Page:United States Statutes at Large Volume 62 Part 1.djvu/1010

 980 PUBLIC LAWS-CH. 646-JUNE 25, 1948 [62 STAT. In cases arising in the Territories and Possessions ninety days shall be allowed for making such application. The application shall be made by filing in the office of the clerk of the Court of Customs and Patent Appeals a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the Court of Customs and Patent Appeals shall immediately order the Customs Court to trans- mit the record and evidence taken, together with a certified statement of the facts involved in the case and the decision thereon; and all the evidence taken by and before the Customs Court shall be competent evidence before the Court of Customs and Patent Appeals. The deci- sion of the Court of Customs and Patent Appeals shall be final unless set aside or modified by the Supreme Court, and the case shall be remanded to the Customs Court for further proceedings to be taken in pursuance of such decision. § 2602. Precedence of classification cases Every proceeding in the Court of Customs and Patent Appeals, relating to classification of merchandise or rate of duty assessed Post, p. 1002. thereon, and arising under section 1516 (b) of Title 19, shall be given precedence over other cases on the docket of such court, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. CHAPTER 169-CUSTOMS COURT PROCEDURE Sec. 2631. Appeal for reappralsement; assignment to single judge; hearing. 2632. Notice. 2633. Evidence of value, upon reappraisement; burden of proof. 2634. Witnesses; inspection of documents. 2635. Decision of single judge in reappraisement appeal. 2636. Review of single judge's decision; disqualification of judges; remand; presumption. 2637. Review of decisions of divisions. 2638. Precedence of classification cases. 2639. Analysis of Imported merchandise. 2640. Rehearing or retrial. 2641. Frivolous protest or appeal. 2642. Disqualification of judge. § 2631. Appeal for reappraisement; assignment to single judge; hearing Every written appeal to the Customs Court for a reappraisement of merchandise shall be assigned to one of the judges of such court who shall after affording the parties an opportunity to be heard on the merits, determine the value of such merchandise. His determination shall be made from the evidence in the record and that adduced at the hearing, notwithstanding that the merchan- dise and samples thereof are not available for examination and without regard to any invalidity of the original appraisement. § 2632. Notice Reasonable notice of the time and place of hearing before a judge or division of the Customs Court shall be given to all parties to any proceeding, under rules prescribed by such court. § 2633. Evidence of value, upon reappraisement; burden of proof In finding the value of merchandise, in reappraisement proceedings before a single judge of the Customs Court, affidavits and depositions of persons whose attendance cannot reasonably be had, price lists and

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