Public Law 91–271

Sec. 101. short title

This title may be cited as “The Customs Courts Act of 1970”.

Sec. 102. appeals from customs court decisions—jurisdiction

Section 1541 of title 28 of the United States Code is amended to read as follows:

Ҥ 1541. Appeals from Customs Court decisions

“(a)“(a)

The Court of Customs and Patent Appeals has jurisdiction of appeals from all final judgments or orders of the United States Customs Court.

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“(b)“(b)

When the chief judge of the Customs Court issues an order under the provisions of section 256(b) of this title; or when any

Post, p. 277.

judge in the Customs Court, in issuing any other interlocutory order, includes in the order a statement that a controlling question of law is involved as to which there is substantial ground tor difference of opinion and that an immediate appeal from its order may materially advance the ultimate termination of the litigation, the Court of Customs and Patent Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided however, That neither the application for nor the granting of an appeal hereunder stays proceedings in the Customs Court unless a stay is ordered by a judge of the Customs Court or by the Court of Customs and Patent Appeals or a judge of that court.”

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Sec. 103. appeals from customs court decisions—procedure

Section 2601 of title 28 of the United States Code is

62 Stat. 979.

amended to read as follows:

Ҥ 2601. Appeals from Customs Court decisions

“(a)“(a)

A party may appeal to the Court of Customs and Patent Appeals from a final judgment or order of the Customs Court within sixty days after entry of the judgment or order.

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“(b)“(b)

An appeal is made by filing in the office of the clerk of the Court of Customs and Patent Appeals a notice of appeal which shall include a concise statement of the errors complained of. A copy of the notice shall be served on the adverse parties. When the United States is an adverse party service shall be made on the Attorney General and the Secretary of the Treasury or their designees. Thereupon, the Court of Customs and Patent Appeals shall order the Customs Court to transmit the record and evidence taken, together with either the findings of fact and conclusions of law or the opinion, as the case may be.

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“(c)“(c)

The Court of Customs and Patent Appeals may affirm, modify, vacate, set aside, or reverse any judgment or order of the Customs Court lawfully brought before it for review, and may remand the cause and direct the entry of an appropriate judgment or order, or require such further proceedings as may be just under the circumstances. The judgment or order of the Court of Customs and Patent Appeals shall be final and conclusive unless modified, vacated, set aside, reversed, or remanded by the Supreme Court under section

62 Stat. 963.

28 USC 2106.

2106 of this title.”

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Sec. 104. precedence of american manufacturer, producer, or wholesaler cases

Section 2602 of title 28 of the United States Code is amended to read as follows:

Ҥ 2602. Precedence of American manufacturer, producer, or wholesaler cases

“(a)“(a)

Every proceeding in the Court of Customs and Patent Appeals arising under section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the docket of such court, except as provided for in paragraph (b) of this section, and shall lie assigned for hearing at the earliest practicable date and expedited in every way.

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“(b)“(b)

Appeals from findings by the Secretary of Commerce provided for in headnote fl to .schedule 8, part 4, of the Tariff Schedules

80 Stat. 899.

of the United States (19 U.S.C. 1202) shall receive a preference over all other matters.”

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Sec. 105. duties of chief judge precedence of judges

Section 253 of title 28 of the United States Code is amended to read as follows:

Ҥ 253. Duties of chief judge; precedence of judges

“(a)“(a)

The chief judge of the Customs Court, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court;

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“(b)“(b)

The chief judge shall promulgate dockets.

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“(c)“(c)

The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges.

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“(d)“(d)

Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified.

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“(e)“(e)

The chief judge shall have precedence and shall preside at any session which lie attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.”

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Sec. 106. single-judge trials

Section 254 of title 28 of the United States Code is amended

62 Stat. 900.

to read as follows:

Ҥ 254. Single-judge trials

“Except as otherwise provided in section 255 of this title, the

Infra.

judicial power of the Customs Court with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court, at the same time other sessions are held by other judges.”

