Page:United States Statutes at Large Volume 84 Part 1.djvu/333

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[84 STAT. 275]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 275]

84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970

  • '§ 1541. Appeals from Customs Court decisions

" (a) The Court of Customs and Patent Appeals has jurisdiction of appeals from all final judgments or orders of the United States Customs Court. "(b) When the chief judge of the Customs Court issues an order under the provisions of section 256(b) of this title; or when any judge in the Customs Court, in issuing any other interlocutory order, mcludes in the order a statement that a controlling question of law is involved as to which there is substantial ground for difference of opinion and that an immediate appeal from its order may materially advance the ultimate termination of the litigation, the Court of Customs and Patent Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That neither the application for nor the granting of an appeal hereunder stays proceedings in the Customs Court unless a stay is ordered by a judge of the Customs Court or by the Court of Customs and Patent Appeals or a judge of that court.

275

Post, p. 211.

APPEALS FROM CUSTOMS COURT DECISIONS—PROCEDURE

SEC. 103. Section 2601 of title 28 of the United States Code is amended to read as follows: "§ 2601. Appeals from Customs Court decisions " (a) A party may appeal to the C^ourt of Customs and Patent Appeals from a final judgment or order of the Customs Court within sixty days after entry of the judgment or order. " (b) An appeal is made by filing in the office of the clerk of the Court of Customs and Patent Appeals a notice of appeal which shall include a concise statement of the errors complained of. A copy of the notice shall be served on the adverse parties. When the United States is an adverse party service shall be made on the Attorney General and the Secretary of the Treasury or their designees. Thereupon, the Court of Customs and Patent Appeals shall order the Customs Court to transmit the record and evidence taken, together with either the findings of fact and conclusions of law or the opinion, as the case may be.

^2 Stat. 979.