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(a) When the collector appeals for appraisement he shall use customs orm 4305 and at once forward a copy the appeal to the consignee or his ent or attorney. Such appeal shall ecify the particular items in the inice affected if it does not apply to all. (b) The appeal of a consignee or his jent shall be filed with the collector in iplicate. Customs Form 4305 may be ed for this purpose. The post office dress of the consignee or his agent shall set forth in each appeal.

(c) When an appeal for reappraiseent by the collector or by the consignee his agent has been completed, the col

"The collector shall give written notice of praisement to the consignee, his agent, or s attorney, if (1) the appraised value is gher than the entered value, or (2) a lange in the classification of the merchanse results from the appraiser's determinacon of value, or (3) in any case, if the congnee, his agent, or his attorney requests ich notice in writing before appraisement, tting forth a substantial reason for relesting the notice..." (Tariff Act of 30, sec. 501, as amended; 19 U. S. C. 1501) "The decision of the appraiser, inading all determinations entering into the me shall be final and conclusive upon all rties unless a written appeal for a reapalsement is filled with or mailed to the alted States Customs Court by the collector thin sixty days after the date of the apaiser's report, or filed by the consignee or agent with the collector within thirty ys after the date of personal delivery, or if alled the date of mailing of written notice appraisement to the consignee, his agent, his attorney. • • •» (Tariff Act of 1930, c. 501, as amended; 19 U. S. C. 1501)

• • A decision of the appraiser that reign value, export value, or United States alue can not be satisfactorily ascertained all be subject to review in reappraisement roceedings under section 501; but in any Ich proceeding, an affidavit executed outside Ithe United States shall not be admitted in fidence if executed by any person who fails 1 permit a Treasury attaché to inspect his ooks, papers, records, accounts, documents, correspondence, pertaining to the value or assification of such merchandise." (Tariff et of 1930, sec. 402 (b); 19 U. S. C. 1402 (b))

lector shall transmit the invoices and all papers pertaining to reappraisement (except advance reports, customs Form 6445, and documentary evidence attached thereto) with customs Form 3085 to the United States Customs Court, 201 Varick Street, New York, N. Y.3

(d) When samples are sent to the court at the importer's request, the transportation charges shall be paid by him.

(e) The director of the Customs Information Exchange, New York, N. Y., the person authorized to act in that capacity during the absence or disability of the director, and any other official designated by the Commissioner of Customs, shall certify copies of official documents for the purpose set forth in section 2633, 28 U. S. Code."

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sa "In finding the value of merchandise, in reappraisement proceedings before a single Judge of the Customs Court, afdavits and depositions of persons whose attendance cannot reasonably be had, price lists and catalogues, reports or depositions of consuls, customs agents, collectors, appraisers, assistant appraisers, examiners, and other officers of the Government may be admitted in evidence. Copies of official documents, when certified by an official duly authorized by the Secretary of the Treasury, may be admitted in evidence with the same force and effect as original documents. ⚫" 28 U. S. C. 2633.

"The Customs Court shall have exclusive Jurisdiction of appeals for reappraisement and application for review of reappraisement of imported merchandise (28 U.S.C. 1582)

"In finding the value of merchandise, in reappraisement proceeding before a single Judge of the Customs Court, affidavits and depositions of persons whose attendance cannot reasonably be had, price lists and catalogues, reports or depositions of consuls, customs agents, collectors, appraisers, assistant appraisers, examiners, and other officers of the Government may be admitted in evidence. Copies of official documents, when

ANTIDUMPING PROTESTS AND APPEALS; AMERICAN PRODUCERS' APPEALS AND PROTESTS

§ 17.9 Antidumping; protests and appeals; procedure.

(a) Appeals for reappraisement, applications for reviews of reappraisements, and protests relating to the Antidumping Act, 1921, shall be made in the same manner as appeals, applications for review, and protests relating to ordinary customs duties.10

certified by an official duly authorized by the Secretary of the Treasury, may be admitted in evidence with the same force and effect as original documents.