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Sec. 107. publication of decisions

Section 255 of title 28 of the United States Code is redesignated as section 257 and is amended to read as follows:

Ҥ 257. Publication of decisions

“All decisions of the Customs Court shall be preserved mid open to inspection. The court shall forward copies of each decision to the. Secretary of the Treasury or his designee mid to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions.”

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Sec. 108. three-judge trials

There shall be a new section 255 of title 28 of the. United States Code ns follows:

Ҥ 255. Three-judge trials

“(a)“(a)

Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Customs Court, shall designate any three, judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws.

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“(b)“(b)

A majority of the three judges designated may hear and determine the civil action and all questions pending therein.”

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Sec. 109. trials at ports other than new york

There shall be a new section 256 of title 28 of the United States Code as follows:

Ҥ 256. Trials at ports other than New York

“(a)“(a)

The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or healing at the port or place.

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“(b)“(b)

Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided, however, That an interlocutory appeal may lie taken from such an order pursuant to the provisions of section 1541(b) of this title, subject to the discretion

Ante, p. 275.

of the Court, of Customs and Patent Appeals as set forth in that section.”

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Sec. 110. jurisdiction of the customs court

Section 1582 of title 28 of the United States Code is amended to read as follows:

Ҥ 1582. Jurisdiction of the Customs Court

“(a)“(a)

The Customs Court shall have exclusive jurisdiction of civil actions instituted by any person whose protest pursuant to the Tariff

46 Stat. 590.

19 USC 1654.

Act of 1980, ns amended, has been denied, in whole or in part, by the appropriate customs officer, where the administrative decision, including the legality of all orders and findings entering into the same, involves: (1) the appraised value of merchandise; (2) the classification and rate and amount of duties chargeable; (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; (4) the exclusion of merchandise from entry or delivery under any provisions of the customs laws; (5) the liquidation or reliquidation of an entry, or a modification thereof; (6) the refusal to pay a claim for drawback; or (7) the refusal to reliquidate an entry

52 Stat. 1086;

67 Stat. 519.

19 USC 1520.

under section 520(c) of the Tariff Act of 1930, as amended.

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“(b)“(b)

The Customs Court shad have exclusive jurisdiction of civil actions brought by American manufacturers, producers, or wholesalers

Post, p. 286.

pursuant to section 516 of the Tariff Act of 1930, as amended.

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“(c)“(c)

The Customs Court shall not have jurisdiction of an action unless (1) either a protest has been filed, as prescribed by section 514

Post, p. 284.

of the Tariff Act of 1930, as amended, and denied in accordance with

Post, p. 285.

the provisions of section 515 of the Tariff Act of 1930, as amended, or if the action relates to a decision under section 16 of the Tariff Act of 1930, as amended, all remedies prescribed therein have been exhausted, and (2) except in the case of an action relating to a decision under section 516 of the Tariff Act of 1930, as amended, all liquidated duties, charges or exactions have been paid at the time the action is filed.

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“(d)“(d)

Only one civil action may lie brought in the Customs Court, to contest the denial of a single protest. However, any number of entries of merchandise involving common issues may be included in a single, civil action. Actions may be consolidated by order of the court or by request of the parties, with approval of the court, if there are common issues.”

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Sec. 111. repeal of section 1 5 km—review of decisions on protests

Section 1583 of title 28 of the United States Code is repealed.

Sec. 112. time for commencement of action

Section 2631 of title 28 of the United States Code is amended to read as follows:

Ҥ 2631. Time for commencement of action

“(a)“(a)

An action over which the court has jurisdiction under section 1582(a) of this title is barred unless commenced within one hundred and eighty days after:

“(1)“(1)

the date of mailing of notice of denial, in whole or in part, of a protest pursuant to the provisons of section 515(a) of the

Post, p. 285.

Tariff Act of 1930, as amended; or

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“(2)“(2)

the date of denial of a protest by operation of law pursuant to the provisions of section 515(b) of the Tariff Act of 1930, as amended.

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“(b)“(b)

An action over which the court has jurisdiction under section 1582(b) of this title is barred unless commenced within thirty days

Ante, p. 278.

after the date of mailing of a notice sent pursuant to section 516(c) of the Tariff Act of 1930, as amended.”

