Page:United States Statutes at Large Volume 62 Part 1.djvu/1011

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 646-JUNE 25, 1948 981 catalogues, reports or depositions of consuls, customs agents, collec- tors, appraisers, assistant appraisers, examiners, and other officers of the Government may be admitted in evidence. Copies of official docu- ments, 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. 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. § 2634. Witnesses; inspection of documents (a) In any proceeding in the Customs Court, under rules pre- scribed by such court, the parties and their attorneys shall have an opportunity to introduce evidence, to hear and cross-examine the wit- nesses 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. (b) In reappraisement or classification proceedings instituted under section 1516 of Title 19, an American manufacturer, producer, or Pop.l 102. 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. § 2635. Decision of single judge in reappraisement appeal The judge assigned to hear an appeal for reappraisement of mer- chandise shall render his decision in writing, together with a statement of the reasons therefor and of the facts on which his decision is based. § 2636. Review of single judge's decision; disqualification of judges; remand; presumption (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. (b) The chief judge of the Customs Court shall assign every appli- cation for review of the decision of a single judge of such court in a reappraisement proceeding to a division of three judges who shall con- sider the case upon the samples of the merchandise, if any, and the record made before the single judge. The division shall, after hearing argument on the part of any of the interested parties requesting to be heard, affirm, reverse, or modify the decision of the single judge or remand the case to such judge for further proceedings, and shall render its decision in writing, together with a statement of the rea- sons therefor and of the facts on which the decision is based, and shall forward it to the collector of customs. (c) A judge of the Customs Court shall not sit to hear or decide any case on review in which he has previously participated. (d) If upon the hearing of a protest, the court declares an appraise- ment of merchandise made after the effective date of the Customs Ad- ministrative Act of 1938 to have been invalid or void, it shall remand 2 stat. 1077. the matter to a single judge who shall determine the proper dutiable d 9 upp. i, t 100 value of such merchandise in the manner provided by this chapter. - In such proceeding no presumption of correctness shall attach to the invoice or entered values

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