Page:United States Statutes at Large Volume 46 Part 1.djvu/778

 SEVENTY-FIRST C ONGRESS. SEss. II. CR. 497. 1930 . the case of the original liquidation, and against which protest may be filed within the same time and in the same manner and under the same conditions as against the original liquidation or decision. If the collector shall, upon such review, affirm his original decision, or if a protest shall be filed against his modification of any decision, and, in the case of merchandise entered for consumption, if all duties and charges shall be paid, then the collector shall forthwith transmit the entry and the accompanying papers, and all the exhibits connected therewith, to the United States Customs Court for due assignment and determination, as provided by law. Such determination shall be final and conc lusive upon a ll persons, a nd the papers transmitted shall be returned, with the decision and judgment order thereon, to the collector, who shall take action accordingly, except in cases in which an appeal shall be filed in the United States Court of Customs and Patent Appeals within the time and in the manner provided by law. SEC. 516. AP PEAL OR PR OTEST BY A MERIC AN PR ODUCE RS. (a) VALuE .-Whenever an American manufacturer, producer, or wholesaler bel ieves that th e appraised v alue of any im ported mer- chandise of a class or kind manufactured, produced, or sold at whole- sale by him is too low, he may file with the Secretary of the Treasury a complaint se tting forth t he value at w hich he believ es the mer- chandise should be appraised and the facts upon which he bases his belief. The Secretary shall thereupon transmit a copy of such com- plaint to the appraiser at each port of entry where the merchandise is usually imported. Until otherwise directed by the Secretary, the appraiser shall report each subsequent importation of the merchan- dise giving the entry number, the name of the importer, the appraised value, and his reasons for the appraisement. If the Secretary does not agree with the action of the appraiser, he shall instruct the col- lector to file an appeal for a reappraisement as provided in section 501 of this Act, and such manufacturer, producer, or wholesaler shall have the right to appear and to be heard as a party in interest under such rules as the United States Customs Court may prescribe. The Secretary shall notify such manufact urer, producer, or whole- saler of the action taken by such appraiser, giving the port of entry, the entry numb er, and the a ppraised valu e of such merc handise and the action he has taken thereon. If the appraiser advances the entered value of merchandise upon the information furnished by the American manufacturer, producer, or wholesaler, and an appeal is taken by the consignee, such manufacturer, producer, or wholesaler shall have the right to appear and to be heard as a party in interest, under such rules as the United States Customs Court may prescribe. If the American manufacturer, producer, or wholesaler is not satisfied with the action of the Secretary, or the action of the appraiser thereon, he may file, within thirty days after the date of the mailing of the Secretary's notice, an appeal for a reappraisement in the same manner and with the same effect as an appeal by a consignee under the provisions of section 501 of this Act. (b) CLASSIFICATION .-The Secretary of the Treasury shall, upon written request by an American manufacturer, producer, or whole- saler, furnish the classification of 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 manu- factur er, pro ducer, or who lesaler belie ves tha t the p roper rate of duty is not being assessed, he may file a complaint with the Secretary of the Treasury setting forth a description of the merchandise, the 735 ADMIN ISTR ATIV E PR O- VISIO NS. Transmittal t o Cu s- toms Court if original decision confirmed. Det erm in ati on of court final unless ap- peal filed in Court of Customs and Patent Appea ls. American producers. Proceedings on com- plaint of, that imports similar to their prod- uc ts are assessed too low. Copy of, to appraisers at different ports. Reapp raisa l if Secr e- ta ry disagrees wi th app rai ser. Notification to com- plainant, etc . Appeal by consignee If appraiser advances value. Producer may appeal for reappraisement if action unsat isfactory. Classificatio n, etc. , of designated imports to be furnished to Amer- ican producers of sim- ilar goods. Complaint of rating, etc.

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