Post, p. 286.

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Sec. 113. customs court procedure and fees

Section 2632 of title 28 of the United States Code is

62 Stat. 980.

amended to read as follows:

Ҥ 2632. Customs Court procedure and fees

“(a)“(a)

A party may contest denial of a protest under section 515 of the Tariff Act of 1930, as amended, or the decision of the Secretary

Post, p. 285.

of the Treasury made under section 516 of the Tariff Act of 1930, as amended, by bringing a civil action in the Customs Court. A civil

Post, p. 286.

action shall be commenced by tiling a summons in the form, manner, and style and with the content prescribed in rules adopted by the court.

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“(b)“(b)

There shall be a filing fee payable upon commencing an action.

Filing fee.

The amount of the fee shall be fixed by the Customs Court but shall be not less than $5 nor more than the filing fee for commencing a civil action in a United States district court. The Customs Court, may fix all other fees to be charged by the clerk of the court.

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“(c)“(c)

The Customs Court shall provide by rule, for pleadings and other papers, for their amendment, service, and filing, for consolidations, severances, and suspensions of cases, and for other procedural matters.

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“(d)“(d)

The Customs Court, by rule, may consider any new ground in support of a civil action if the new ground (1) applies to the same merchandise that Was the subject of the protest; and (2) is related to the same administrative decision or decisions listed in section 514 of the Tariff Act of 1930, as amended, that were contested in the

Post, p. 284

protest.

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“(e)“(e)

All pleadings and other papers filed in the Customs Court shall

Service of summons.

be served on all the adverse parties in accordance with the rules of the court. When the United States is an adverse party, service of the summons shall be made on the Attorney General and the Secretary of the. Treasury or their designees.

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“(f)“(f)

Upon service of the summons on the Secretary of the Treasury or his designee, the appropriate customs officer shall forthwith transmit the following items, if they exist, to the United States Customs Court, as part of the official record of the civil action: (1) consumption or other entry; (2) commercial invoice; (3) special Customs invoice; (4) copy of protest; (5) copy of denial of protest in whole or in part: (6) importer’s exhibits; (7) official samples; (8) any official laboratory reports; and (9) the summary sheet. If any of the aforesaid items do not exist in the particular case, an affirmative statement to that effect shall be transmitted as part of the official record.”

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Sec. 114. precedence of american manufacturer, producer, or wholesaler cases

Section 2633 of title 28 of the United States Code is amended to read as follows:

Ҥ 2633. Precedence of American manufacturer, producer, or wholesaler cases

”Every proceeding in the Customs Court arising under section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the docket of the court, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.”

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Sec. 115. notice

Section 2634 of title 28 of the United States Code is amended to read as follows:

Ҥ2634. Notice

“Reasonable notice of the time and place of trial before a judge of the Customs Court shall be given to all parties to any proceeding, under rules prescribed by the court.”

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Sec. 116. burden of proof; evidence of value

Section 2635 of title 28 of the United States Code is amended to read as follows:

Ҥ 2635. Burden of proof; evidence of value

“ In any matter in the Customs Court:

“(a)“(a)

The decision of the Secretary of the Treasury, or his delegate, is presumed to be correct. The burden to prove otherwise shall rest upon the party challenging a decision.

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“(b)“(b)

Where the value of merchandise is in issue:

“(1)“(1)

Reports or depositions of consuls, customs officers, and other officers of the United States and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted in evidence when served upon the opposing party in accordance with the rules of the court.

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“(2)“(2)

Price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material.

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“(c)“(c)

The value of merchandise shall be determined from the evidence in the record and that adduced at the trial whether or not the merchandise or samples thereof are available for examination.”

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Sec. 117. analysis of imported merchandise

Section 2636 of title 28 of the United States Code is amended to read as follows:

Ҥ 2636. Analysis of imported merchandise

“A judge of the Customs Court may order an analysis of imported merchandise and reports thereon by laboratories or agencies of the United States.”

