Page:United States Statutes at Large Volume 94 Part 2.djvu/463

 PUBLIC LAW 96-417—OCT. 10, 1980

94 STAT. 1741

or their designees" and inserting in lieu thereof "and any named official". (d) Section 2601(c) of title 28, United States Code, is amended by inserting immediately after the first sentence the following new sentences: "Findings of fact shall not be set aside unless clearly erroneous and due regard shall be given to the opportunity of the Court of International Trade to judge the credibility of the witnesses. A party may raise on appeal the question of whether the findings of fact are clearly erroneous, whether or not the party raising such question made an objection to such findings in the Court of International Trade or made a motion to amend such findings.". (e)(1) Section 2602 of title 28, United States Code, is amended to read as follows: "§ 2602. Precedence of cases 28 USC 2602. "The following civil actions in the Court of Customs and Patent Appeals shall be given precedence, in the following order, over other civil actions pending before the court, and shall be assigned for hearing at the earliest practicable date and expedited in every way: "(1) First, a civil action involving the exclusion of perishable merchandise or the redelivery of such merchandise. "(2) Second, a civil action for the review of a determination under section 516A(a)(l)(B)(i) or (ii) of the Tariff Act of 1930. 19 USC I5l6a. "(3) Third, a civil action commenced under section 515 of the Tariff Act of 1930 involving the exclusion or redelivery of 19 USC 1515. merchandise. "(4) Fourth, a civil action commenced under section 516 or 516A of the Tariff Act of 1930, other than a civil action described 19 USC 1516, 1516a. in paragraph (2) of this section. "(5) Fifth, an appeal from findings of the Secretary of Commerce provided for in headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States (19 U.S.C. 1202).". (2) The item relating to section 2602 in the section analysis of chapter 167 of title 28, United States Code, is amended to read as follows: "2602. Precedence of cases.". RULES OF EVIDENCE

SEC. 404. (a) Chapter 167 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§2603. Rules of evidence "Except as provided in section 2639 or 2641(b) of this title or in the rules prescribed by the court, the Federal Rules of Evidence shall apply in the Court of Customs and Patent Appeals in any appeal from the Court of International Trade.". 0)) The section analysis of chapter 167 of title 28, United States Code, is amended by adding at the end thereof the following new item: "2603. Rules of evidence.". JUDICIAL CONFERENCE

SEC. 405. (a) Chapter 167 of title 28, United States Code, as amended by section 404 of this Act, is further amended by adding at the end thereof the following new section:

28 USC 2603. Ante, pp. 1736, 1737. 28 USC app.

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