Page:United States Statutes at Large Volume 52.djvu/1125

 PUBLIC LAWS-CH. 679-JUNE 25, 1938 46 Stat. 728. 19 U.S. C. 1499. Examination of mer- chandise. Security before de- livery from customs custody. 46 Stat. 728. 19U. S.C. §1499. Examination of less than usual portion; restriction. Publication of regu- lations, etc. Validity of appraise- ment where less than statutory quantity ex- amined. 46 Stat. 730. 19 U.S.C.§ 1501. Appeal for reap- praisement, determi- nation of value by Customs Court. Paragraphs redesig- nated. Assignment of pro- test to a single judge for determination if Court declares ap- praisement invalid. 46 Stat. 735. 19 U.S.C. § 1516 (b). Classification, rate of duty, etc. SEC. 15. Section 499 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1499) is hereby amended by striking out from the first sentence thereof the words "except as otherwise provided in this Act" and inserting in lieu thereof the words "except under such bond or other security as may be prescribed by the Secretary of the Treasury to assure compliance with all applicable laws, regulations, and instructions which the Secretary of the Treasury or the Customs Service is authorized to enforce". SEC. 16. (a) Section 499 of the Tariff Act of 1930 (U. S . C., 1934 edition, title 19, sec. 1499) is hereby further amended by inserting after the word "regulation" in the third sentence thereof the fol- lowing: "or instruction, the application of which may be restricted to one or more individual ports or to one or more importations or one or more classes of merchandise,"; by adding after the third sen- tence thereof the following new sentence: "All such special regula- tions or instructions shall be published in the weekly Treasury Decisions within fifteen days after issuance and before the liquidation of any entries affected thereby."; and by adding at the end of such section the following new paragraph: "No appraisement made after the effective date of the Customs Administrative Act of 1938 shall be held invalid on the ground that the required number of packages or the required quantity of the mer- chandise was not designated for examination or, if designated, was not actually examined, unless the party claiming such invalidity shall establish that merchandise in the packages or quantities not designated for examination, or not actually examined, was different from that actually examined and that the difference was such as to establish the incorrectness of the appraiser's return of value; and then only as to the merchandise for which the value returned by the appraiser is shown to be incorrect." (b) Section 501 of the Tariff Act of 1930 (U. S . C ., 1934 edition, title 19, sec. 1501) is hereby amended by striking out the fourth sen- tence of the first paragraph thereof and inserting in lieu thereof the following: "Every such appeal shall be transmitted with the entry and the accompanying papers by the collector to the United States Customs Court and shall be assigned to one of the judges, who shall in every case, notwithstanding that the original appraisement may for any reason be held invalid or void and that the merchandise or samples thereof be not available for examination, after affording the parties an opportunity to be heard on the merits, determine the value of the mer- chandise from the evidence in the entry record and that adduced at the hearing."; and such section 501 is further amended by designating the present two paragraphs thereof as subsections (a) and (b), respec- tively, and by adding after such subsections a new subsection (c) to read as follows: "(c) If upon the hearing of a protest, the United States Customs Court shall declare an appraisement of merchandise made after the effective date of the Customs Administrative Act of 1938 to have been invalid or void, it shall remand the matter to a single judge, who shall proceed to determine the proper dutiable value of such merchandise in the manner provided for by this section. In such proceeding no pre- sumption of correctness shall attach to the invoice or entered values." SEC. 17. (a) Subsection (b) of section 516 of the Tariff Act of 1930 (U. S. C., 1934 edition, title 19, sec. 1516 (b)) is hereby amended to read as follows: "(b) CLASSIrIC~ATON.- Th e 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, 1084 [52 STAT.

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