the proper rate of ity is not being assessed, he may file a mplaint with the Secretary, setting forth a scription of the merchandise, the classificaon, and the rate or rates of duty he beives proper, and the reasons for his belief. the Secretary decides that the classification
or rate of duty assessed upon, the merandise is not correct, he shall notify the llectors as to the proper classification and te of duty and shall so inform the comainant, and such rate of duty shall be asssed upon all such merchandise entered for nsumption or withdrawn from warehouse r consumption after thirty days after the ite such notice to the collectors is pubshed in the weekly Treasury Decisions. If he Secretary decides that the classification id rate of duty are correct, he shall so inirm the complainant. If dissatisfied with de decision of the Secretary, the complainit may file with the Secretary, not later lan thirty days after the date of such desion, notice that he desires to protest the assification of, or rate of duty assessed upon, le merchandise. Upon receipt of such noce from the complainant, the Secretary jall cause publication to be made of his ecision as to the proper classification and ite of duty and of the complainant's desire > protest, and shall thereafter furnish the omplainant with such information as to the otries and consignees of such merchandise, atered after the publication of the decision I the Secretary at the port of entry desigated by the complainant in his notice of esire to protest, as will enable the complainnt to protest the classification of, or rate of uty imposed upon, such merchandise in the quidation of such an entry at such port. The Secretary shall direct the collector at uch port to notify such complainant immelately when the first of such entries is liquiated. Within thirty days after the date of aalling to the complainant of notice of such Iquidation, the complainant may file with
the collector at such port a protest in writing setting forth a description of the merchandise and the classification and rate of duty he belleves proper. Notwithstanding such protest is filed, merchandise of the character covered by the published decision of the Secretary, when entered for consumption or withdrawn from warehouse for consumption on or before the date of publication of a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, rendered under the provisions of subsection (c) of this section, not in harmony with the published decision of the Secretary, shall be classified and the entries liquidated in accordance with such decision of the Secretary, and, except as otherwise provided in this Act, the liquidations of such entries shall be final and conclusive upon all parties.
"(c) Hearing and determination. A copy of every appeal and every protest filed by an American manufacturer, producer, or wholesaler under the provisions of this section shall be mailed by the collector to the consignee or his agent within five days after the filing thereof, and such consignee or his agent shall have the right to appear and to be heard as a party in interest before the United States Customs Court. The collector shall transmit the entry and all papers and exhibits accompanying or connected therewith to the United States Customs Court for due assignment and determination of the proper value or of the proper classification and rate of duty." (Tariff Act of 1930, sec. 616, as amended; 19 U. S. C. 1516)
"In reappraisement or classification proceedings instituted under section 1516 of Title 19, an American manufacturer, producer, or wholesaler shall not have the right to inspect any documents or papers of the consignee or importer disclosing any information which the Customs Court or any judge or division thereof deems unnecessary or improper to be disclosed to him.” (28 U. 8. C. 2634 (b))
complainant upon application by him to the collector.
(c) Notice of the liquidation of the first of the entries to be liquidated, covering merchandise of a class or kind which would enable the complainant to present the issue desired, shall be given to the complainant by the collector, as required by section 516 (b), Tariff Act of 1930, as amended. If, upon examination of the information secured by the collector as to this entry and inspection of the sample, if any, the complainant believes and the collector agrees that the merchandise or the facts surrounding this importation are not suficient to raise the issue involved in the complaint, the collector shall then give the complainant notice of the first liquidation thereafter of such an entry as will permit the framing of the issue covered by the complaint, and shall, under the same condition, continue to give such notices for so long as he is of the opinion that the complainant is sincere in his desire to protest.
(d) A complainant shall not be permitted in any case to inspect any documents or papers of the consignee or importer lodged in the customhouse, except upon instructions of the Commissioner.
(e) All appeals for reappraisement and protests filed under section 516, Tariff Act of 1930, as amended, shall be in triplicate. (Sec. 516, 46 Stat. 735, as amended; 19 U. S. O. 1516)
APPRAISEMENT 18.11 Entry; classes of goods for which ents
is authorized; form used. 18.12 Entry at port of destination.
SHIPMENT OF BAGGAGE IN BOND 18.13 Procedure; manifest. 18.14 Shipment of baggage in transit to foe
eign countries. 18.15 Domestic baggage and accompanie
commercial travelers' sample
through foreign territory. WAREHOUSE AND REWAREHOUSE WITHDRAWAL
FOR TRANSPORTATION 18.16 Form of withdrawal; time. 18.17 Withdrawal procedure. 18.18 Forwarding procedure; procedure
destination. WAREHOUSE WITHDRAWALS FOR EXPORTATION
OR FOR TRANSPORTATION AND EXPORTATION 18.19 Procedure. MERCHANDISE IN TRANSIT THROUGH THE
UNITED STATES TO FOREIGN COUNTRIES 18.20 Entry procedure; forwarding. 18.21 Restricted and prohibited merchan
dise. 18.22 Procedure at port of exit. 18.23 Change of destination; change
entry. 18.24 Retention of goods on dock; splitting
MERCHANDISE UNENTERED OR COVERED BY
GOVERNMENT 18.25 Direct exportation. 18.26 Indirect exportation. 18.27 Port marks. FINAL PORT OF EXPORTATION OF MERCHANDISI
CROSSING CONTIGUOUS FOREIGN TERRITORY 18.28 Port of exportation; cancellation
charge against bond. MERCHANDISE ARRIVING FROM A CONTIGUOOT
COUNTRY IN SEALED VESSELS OR VEHICLES 18.29 Sealed shipment authorized. 18.30 Procedure; documents required. 18.31 Merchandise in less-than-carload lots
AUTHORITY: The provisions of this part il issued under R.S. 161, 251, sec. 624, 46 Stat 759, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.O. 66, 1624, Gen. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted
SOURCE: The provisions of this Part 18 apa pear at 28 F.R. 14755, Dec. 31, 1963, unless otherwise noted.