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Sec. 118. witnesses; inspection of documents

Section 2637 of title 28 of the United States Code is amended to read as follows:

Ҥ2637. Witnesses; inspection of documents

“(a)“(a)

hr any proceeding in the Customs Court, under rules prescribed by the court, the parties and their attorneys shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party, and to inspect all samples and all papers admitted or offered as evidence, except as provided in subsection (b) of this section.

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“(b)“(b)

In an action instituted by an American manufacturer, producer, or wholesaler, the plaintiff may not inspect any documents or papers of a consignee or importer disclosing any information which the Customs Court deems unnecessary or improper to be disclosed.”

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Sec. 119. decisions; findings of fact and conclusions of law; effect of opinions

Section 2638 of title 28 of the United States Code is

62 Stat. 982.

amended to read as follows:

Ҥ 2638. Decisions; findings of fact and conclusions of law; effect of opinions

“(a)“(a)

A decision of the judge in a contested case shall be supported by either (1) a statement of findings of fact and conclusions of law, or (2) an opinion stating the reasons and facts upon which the decision is based.

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“(b)“(b)

The decision of the judge is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2639 of this title or an

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appeal is made to the Court of Customs and Patent Appeals within the time and in the maimer provided in section 2601 of this title.”

Ante, p. 275

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Sec. 120. retrial or rehearing

Section 2639 of title 28 of the United States Code is amended to read as follows:

Ҥ 2639. Retrial or rehearing

“The judge who has rendered a judgment or order may, upon motion of a party or upon his own motion, grant a retrial or a rehearing, as the case may lie. A party’s motion must be made or the judge’s action on his own motion must lie taken, not later than thirty days after entry of the judgment or order.”

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Sec. 121. repeal of sections 2040, 2041, 2042—rehearing or retrial; frivolous protest or appeal; amendment of protests, appeals, and pleadings

Sections 2640, 2641, and 2642 of title 28 of the United States Code are regaled.

62 Stat. 982;

63 Stat. 106.

Sec. 122. effective date

Sec. 123. miscellaneous amendments

Sec. 201. short title

Titles II and III of this Act may be cited as “The Customs Administrative Act of 1970”.

Sec. 202. amendment of sections

Unless otherwise, provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or provision of the Tariff Act, the reference shall be considered to lie made to a section or provision of the Tariff Act of 1930,

46 Stat. 590.

19 USC 1654.

as amended (19 U.S.C. 1202 et seq.).

Sec. 203. effective date

Titles II and III of this Act shall take effect with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, the appraisement of which has not become filial lie fore October 1, 1970, and for which an appeal for reappraisement has not been timely tiled with the Bureau of Customs before October 1, 1970, or with respect to which a protest has not been disallowed in whole or in part before October 1, 1970.

Sec. 204. appraisement, classification. and liquidation procedures: collections and refunds; limitations

Sec. 205. repeal of separate appraisement procedure; voluntary reliquidations.

Section 501 of the Tariff Act (19 U.S.C. 1501) is amended

46 Stat. 730;

67 Stat. 517.

to read as follows:

“Sec. 501. Voluntary Reliquidations.—

“A liquidation made in accordance with section 500 or any reliquidation

Supra.

thereof made in accordance with this section may be reliquidated in any respect by the appropriate customs officer on his own initiative, notwithstanding the filing of a protest, within ninety days from the flute on which notice of the original liquidation is given to the importer, his consignee or agent. Notice of such re liquidation shall be given in the manner prescribed with respect to original

Ante, p. 283.

liquidations under section 500(e).”

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Sec. 206. dutiable value

Section 503 of the Tariff Act (19 U.S.C. 1503) is amended to read as follows:

“Sec. 503. Dutiable Value.—

Post. p. 287.

46 Stat. 745;

52 Stat. 1088;

67 Stat. 518.

19 USC 1562.

“Except as provided in section 520(c) (relating to reliquidations on the basis of authorized corrections of errors) or section 562 (relating to withdrawal from manipulating warehouses) of this Act, the basis for the assessment of duties on imported merchandise subject to ad valorem rates of duty or rates based upon or regulated in any manner by the value of the merchandise, shall be the appraised value determined upon liquidation, hi accordance with section 500 or any adjustment thereof made pursuant to section 501 of the Tariff Act: Provided however, That if reliquidation is required pursuant to a final judgment or order of the United States Customs Court which includes a reappraisement of imported merchandise, the basis for such assessment shall be the final appraised value determined by such court.”

