expiration of the time within which such petition may be filed.

T. D. 44093

T. D. 49318, 42993, 44333.

ANTIDUMPING-PROTESTS AND APPEALS

Art. 870. Procedure.-(a) Antidumping act of 1921, section 210:

* * * The determination of the appraiser or person acting as appraiser as to the foreign market value or the cost of production, as the case may be, the purchase price and the exporter's sales price and the action of the collector in assessing special dumping duty, shall have the same force and effect and be subject to the same right of appeal and protest, under the same conditions and subject to the same limitations; * as in the case of appeals and protests relating to customs duties under existing law. Code, Title 19, sec. 169.)

*

(U. S.

(b) Appeals to reappraisement, review of reappraisements and protests under the antidumping act shall be made in the same manner as appeals and protests relating to customs duties under the existing law.

AMERICAN PRODUCERS' APPEALS AND PROTESTS

Art. 871. Procedure.-(a) Tariff act of 1930, section 516: (a) Value. Whenever an American manufacturer, producer, or wholesaler believes that the appraised value of any imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him is too low, he may file with the Secretary of the Treasury a complaint setting forth the value at which he believes the merchandise should be appraised and the facts upon which he bases his belief. The Secretary shall thereupon transmit a copy of such complaint to the appraiser at each port of entry where the merchandise is usually imported. Until otherwise directed by the Secretary, the appraiser shall report each subsequent importation of the merchandise giving the entry number, the name of the importer, the appraised value, and his reasons for the appraisement. If the Secretary does not agree with the action of the appraiser, he shall instruct the collector to file an appeal for a reappraisement as provided in section 501 of this act, and such manufacturer, producer, or wholesaler shall have the right to appear and to be heard as a party in interest under such rules as the United States Customs Court may prescribe. The Secretary shall notify such manufacturer, producer, or wholesaler of the action taken by such appraiser, giving the port of entry, the entry number, and the appraised value of such merchandise and the action he has taken thereon. If the appraiser advances the entered value of merchandise upon the information furnished by the American manufacturer, producer, or wholesaler, and an appeal is taken by the consignee, such manufacturer, producer, or wholesaler shall have the right to appear and to be heard as a party in interest, under such rules as the United States Customs Court may prescribe. If the American manufacturer, producer, or wholesaler is not satisfied with the action of the Secretary, or the action of the appraiser thereon, he may file, within thirty days after the date of the mailing of the Secretary's notice, an appeal for a reappraisement in the same manner and with the same effect as an appeal by a consignee under the provisions of section 501 of this act.

(b) Classification.-The Secretary of the Treasury shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification of and the rate of duty, if any, imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the proper rate

of duty is not being assessed, he may file a complaint with the Secretary of the Treasury setting forth a description of the merchandise, the classification, and the rate or rates of duty he believes proper, and the reasons for his belief. If the Secretary decides that the classification of or rate of duty assessed upon the merchandise is not correct, he shall notify the collectors as to the proper classification and rate of duty and shall so inform such manufacturer, producer, or wholesaler, and such rate of duty shall be assessed upon all such merchandise imported or withdrawn from warehouse after thirty days after the date of such notice to the collectors. If the Secretary decides that the classification and rate of duty are correct, he shall so inform such manufacturer, producer, or wholesaler, and shall, under such regulations as he may prescribe, cause publication to be made of his decision, together with notice that the classification of and the rate of duty on all such merchandise imported or withdrawn from warehouse after the expiration of thirty days after such publication will be subject to the decision of the United States Customs Court in the event that a protest is filed under the provisions of this subdivision. If dissatisfied with the decision of the Secretary, such manufacturer, producer, or wholesaler may file with him a notice that he desires to protest the classification or the rate of duty imposed upon the merchandise, and upon receipt of such notice the Secretary shall furnish him with such information as to the entries and consignees of such merchandise, entered after the expiration of thirty days after the publication of the decision of the Secretary, at the port of entry designated by the manufacturer, producer, or wholesaler in his notice of desire to protest, as will enable him to protest the classification of or the rate of duty imposed upon such merchandise when liquidated at such port. The Secretary shall direct the collector at such port to notify such manufacturer, producer, or wholesaler immediately upon the liquidation of the first of such entries to be liquidated. Such manufacturer, producer, or wholesaler may file, within thirty days after the date of such liquidation, with the collector of such port a protest in writing setting forth a description of the merchandise and the classification and the rate of duty he believes proper. Upon the filing of any such protest the collector shall notify the Secretary of the Treasury who shall order the suspension, pending the decision of the United States Customs Court upon such protest, of the liquidation, at all ports, of all unliquidated entries of such merchandise imported or withdrawn from warehouse after the. expiration of thirty days after the publication of the Secretary's decision. All entries of such merchandise so imported or withdrawn shall be liquidated, or if already liquidated, shall, if necessary, be reliquidated, in conformity with such decision of the United States Customs Court. If, upon appeal to the Court of Customs and Patent Appeals, the decision of the United States Customs Court is reversed, the classification of the merchandise and the rate of duty imposed thereon shall be in accordance with the decision of the Court of Customs and Patent Appeals, and any necessary reliquidation shall be made. The provisions of this subdivision shall apply only in the case of complaints filed after the effective date of this act.

