Page:United States Statutes at Large Volume 84 Part 1.djvu/339

 84 STAT. ] DECISIONS;

PUBLIC LAW 91-271-JUNE 2, 1970 FINDINGS

OF FACT AND CONCLUSIONS OPINIONS

OF L A W;

^581 EFFECT

OF

S m 119. Section 2638 of title 28 of the United States Code is amended to read as follows: "§2638. Decisions; findings of fact and conclusions of law; eifect of opinions " (a) A decision of the judge in a contested case shall be supported by either (1) a statement of findings of fact and conclusions of law, or (2) an opinion stating the reasons and facts upon which the decision is based. " (b) The decision of the judge is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2689 of this title or an appeal is made to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title."

^^ Stat. 982.

^"^'•a^"'e, p. 275.

RETRIAL OR R E H E A R I N G

SEC. 120. Section 2639 of title 28 of the United States Code is amended to read as follows: "§2639. Retrial or rehearing "The judge who has rendered a judgment or order may, upon motion of a party or upon his own motion, grant a retrial or a rehearing, as the case may be. A party's motion must be made or the judge's action on his own motion must be taken, not later than thirty days after entry of the judgment or order." REPEAL OF S E C T I O N S 2 6 4 0. 2 0 4 1. 2 6 4 2 KEHEARIN(} OR R E T R I A L; FRIVOLOUS PROTEST OR A P P E A L; AMENDMENT OF PROTESTS, APPEAI.S. A N D PLEADINGS

SEC. 121. Sections 2640, 2641, and 2642 of title 28 of the United States Code are repealed.

62 Stat. 982; 63 Stat. 106.

EFFECTIVE DATE

SEC. 122. (a) This title shall become effective on October 1, 1970, and shall thereafter apply to all actions and proceedings in the Customs Court and the Court of Customs and Patent Appeals except those involving merchandise entered before the effective date for which trial has commenced by such effective date. (b) An appeal for reappraisement timely filed with the Bureau of Customs before the effective date, but as to v.iiich trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. When the judgment or order of the United States Customs Court has become final in this appeal, the papers shall be returned to the appropriate customs officer to decide any remaining matters relating to the entry in accordance with section 500 of the Tariff Act of 1930, as amended. A protest or summons filed Post, p. 283. after final decision on an appeal for reappraisement shall not include issues vrhich were raised or could have been raised on the appeal for reappraisement. (c) A protest timely filed with the Bureau of Customs before the effective date of enactment of this Act, which is disallowed before that date, and as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. (d) All other provisions of this Act shall apply to appeals and disallowed protests deemed to have had summonses timely and properly filed under this section.

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