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Sec. 207. protests

Section 514 of the Tariff Act (19 U.S.C. 1514) is amended to read as follows:

“Sec. 514. Finality of Decisions; Protests.—

“(a)“(a)

Finality of Decisions.—

Except as provided in section 501

Post, p. 286.

(relating to voluntary reliquidations), section 516 (relating to petitions

67 Stat. 519.

19 USC 1520.

46 Stat. 739.

19 USC 1521.

by American manufacturers, producers, and wholesalers), section 520 (relating to refunds and errors), and section 521 (relating to reliquidations on account of fraud) of this Act, decisions of the appropriate customs officer, including the legality of all orders and findings entering into the same, as to—

“(1)“(1)

the appraised value of merchandise;

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“(2)“(2)

the classification and rate and amount of duties chargeable;

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“(3)“(3)

all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury;

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“(4)“(4)

the exclusion of merchandise from entry or delivery under any provision of the customs laws:

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“(5)“(5)

the liquidation or reliquidation of an entry, or any modification thereof; ,

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“(6)“(6)

the refusal to pay a claim for drawback; and

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“(7)“(7)

the refusal to reliquidate an entry under section 520(c) of this Act,

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shall be final and conclusive upon all persons (including the United States and any officer thereof) unless a protest is filed in accordance with this section, or unless a civil action contesting the denial of a protest, in whole or in part, is commenced in the United States Customs Court in accordance with section 2632 of title 28 of the United States

Ante, p. 278.

Code within the time prescribed by section 2631 of that title. When a judgment or order of the United States Customs Court has become final, the papers transmitted shall be returned, together with a copy of the judgment or order to the appropriate customs officer, who shall take action accordingly.

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“(b)“(b)

Protests.—

“(1)“(1)

In general.—

A protest of a decision under subsection (a) shall be filed in writing with the appropriate customs officer designated in regulations prescribed by the Secretary, setting forth distinctly and specifically each decision described in subsection (a) as to which protest is made; each category of merchandise affected by each such decision as to which protest is made; and the nature of each objection and reasons therefor. Only one protest may be filed for each entry of merchandise, except that where the entry covers merchandise of different categories, a separate protest may be filed for each category. In addition, separate protests filed by different authorized persons with respect to any one category of merchandise, that is the subject of a protest are deemed to be part of a single protest, A protest may be amended, under regulations prescribed by the Secretary, to set forth objections as to a decision or decisions described in Subsection

Infra.

(a) which were not the subject of the original protest, in the form and maimer prescribed for a protest, any time prior to the expiration of the time in which such protest could have been filed under tn is section.

Post, p. 290.

New grounds in support, of objections raised by a valid protest, or amendment thereto may be presented for consideration in connection with the review of such protest pursuant to section 515 of this Act at any time prior to the disposition of the protest in accordance with that section. Except as otherwise provided in section 557 (b) of this Act, protests may be filed by the importer, consignee, or any authorized agent of the person paying any charge or exaction, or filing any claim for drawback, or seeking entry or delivery, with respect to merchandise which is the subject of a decision in subsection (a).

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“(2)“(2)

Time for filing, A protest of a decision, order, or finding described in subsection (a) shall be filed with such customs officer within ninety (lavs after but not lie fore—

“(A)“(A)

notice of liquidation or reliquidation, or

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“(B)“(B)

in circumstances where subparagraph (A) is inapplicable, the date of the decision as to which protest is made.

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“(c)“(c)

Limitation on Protest of Reliquidations,—

The reliquidation of an entry shall not open such entry so that a protest may be filed against the decision of the customs officer upon any question not involved in such reliquidation.”