"The value found by the appraiser shall be presumed to be the value of the merchandise. The burden shall rest upon the party who challenges its correctness to prove otherwise." (28 U.S.C. 2633)

"The judge assigned to hear an appeal for reappraisement of merchandise shall render his decision in writing, together with a statement of the reasons therefor and of the facts on which his decision is based." (28 U.S.C. 2635)

"(a) The decision of a single judge in a reappraisement proceeding shall be final and conclusive upon all parties unless within 30 days from the date it is filed with the collector of customs an application for its review is filed with or mailed to the Customs Court by the collector or other person authorized by the Secretary of the Treasury, and a copy of such application mailed to the consignee, or his agent or attorney, or filed by the consignee, or his agent or attorney, with the collector, by whom the same shall be forwarded forthwith to such court." (28 U.S.C. 2636(a))

"The decision of a division of the Customs Court, in any matter within its jurisdiction shall be the decisions of such court, and shall be final and conclusive upon all parties, unless a party to such proceeding takes an appeal to the Court of Customs and Patent Appeals within the time and manner provided in section 2601 of this title, but if the decision relates to a reappraisement of merchandise, such appeal to the Court of Customs and Patent Apeals shall be upon questions of law only." (28 U.S.C. 2637)

10"** the determination of the appraiser or person acting as appraiser as to the foreign market value or the cost of production, as the case may be, the purchase price and the exporter's sales price and the action of the collector in assessing special dumping duty, shall have the same force and effect and be subject to the same right of appeal and protest, under the same conditions and subject to the same limitations; as in the case of appeals and protests relating to customs duties under existing law." (19 U. S. C. 169)

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13"(a) Value. Whenever an Amer manufacturer, producer, or wholesaler lieves that the appraised value of any ported merchandise of a class or kind ma factured, produced, or sold at wholesale him is too low, he may file with the Secre of the Treasury a complaint setting forth value at which he believes the merchan should be appraised and the facts upon w he bases his belief. The Secretary shall th upon transmit a copy of such complain the appraiser at each port of entry where merchandise is usually imported. U otherwise directed by the Secretary, the praiser shall report each subsequent impo tion of the merchandise giving the e number, the name of the importer, the praised value, and his reasons for the praisement. If the Secretary does not a with the action of the appraiser, he shall struct the collector to file an appeal f reappraisement as provided in section 50 this Act, and such manufacturer, produ or wholesaler shall have the right to ap and to be heard as a party in interest ur such rules as the United States Cust Court may prescribe. The Secretary s notify such manufacturer, producer. wholesaler of the action taken by such praiser, giving the port of entry, the e number, and the appraised value of s merchandise and the action he has ta thereon. If the appraiser advances the tered value of merchandise upon the in mation furnished by the American ma facturer, producer, or wholesaler, and appeal is taken by the consignee, such ma facturer, producer, or wholesaler shall the right to appear and to be heard as a p in interest, under such rules as the Un States Customs Court may prescribe. If American manufacturer, producer, or wh saler is not satisfied with the action of Secretary, or the action of the appra thereon, he may file, within thirty days a the date of the mailing of the Secreta notice, an appeal for a reappraisement in same manner and with the same effect as appeal by a consignee under the provisi of section 501 of this Act.

"(b) Classification. The Secretary of Treasury shall, upon written request by American manufacturer, producer, or wh saler, furnish the classification of, and rate of duty, if any, imposed upon, designs imported merchandise of a class or kind m ufactured, produced, or sold at wholesale

tests for information as to classificaons and rates of duty under subdivision

thereof, shall be submitted to the ommissioner of Customs in triplicate. ɔmplaints may be filed by complainits themselves or by duly authorized torneys or agents on their behalf. A 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 me 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,

m. If such manufacturer, producer, or holesaler 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 bewes 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 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 inrm the complainant. If dissatisfied with le decision of the Secretary, the complainit may file with the Secretary, not later ian 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 all 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 atries and consignees of such merchandise, atered after the publication of the decision f 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 immeiately when the first of such entries is liquiated. Within thirty days after the date of nailing to the complainant of notice of such iquidation, the complainant may file with

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

the collector at such port a protest in writing setting forth a description of the merchandise and the classification and rate of duty he believes 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. A copy

"(c) Hearing and determination. 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. 516, 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. S. 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 sufficient 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. C. 1516)

18-TRANSPORTATION

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FINAL PORT OF EXPORTATION OF MERCHANDISİ CROSSING CONTIGUOUS FOREIGN TERRITORY 18.28 Port of exportation; cancellation charge against bond.

