Page:United States Statutes at Large Volume 84 Part 1.djvu/338

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PUBLIC LAW 91-271-JUNE 2, 1970

[84 STAT.

NOTICE 62 Stat. 9 8 1.

SEC. 115. Section 2634 of title 28 of the United States Code is amended to read as follows: . i, -. "§2634. Notice ''Reasonable notice of the time and place of trial before a judge of the Customs Court shall be given to all parties to any proceeding, under rules prescribed by the court." BURDEN OF P R O O F; EVIDENCE OF VALUE

SEC. 116. Section 2635 of title 28 of the United States Code is amended to read as follows: "§ 2635. Burden of proof; evidence of value "In any matter in the Customs Court: " (a) The decision of the Secretary of the Treasury, or his delegate, is presumed to be correct. The burden to prove otherwise shall rest upon the party challenging a decision. "(b) Where the value of merchandise is in issue: officers of the United States and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted in evidence when served upon the opposing party in accordance with the rules of the court. "'(2) Price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material. "(c) The value of merchandise shall be determined from the evidence in the record and that adduced at the trial whether or not the merchandise or samples thereof are available for examination." A N A L Y S I S OF IMPORITSD M E R C H A N D I S E
 * '(1) Reports or depositions of consuls, customs officers, and other

''

' *

SEC. 117. Section 2636 of title 28 of the United States Code is amended to read as follows: "§ 2636. Analysis of imported merchandise "A judge of the Customs Court may order an analysis of imported merchandise and reports thereon by laboratories or agencies of the United States." WITNESSES; INSPECTION OF DOCUMENTS

SEC. 118. Section 2637 of title 28 of the United States Code is amended to read as follows: "§2637. Witnesses; inspection of documents " (a) In any proceeding in the Customs Court, under rules prescribed by the court, the parties and their attorneys shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses 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) I n an action instituted by an American manufacturer, producer, or wholesaler, the plaintiff' nuiy not inspect any documents or papers of a consignee or miporter disclosing any information which the Customs Court deems unnecessary or improper to be disclosed."

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