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Sec. 208. review of protests

Section 515 of the Tariff Act (19 U.S.C. 1515) is amended

46 Stat. 734.

to read as follows:

“Sec. 515. Review of Protests.—

“(a)“(a)

Administrative Review and Modification of Decisions.—

Unless a request for an accelerated disposition of a protest is filed in accordance with subsection (b) of this section the appropriate customs officer, within two years from the date a protest was filed in accordance with section 514 of this Act, shall review the protest and shall allow

Ante, p. 284.

or deny such protest in whole or in part. Thereafter, any duties, charge, or exaction found to have been assessed or collected in excess shall lie remitted or refunded and any drawback found due shall lie paid. Upon the request of the protesting party, filed within the time allowed for the filing of a protest under section 514 of this Act, a protest may be subject to further review by another appropriate customs officer, under the circumstances and in the form and manner that may he prescribed by the Secretary in regulations, but subject to the two-year limitation prescribed in the first sentence of this subsection. Notice of the denial of any protest shall be mailed in the form and manner prescribed by the Secretary,

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“(b)“(b)

Request for Accelerated Disposition of Protest.—

A request for accelerated disposition of a protest filed in accordance with section 514 of this Act may lie mailed by certified or registered mail to the appropriate customs officer any time after ninety days following the filing of such protest. For purposes of section 1582 of title 28 of the

Ante, p. 278.

United States (’ode, a protest which has not been allowed or denied in whole or in part within thirty days following the date of mailing by certified or registered mail of a request for accelerated disposition shall be deemed denied on the thirtieth day following mailing of such request.”

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Sec. 209. petitions by american manufacturers, producers, or wholesalers

Section 516 of the Tariff Act (19 U.S.C. 1516) is amended to read as follows:

“Sec. 516. Petitions by-American Manufacturers, Producers, or Wholesalers—Value and Classification.—

“(a)“(a)

The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification, and the rate of duty, if any, imposed upon designated imported merchandise of a class or kind” manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the appraised value is too low, that the classification is not correct, or that the proper rate of duty is not being assessed, he may file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, or the rate or rates of duty that he believes proper, and (3) the reasons for his belief.

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“(b)“(b)

If, after receipt and consideration of a petition filed by an American manufacturer, producer, or wholesaler, the Secretary decides that the appraised value of the merchandise is too low, or that the classification of the article or rate of duty assessed thereon is not correct, he shall determine the proper appraised value or classification or rate of duty, and notify the petitioner of his determination. All such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised or classified or assessed as to rate of duty in accordance with the Secretary’s determination.

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“(c)“(c)

If the Secretary decides that the appraised value or classification of the articles or the rate of duty with respect to which a petition was filed pursuant to subsection (a) is correct, he shall so inform the petitioner. If dissatisfied with the decision of the Secretary, the petitioner may file with the, Secretary, not later than thirty days after the date of the decision, notice that he desires to contest the appraised value or classification of, or rate or duty assessed upon, the merchandise. Upon receipt of notice from the petitioner, the Secretary shall cause publication to be made of his decision as to the proper appraised value or classification or rate of duty and of the petitioners desire to contest, and shall thereafter furnish the petitioner with such information as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value or classification of, or rate of duty imposed upon, such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appropriate customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated.

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“(d)“(d)

Notwithstanding the filing of an action pursuant to section 2632 of title 28 of the United States Code, merchandise of the character covered by the published decision of the Secretary (when entered for eon umption or withdrawn from warehouse for consumption on or lief ore the date of publication of a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, not in harmony with the published decision of the Secretary) shall be appraised or classified, or both, and the entries liquidated in accordance with the decision of the Secretary and, except as otherwise provided in this chapter, the final liquidations of these entries shall be conclusive upon all parties.

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“(e)“(e)

The consignee or his agent Stall have the right to appear and to lie heard as a parly in interest before the United States Customs Court.

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“(f)“(f)

If the cause of action is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals, merchandise of the character covered by the published decision of the Secretary, which is entered for consumption or withdrawn from warehouse for consumption after the date of publication of the court decision, shall be subject to appraisement, classification, and assessment of duty in accordance, with the final judicial decision in the action, and the liquidation of entries covering the merchandise so entered or withdrawn shall be suspended until final disposition is made of the action, whereupon the entries shall be liquidated, or if necessary, reliquidated in accordance with the final decision.

