Page:United States Statutes at Large Volume 94 Part 2.djvu/458

 94 STAT. 1736

19 USC 1516. 28 USC 1581.

28 USC 2638 19 USC 1515.

19 USC 1514. 28 USC 2639 19 USC 1515^^^^^

Ante, p. 1729. Ante, p. 1728.

28 USC 2640.

PUBLIC LAW 96-417—OCT. 10, 1980

International Trade only if all liquidated duties, charges, or exactions have been paid at the time the action is commenced, except that a surety's obligation to pay such liquidated duties, charges, or exactions is limited to the sum of any bond related to each entry included in the denied protest. "(b) A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 may be commenced in the Court of International Trade only by a person who has first exhausted the procedures set forth in such section. "(c) A civil action described in section 1581(h) of this title may be commenced in the Court of International Trade prior to the exhaustion of administrative remedies if the person commencing the action makes the demonstration required by such section. "(d) In any civil action not specified in this section, the Court of International Trade shall, where appropriate, require the exhaustion of administrative remedies. «'§ 2638. New grounds in support of a civil action "In any civil action under section 515 of the Tariff Act of 1930 in which the denial, in whole or in part, of a protest is a precondition to the commencement of a civil action in the Court of International Trade, the court, by rule, may consider any new ground in support of the civil action if such new ground— "(1) applies to the same merchandise that was the subject of the protest; and "(2) is related to the same administrative decision listed in section 514 of the Tariff Act of 1930 that was contested in the protest. "§ 2639. Burden of proof; evidence of value "(a)(1) Except as provided in paragraph (2) of this subsection, in any civil action commenced in the Court of International Trade under section 515, 516, or 516A of the Tariff Act of 1930, the decision of the Secretary of the Treasury, the administering authority, or the International Trade Commission is presumed to be correct. The burden of proving otherwise shall rest upon the party challenging such decision. "(2) The provisions of paragraph (1) of this subsection shall not apply to any civil action commenced in the Court of International Trade under section 1582 of this title. "(b) In any civil action described in section 1581(h) of this title, the person commencing the action shall have the burden of making the demonstration required by such section by clear and convincing evidence. "(c) Where the value of merchandise or any of its components is in issue in any civil action in the Court of International Trade— "(1) reports or depositions of consuls, customs officers, and other officers of the United States, and depositions and affidavits of other persons whose attendance cannot reasonably be had, may be admitted into evidence when served upon the opposing party as prescribed by the rules of the court; and "(2) price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material. "§ 2640. Scope and standard of review "(a) The Court of International Trade shall make its determinations upon the basis of the record made before the court in the following categories of civil actions:

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