Page:United States Statutes at Large Volume 93.djvu/335

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 303

ruling on a request for such injunctive relief, the court shall consider, among other factors, whether— "(A) the party filing the action is likely to prevail on the merits, ' "(B) the party filing the action would be irreparably harmed if liquidation of some or all of the entries is not enjoined, "(C) the public interest would best be served if liquidation is enjoined, and "(D) the harm to the party filing the action would be

'

greater if liquidation of some or all of the entries is not enjoined than the harm to other persons if liquidation of some or all of the entries is enjoined. "(3) REMAND FOR FINAL DISPOSITION.—If the final disposition of an action brought under this section is not in harmony with the published determination of the Secretary, the administering authority, or the Commission, the matter shall be remanded to the Secretary, the administering authority, or the Commission, as appropriate, for disposition consistent with the final disposition of the court. "(d) STANDING.—Any interested party who was a party to the proceeding under section 303 of this Act or title VII of this Act shall 19 USC 1303; have the right to appear and be heard as a party in interest before the '^"^^' P- ^^^• United States Customs Court. The party filing the action shall notify all interested parties of the filing of an action pursuant to this section. "(e) LIQUIDATION IN ACCORDANCE WITH FINAL DECISION.—If

the

cause of action is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals— "(1) entries of merchandise of the character covered by the published determination of the Secretary, the administering authority, or the Commission, which is entered, or withdrawn from warehouse, for consumption after the date of publication in the Federal Register by the Secretary or the administering authority of a notice of the court decision, and "(2) entries, the liquidation of which was enjoined under subsection (c)(2), shall be liquidated in accordance with the final court decision in the action. Such notice of the court decision shall be published within ten days from the date of the issuance of the court decision. "(f) DEFINITIONS.—For purposes of this section— "(1) ADMINISTERING AUTHORITY.—The term 'administering authority' means the administering authority described in section 771(1) of t h i s Act.

"(2) COMMISSION.—The term 'Commission' means the United States International Trade Commission. "(3) INTERESTED PARTY.—The term 'interested party' means any person described in section 771(9) of this Act. "(4) SECRETARY.—The term 'Secretary' means the Secretary of the Treasury.", (b) CONFORMING AMENDMENTS. — (1) AMENDMENT OF SECTION 516 O F THE TARIFF ACT OF I 9 3 0. —

Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is amended— (A) by striking out so much of such section as precedes subsection (e) and inserting in lieu thereof the following:

Ante, p. 176.