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“(g)“(g)

Regulations shall lie prescribed by the Secretary to implement the procedures required under this section.”

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Sec. 210. refunds and errors

Section 520(c) of the Tariff Act (19 U.S.C. 1520(c)) is

52 Stat. 1086;

67 Stat. 519.

amended by—

Sec. 301. technical and conforming amendments

The Tariff Act of 1930, as amended (19 U.S.C. ch. 4),

46 Stat. 590.

19 USC 1654

is further amended as follows:

Sec. 302.

The hist paragraph of so much of section 1 of the Act of August 1, 1914, as relates to the Customs Service, as amended (38 Stat. 623; 19 U.S.C. 2), is amended to read as follows:

“The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require.”

Sec. 303.

Section 2 of the Act of March 4, 1923, as amended (19

43 Stat. 748.

U.S.C. 6), is amended by—

Sec. 304.

Section 2619 of the Revised Statutes, as amended (19 U.S.C. 31), is amended to read as follows:

“A bond to the United States may be required of any customs officer for the true and faithful discharge of rhe duties of his office according to law.”

Sec. 305.

Section 2620 of the Revised Statutes, as amended (19 U.S.C. 32), is amended to read as follows:

“The amounts, conditions for filing, and procedures for the approval of bonds required of customs officers shall be set forth in regulations prescribed by the Secretary of the Treasury.”

Sec. 306.

Section 8 of the Act of August 24, 1912, as amended (19 U.S.C, 50), is amended by striking the term “Collectors of customs” and inserting in lieu thereof “Customs officers”.

Sec. 307.

Section 2654 of the Revised Statutes, as amended (19 U.S.C. 58), is amended by striking the word “Collectors” and inserting in lieu thereof “Customs officers”.

Sec. 308.

Section 251 of the Revised Statutes (19 U.S.C. 66) is amended by striking the word “collectors” and inserting in lieu thereof “customs officers”.

Sec. 309.

Section 3 of the Act of June 18, 1934, as amended (19 U.S.C. 81c) is amended by—

Sec. 310.

The Act of June 28, 1916 (19 U.S.C. 151), is amended by striking the term “collector of customs” and inserting in lieu thereof “appropriate customs officer”.

Sec. 311.

Section 202(a) of the Act of May 27, 1921 (19 U.S.C.

68 Stat. 1139.

161(a)), is amended by striking the word “report”.

Sec. 312.

Section 208 of the Act of May 27, 1921 (19 U.S.C. 167), is amended by striking the term “collector” where it first appears in the section and inserting in lieu thereof “appropriate customs officer“ and by striking the term “the collector” wherever it thereafter appears in the section and inserting in lieu thereof “such customs officer”.

Sec. 313.

Section 209 of the Act of May 27, 1921, as amended (19 U.S.C. 168), is amended by—

Sec. 314.

Section 211) of the Act of May 27, 1921, as amended (19 U.S.C. 169), is amended by—

Sec. 315.

Section 5 of the Act of February 13, 1911, as amended (19 U.S.C. 261), is amended by striking “, and any customs officer

41 Stat. 402.

who may be designated for that purpose by the collector of customs,”.

Sec. 316.

Section 5 of the Act of February 13, 1911, as amended (19 U.S.C. 267) j is amended by—

Sec. 317.

Section 3111 of the Revised Statutes (19 U.S.C. 282) is amended by striking the words “other or” and by striking the words “the collector or other” and the words “a collector or other” and inserting in lieu thereof in each instance the word “an”.

Sec. 318.

Section 3126 of the Revised Statutes (19 T.S.C. 293) is amended by striking out “collectors” and inserting in lieu thereof “appropriate customs officers”.

Sec. 319.

Section 2863 and 3087 of the Revised Statutes, as amended (19 U.S.C. 341 and 528), are amended by striking the word “collector” and inserting in lieu thereof “appropriate customs officer”.

Sec. 320.

The Act of June 16, 1937 (19 U.S.C. 1435b), is amended

50 Stat. 303.

by—

Sec. 321. repeals

The following laws are hereby repealed: