Page:United States Statutes at Large Volume 84 Part 1.djvu/336

 278

PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

JURISDICTION OF THE CUS1X)MS COURT

62 Stat. 943.

46 Stat. 590.

52. Stat. 1086;

67 Stat. 519. 19 USC 1520

Post, p. 286. Post, p. 284. Post, p. 285.

Single action

civil

^^^^ jj,)^ Section 1582 of title 28 of the United States Code is iuiiended to read as follows: "§ 1582. Jurisdiction of the Customs Court "(a) The Customs Court shall have exclusive jurisdiction of civil actions instituted by any person whose protest pursuant to the Tarifi' Xdt of 1980, as 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 under section 520(c) of the Tariff Act of 1930, as amended. "(b) The Customs Court slurl have exclusive jurisdiction of civil actions brought by American manufacturers, producers, or wholesalers pursuant to section 516 of the Tariff* Act of 1930, as amended. "(c) The Customs Court shall not have jurisdiction of an action unless (1) either a protest has been filed, as prescribed by section 514 of f]^Q Tariff Act of 1930, as amended, and denied in accordance with xhe provisions of rection 515 of the Tariff' Act of 1930, as amended, or if the action relates to a decision under section 516 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 recti(n 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. '^(d) Only one civil action may be brought in the Customs Couit to contest the denial of a single protest. However, any number of entries of merchandise involving common ij^sues may he 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."" REPEAL OF SFX^TIOX ir,S.'!

62 Stat. 943.

REVIEW OF DECISIONS ON

PROTESTS

SEC. 111. Section 1583 of title 28 of the United States Code is rej^ealed. T I M E FOR C O M M E N C E M E N T OF ACTION

^"P'^'

Post, p. 285.

SKC. 112. Section 2631 of title 28 of the United States Code is amended to read as follows: "§ 2631. Time for commencement of action " (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) 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 rj,^^^^ j ^ ^ ^ ^^ ^g^Q^ ^g amended; or " (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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