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LETTER OF INSTRUCTION
OFFICE OF THE SECRETARY, Washington, D. C., June 30, 1938.
The following instructions are published for the information and guidance of custcms officers and others concerned:
1. Decisions of the United States Customs Court adverse to the Government will, if not appealed from, take effect 60 days after their respective dates, except that decisions based on protests filed in Alaska and in the insular and other outside possessions of the United States will take effect 90 days after their respective dates, in accordance with section 198 of an act entitled, “An act to codify, revise, and amend the laws relating to the judiciary,” approved March 3, 1911. Entries covering the merchandise the subject of such decisions will be reliquidated in harmony therewith at the expiration of the period mentioned, except that entries covering merchandise the subject of decisions of said court which follow a given decision of the Court of Customs and Patent Appeals involving the same issue will be reliquidated immediately upon receipt of orders from the United States Customs Court.
2. Entries the subject of protests which have not been forwarded to the United States Customs Court, and which are covered in principle by a given decision of the Court of Customs and Patent Appeals, will be reliquidated in harmony with the said decision after 30 days have elapsed from the date thereof.
3. Unliquidated entries which involve issues covered by a given decision of the Court of Customs and Patent Appeals, and which would in ordinary course be liquidated within 30 days after the rendering of such decision, will be suspended until 30 days have elapsed from the date of such decision, and will then be liquidated in accordance with the principle laid down by the court.
4. In the absence of specific instructions from the Department to the contrary, decisions of the United States Customs Court adverse to the Government, if appealed from by the Department, will not result in any change of practice prior to the decision of the appeal by the Court of Customs and Patent Appeals.
5. Decisions of the Court of Customs and Patent Appeals adverse to the Government will become effective upon the issuing of orders by the United States Customs Court pursuant to the mandates of the Court of Customs and Patent Appeals. Entries covering the merchandise the subject of such decisions will be reliquidated only upon receipt of such orders.
HENRY MORGENTHAU, Jr.,
Secretary of the Treasury.
(T. D. 49315)
B. A. I. order 353, as amended (T. D. 47930, T. D. 48350, T. D. 48672, T. D.
48981, T. D. 49050 and T. D. 49216), an order to prevent the introduction into the United States of rinderpest and of foot-and-mouth disease, further amended
Washington, D. C., December 27, 1937. To Collectors of Customs and Others Concerned:
With reference to article 612 (6) of the Customs Regulations of 1937, you are advised that amendment 11 to B. A. I. order 353 has been issued by the Secretary of Agriculture, effective December 7, 1937. Customs officers and others concerned will be governed accordingly. Copies of the amendment have been sent to all collectors of customs. (56910).
JAMES H. MOYLE, Commissioner of Customs,
(T. D. 49316)
Proclamation of the President extending the time within which domestic animals,
straying or driven across the boundary line into a foreign country, together with their offspring, may be returned to the United States free of duty
TREASURY DEPARTMENT, December 28, 1937. To Collectors of Customs and Others Concerned:
There is published below for your information and guidance a proclamation by the President dated December 6, 1937, issued under the authority of section 318 of the Tariff Act of 1930 (46 Stat. 696; U.S. C. title 19, sec. 1318), extending the temporary pasturage privilege provided for by subparagraph (c) of paragraph 1606 of section 201 of the