(c) Hearing and determination.-A copy of every appeal and every protest filed by an American manufacturer, producer, or wholesaler under the provisions of this section shall be mailed by the collector to the consignee or his agent within five days after the filing thereof, and such consignee or his agent shall have the right to appear and to be heard as a party in interest before the United States Customs Court. The collector shall transmit the entry and all papers and exhibits accompanying or connected therewith to the United States Customs Court for due assignment and determination of the proper value or of the proper classification and rate of duty. The decision of the United States Customs Court upon any such appeal or protest shall be final and conclusive upon all parties unless an appeal is taken by either party to the Court of Customs and Patent Appeals, as provided in sections 501 and 515 of this act.

T. D. 44466.

T. D. 42027,

44333.

(d) Inspection of documents. In proceedings instituted under the provisions of this section an American manufacturer, producer, or wholesaler shall not have the right to inspect any documents or papers of the consignee or importer disclosing any information which the United States Customs Court or any judge or division thereof shall deem unnecessary or improper to be disclosed to him.

(b) The powers and duties of the Secretary under the foregoing section are conferred and imposed on the Commissioner of Customs by T. D. 44221.

(c) All complaints under section 516 and requests for information as to classifications and rates of duty under subdivision (b) thereof shall be submitted to the Commissioner of Customs in triplicate. Complaints may be filed by complainants themselves or by duly authorized attorneys or agents on their behalf. When a complaint is filed by a corporation or an association, it must be signed by an officer thereof. When a complaint is filed by a copartnership, it must be signed by a member thereof. The name of the complainant and his principal place of business and the fact that he is an American manufacturer, producer, or wholesaler must be shown. The complaint shall present in detail the information required by section 516, shall show the class or kind of merchandise manufactured, produced, or sold which is claimed to be similar to the imported merchandise in such detail as will permit the commissioner to establish the similarity between the domestic and foreign merchandise, and shall contain such information as the complainant may have as to the port or ports at which such merchandise is being imported into the United States. Complaints shall be itemized as to each class or kind of merchandise involved.

(d) All decisions of the commissioner under section 516 (b) showing the classification and rate of duty which he believes to be correct will be published in the weekly Treasury Decisions.

(e) Upon notice from the Secretary that a complainant desires to file a protest, the collector, in order to facilitate the presentation of the issue to the United States Customs Court in the event a protest is so filed, shall secure accurate and complete information as to the character and description, together with samples, if practicable, of merchandise of the character covered by the complaint, imported or withdrawn from warehouse after the expiration of 30 days from the publication of the Secretary's decision. All information so secured by the collector shall be made available to the complainant upon application by him to the collector.

(f) Notice of the liquidation of the first of the entries to be liquidated shall be given to the complainant by the collector, as required by section 516 (b). If, upon examination of the information secured by the collector as to this entry and inspection of the sample, if any, the complainant believes that the merchandise or the facts surrounding this importation are not sufficient on which to raise the issue involved in the complaint, the collector shall then give the complainant notice of successive liquidations of such entries as will permit the framing of the issue covered by the complaint.

(g) If, after issuing notices as to the liquidation of several entries, none of which is satisfactory to the complainant for the purpose of protest, the collector is of the opinion that the complainant is not sincere in his desire to file a protest, the collector shall, before issuing any further notices, refer the matter to the Secretary of the Treasury for his decision.

(h) In no case shall a collector permit a complainant to inspect any documents or papers of the consignee or importer lodged in the customhouse except upon instructions of the commissioner.

(i) All appeals to reappraisement and protests filed under this provision of law shall be in triplicate.