MERCHANDISE ARRIVING FROM A CONTIGUOU COUNTRY IN SEALED VESSELS OR VEHICLES

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Sealed shipment authorized. Procedure; documents required. Merchandise in less-than-carload lots, AUTHORITY: The provisions of this Part 18 issued under R.S. 161, 251, sec. 624, 46 Stat 759, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.Q 66, 1624, Gen. Hdnote. 11, Tariff Schedules of the United States, except as otherwise noted

SOURCE: The provisions of this Part 18 sp pear at 28 F.R. 14755, Dec. 31, 1963, unles otherwise noted.

GENERAL PROVISIONS

18.1 Carriers; application to bond. j. (a) Merchandise to be transported om one port to another in the United ates in bond, except as provided for in ragraph (b), shall be delivered to a mmon carrier or contract carrier nded for that purpose, but such merandise may be transported with the e of the facilities of other bonded or unbonded carriers. For the purposes this section, the term "common carDar" means a common carrier of merandise owning or operating a railroad, eamship, or other transportation line route or a freight forwarder authored to operate as such by any agency of e United States.

(b) Pursuant to Public Resolution 108, June 19, 1936,' and subject to compliice with all other applicable provisions this part, the collector of customs at ew York, upon the request of the party interest, may permit merchandise enred and examined for customs purposes be transported in bond between the rts named in the resolution by bonded rtmen or lightermen duly qualified in

Under such regulations and subject to ch terms and conditions as the Secretary the Treasury shall prescribe

(1) Any common carrier of merchandise ming or operating a railroad, steamship, other transportation line or route for the ansportation of merchandise in the United ates,

(2) Any contract carrier authorized to opate as such by any agency of the United ates, and

(3) Any freight forwarder authorized to erate as such by any agency of the United ates,

on application, may, in the discretion of e Secretary, be designated as a carrier of nded merchandise for the final release of hich from customs custody a permit has it been issued. (19 U.S.C. 1551.)

"The Secretary of the Treasury be, and he hereby, authorized, when it appears to him be in the interest of commerce, and notthstanding any provision of law or regution requiring that the transportation of ported merchandise be by a bonded comon carrier, to permit such merchandise hich has been entered and examined for stoms purposes to be transported by bonded rtmen or bonded lightermen between the rts of New York, Newark, and Perth Amboy, hich are all included in Customs Collection Istrict Numbered 10 (New York): Provided, hat this resolution shall not be construed to prive any of the ports affected of its rights id privileges as a port of entry." (19 U. 8. C. i51a)

accordance with the provisions of Part 21 of this chapter, if the collector is satisfied that the transportation of such merchandise in this manner will not endanger the revenue.

(c) A common carrier or contract carrier desiring to receive merchandise for transportation in bond shall file with the collector of customs a bond on customs Form 3587 in a sum to be recommended by the collector, accompanied by the fee of $50 prescribed by § 24.12 of this chapter. A common carrier shall also file with the collector a certified extract of its charter showing that it is authorized to engage in common carriage, and a statement that it is operating or intends to operate as a common carrier. In addition to the foregoing a freight forwarder shall submit a certificate from the appropriate agency of the United States showing that the applicant is authorized to operate as a freight forwarder by that agency. The extract and statement need not be submitted in the case of railroad or steamship companies generally known to be engaged in common carriage. A contract carrier shall also submit a certificate from the appropriate agency of the United States showing that the carrier is authorized to operate as a contract carrier by that agency, and a statement showing that it is operating or intends to operate as a contract carrier.

(d) In the case of motor carrier bonds submitted for consideration, the following shall be filed in addition to the requirements mentioned above:

(1) A detailed description of the equipment to be used, showing whether the trucks are open or closed and whether they can be secured with customs seals, the number of trucks operated, and whether such trucks are owned or leased by the proposed bonded motor carrier, and, if leased, whether the trucks are operated by employees of the lessee or lessor.

(2) A list of the lines or routes over which the principal operates or will operate, setting out the cities or towns at which the trucks stop or lay over en route and where and in whose custody the trucks remain during such stops or layovers.

(3) A definite statement as to whether the principal transports merchandise according to schedule over each of the lines or routes named or performs carriage only when a shipment is secured for transportation.

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