PART 18-TRANSPORTATION IN
BOND AND MERCHANDISE IN
GENERAL PROVISIONS Sec. 18.1 Carriers; application to bond. 18.2 Receipt by carrier; manifest. 18.3 Transshipment; transfer by bonded
cartman. 18.4 Sealing conveyances and compart
ments; labeling packages; Warning
cards. 18.5 Diversion. 18.6 Short shipments; shortages; entry and
allowance. 18.7 Lading for exportation, verification
of. 18.8 Liability of carrier for shortage,
Irregular delivery, or nondelivery;
penalties. 18.9 Examination by inspectors of trunk
line associations or agents of the Interstate Commerce Commission.
accordance with the provisions of Part
21 of this chapter, if the collector is satis18.1 Carriers; application to bond.
fied that the transportation of such mer(a) Merchandise to be transported chandise in this manner will not enom one port to another in the United danger the revenue. ates in bond, except as provided for in (c) A common carrier or contract cariragraph (b), shall be delivered to a
rier desiring to receive merchandise for mmon carrier or contract carrier
transportation in bond shall file with the nded for that purpose, but such mer- collector of customs a bond on customs andise may be transported with the Form 3587 in a sum to be recommended e of the facilities of other bonded or by the collector, accompanied by the fee inbonded carriers. For the purposes of $50 prescribed by $ 24.12 of this chap
this section, the term "common car- ter. A common carrier shall also file or" means a common carrier of mer
with the collector a certified extract of andise owning or operating a railroad,
its charter showing that it is authorized zamship, or other transportation line
to engage in common carriage, and a route or a freight forwarder author
statement that it is operating or intends d to operate as such by any agency of to operate as a common carrier. In ade United States.
dition to the foregoing a freight for(b) Pursuant to Public Resolution 108, warder shall submit a certificate from June 19, 1936,' and subject to compli
the appropriate agency of the United ice with all other applicable provisions States showing that the applicant is au
this part, the collector of customs at thorized to operate as a freight forew York, upon the request of the party
warder by that agency. The extract interest, may permit merchandise en
and statement need not be submitted red and examined for customs purposes in the case of railroad or steamship be transported in bond between the
companies generally known to be enurts named in the resolution by bonded gaged in common carriage. A contract rtmen or lightermen duly qualified in carrier shall also submit a certificate
from the appropriate agency of the * Under such regulations and subject to United States showing that the carrier ch terms and conditions as the Secretary is authorized to operate as a contract the Treasury shall prescribe
carrier by that agency, and a statement (1) Any common carrier of merchandise
showing that it is operating or intends ming or operating a railroad, steamship,
to operate as a contract carrier. other transportation line or route for the insportation of merchandise in the United
(d) In the case of motor carrier bonds ates,
submitted for consideration, the follow(2) Any contract carrier authorized to op- ing shall be filed in addition to the reate as such by any agency of the United quirements mentioned above: ates, and
(1) A detailed description of the (3) Any freight forwarder authorized to
equipment to be used, showing whether erate as such by any agency of the United
the trucks are open or closed and ates,
whether they can be secured with cusvon application, may, in the discretion of
toms seals, the number of trucks operSecretary, be designated as a carrier of
ated, and whether such trucks are owned inded merchandise for the final release of aich from customs custody a permit has
or leased by the proposed bonded motor it been issued. (19 U.S.C. 1551.)
carrier, and, if leased, whether the trucks "The Secretary of the Treasury be, and he
are operated by employees of the lessee hereby, authorized, when it appears to him or lessor. be in the interest of commerce, and not- (2) A list of the lines or routes over thstanding any provision of law or regu- which the principal operates or will option requiring that the transportation of
erate, setting out the cities or towns at uported merchandise be by a bonded com
which the trucks stop or lay over en on carrier, to permit such merchandise hich has been entered and examined for
route and where and in whose custody stoms purposes to be transported by bonded
the trucks remain during such stops or etmen or bonded lightermen between the layovers. srts of New York, Newark, and Perth Amboy, (3) A definite statement as to whether hich are all included in Customs Collection the principal transports merchandise acistrict Numbered 10 (New York): Provided, hat this resolution shall not be construed to
cording to schedule over each of the lines prive any of the ports affected of its rights
or routes named or performs carriage id privileges as a port of entry." (19 0.8. O.
only when a shipment is secured for 151a)