Page:United States Statutes at Large Volume 93.djvu/336

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 304

PUBLIC LAW 96-39—JULY 26, 1979 "SEC. 516. PETITIONS BY DOMESTIC INTERESTED PARTIES. "(a) REQUEST FOR CLASSIFICATION AND RATE OF DUTY; PETITION.—

Ante, p. 176.

The Secretary shall, upon written request by an interested party (as defined in section 771(9)(C), (D), and (E) of this Act) furnish the classification and the rate of duty imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by such interested party. If the interested party believes that the appraised value, the classification, or rate of duty is not correct, it may file a petition with the Secretary setting forth— "(1) a description of the merchandise, "(2) the appraised value, the classification, or the rate of duty that it believes proper, and "(3) the reasons for its belief. "(b) DETERMINATION ON PETITION.—If, after receipt and consideration of a petition filed by such an interested party, the Secretary determines that the appraised value, the classification, or rate of duty is not correct, he shall determine the proper appraised value, classification, or rate of duty and shall notify the petitioner of his determination. All such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised, classified, or assessed as to the rate of duty in accordance with the Secretary's determination. "(c) CONTEST BY PETITIONER OF APPRAISED VALUE, CLASSIFICATION, OR RATE OF DUTY.—If the Secretary determines that the appraised

value, classification, or rate of duty with respect to which a petition was filed pursuant to subsection (a) of this section is correct, he shall notify the petitioner. If dissatisfied with the determination of the Secretary, the petitioner may file with the Secretary, not later than thirty days after the date of the notification, notice that it desires to contest the appraised value, classification, or rate of duty. Upon receipt of notice from the petitioner, the Secretary shall cause publication to be made of his determination as to the proper appraised value, classification, or rate of duty and of the petitioner's desire to contest, and shall thereafter furnish the petitioner with such information as to the entries and consignees of such merchandise, entered after the publication of the determination of the Secretary, at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value, classification, or rate of duty imposed upon such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appropriate customs officer at such ports to immediately notify the petitioner by mail when the first of such entries is liquidated.", and (B) by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), and (C) in subsection (f), as that subsection is redesignated by 'subparagraph (B) of this paragraph— (i) by inserting "in the Federal Register by the Secretary or the administering authority of a notice" immediately before "of the court decision", and (ii) by adding at the end thereof the following: "Such notice of the court decision shall be published within ten days from the date of the issuance of the court decision.". (2) AMENDMENT OF SECTION 5 1 5 OF THE TARIFF ACT OF 1930.—

Section 515(a) of such Act (19 U.S.C. 1515(a)) is amended by adding at the end thereof the following: "Such notice shall