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

GENERAL PROVISIONS

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)

transportation.