Source
(Added Pub. L. 96–417, title III, § 301, Oct. 10, 1980, 94 Stat. 1733; amended Pub. L. 103–182, title VI, § 684(d), Dec. 8, 1993, 107 Stat. 2219.)
References in Text
The Tariff Act of 1930, referred to in subsecs. (a), (b)(1), and (c), is act June 17, 1930, ch. 497,
46 Stat. 590, as amended. Title VII of the Tariff Act of 1930 is classified generally to subtitle IV (§ 1671 et seq.) of chapter
4 of Title
19, Customs Duties. Sections 515, 516, 516A, and 777 of the Tariff Act of 1930 are classified to sections
1515,
1516,
1516a, and
1677f, respectively, of Title
19. For complete classification of this Act to the Code, see section
1654 of Title
19 and Tables.
Prior Provisions
A prior section
2635, acts June 25, 1948, ch. 646,
62 Stat. 981; June 2, 1970,
Pub. L. 91–271, title I, § 116,
84 Stat. 280, related to burden of proof and evidence of value, prior to the general revision of this chapter by
Pub. L. 96–417. See section
2639 of this title.
Amendments
1993—Subsec. (a).
Pub. L. 103–182 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
“(1) Upon service of the summons on the Secretary of the Treasury in any civil action contesting the denial of a protest under section 515 of the Tariff Act of 1930 or the denial of a petition under section 516 of such Act, the appropriate customs officer shall forthwith transmit to the clerk of the Court of International Trade, as prescribed by its rules, and as a part of the official record—
“(A) the consumption or other entry and the entry summary;
“(B) the commercial invoice;
“(C) the special customs invoice;
“(D) a copy of the protest or petition;
“(E) a copy of the denial, in whole or in part, of the protest or petition;
“(F) the importer’s exhibits;
“(G) the official and other representative samples;
“(H) any official laboratory reports; and
“(I) a copy of any bond relating to the entry.
“(2) If any of the items listed in paragraph (1) of this subsection do not exist in a particular civil action, an affirmative statement to that effect shall be transmitted to the clerk of the court.”
Effective Date
Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701 (b)(1)(B) of
Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section
251 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203
(1),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.