Page:United States Statutes at Large Volume 84 Part 1.djvu/337

 84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

'279

" (b) An action over which the court has jurisdiction under section 1582(b) of this title is barred unless commenced within thirty days after the date of mailing of a notice sent pursuant to section 516(c) of the Tariff Act of 1930, as amended."

Ante,

p. 278.

^°^'' P- ^se.

CUSTOMS COURT PROCEDURE A N D F E E S

SEC. 118. Section 2632 of title 28 of the United States Code is amended to read as follows: "§ 2632. Customs Court procedure and fees "(a) A party may contest denial of a protest under section 515 of the Tariff Act of 1930, as amended, or the decision of the Secretary of the Treasury made under section 516 of the Tariff Act of 1930, as amended, by bringing a civil action in the Customs Court. A civil action shall be commenced by filing a summons in the form, manner, and style and with the content prescribed in rules adopted by the court. "(b) There shall be a filing fee payable upon commencing an action. The amount of the fee shall be fixed by the Customs Court but shall be not less than $5 nor more than the filing fee for commencing a civil action in a United States district court. The Customs Court may fix all other fees to be charged by the clerk of the court. "(c) The (^ustoms Court shall provide by rule for pleadings and other papers, for their amendment, service, and filing, for consolidations, severances, and suspensions of cases, and for other procedural matters. ""(d) The Customs Court, by rule, may consider any new ground in support of a civil action if the new ground (1) applies to the same merchandise that was the subject of the protest; and (2) is related to the same administrative decision or decisions listed in section 514 of the Tariff Act of 1930, as amended, that were contested in the I)rotest. ''(e) All pleadings and other papers filed in the Customs Court shall be served on all the adverse parties in accordance with the rules of the court, AVhen the United States is an adverse party, service of the summons shall be made on the Attorney General and the Secretary of the Treasury or their designees. " (f) Upon service of the summons on the Secretary of the Treasury or his designee, the appropriate customs officer shall forthwith transmit the following items, if they exist, to the United States Customs Court as part of the official record of the civil action: (1) consumption or other entry; (2) commercial invoice; (3) special Customs invoice; (4) copy of protest; (5) copy of denial of protest in whole or in part; (6) importer's exhibits; (7) official samples; (8) any official laboratory rejwrts; and (9) the summary sheet. If any of the aforesaid items do not exist in the particular case, an affirmative statement to that effect shall be transmitted as part of the official record." P R E C E D E N C E O F AMERICAN

M A N U F ACT U R E R, PHODI'CER. OR CASES

WHOLESALER

SEC. 114. Section 2633 of ttile 28 of the United States Code is amended to read as follows: "§2633. Precedence of American manufacturer, producer, or wholesaler cases "Every proceeding in the Customs Court arising under section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the dwket of the court, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way." 47-348 O - 72 - 22 (Pt. 1)

62 Stat. 98o.

^°s'' P- 285. Post,

p. 286.

Filing fee.

^°«f' P- 284. Service of summons.

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