Customs Bulletin. Such merchandise entered for consumption or withdrawn from warehouse for consumption after 30 days after the date of publication of such notice to the petitioner in the Customs Bulletin shall be appraised, classified, or assessed as to rate of duty in accordance with the published decision.

(b) Correct appraised value, classification, or rate of duty. If the appraised value of, classification of, or rate of duty upon the imported merchandise which is the subject of the petition is found to be correct, the Commissioner of Customs shall so notify the petitioner, but the decision shall not be published.

§ 175.23 Notice of desire to contest decision.

If the petitioner is dissatisfied with the decision of the Commissioner that the appraised value, classification, or rate of duty is correct for the merchandise which was the subject of the petition, in accordance with section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516) he may file with the Commissioner of Customs not later than 30 days after the date of the decision a notice that he desires to contest the appraised value of, classification of, or rate of duty assessed upon the imported merchandise. Such notice shall designate the port or ports at which such merchandise is being imported into the United States, and at which the petitioner desires to protest.

§ 175.24 Publication following notice of desire to contest.

Upon receipt of a properly filed petitioner's notice that he desires to contest the decision as to the appraised value of, classification of, or rate of duty assessed upon the imported merchandise, the Commissioner of Customs shall cause to be published in the FEDERAL REGISTER and the weekly Customs Bulletin a notice of his decision as to the proper appraised value of, classification of, or rate of duty assessed upon the imported merchandise, and of petitioner's desire to contest the decision.

§ 175.25 Procedure at port of entry designated by petitioner.

(a) Information as to character and description of merchandise. All information secured by the district director for the port designated by the petitioner in

his notice of desire to contest as to the character and description of merchandise of the kind covered by the petition and entered after publication by the Commissioner of Customs of his decision as to the proper appraised value, classification and rate of duty, and samples of such merchandise, shall be made available to the petitioner upon application by him to the district director.

(b) Notice of liquidation. Notice of liquidation of the first of the entries to be liquidated which would enable the petitioner to present the issue desired shall be given to the petitioner by the district director or the designated port as required by section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516).

(c) Further notice when issue not presented. If, upon examination of the information and inspection of any sample supplied by the district director, the petitioner believes and the district director agrees that the merchandise or the facts surrounding this importation are not sufficient to raise the issue involved in the petition, the district director shall then give the petitioner notice of the first liquidation thereafter which will permit the framing of the issue covered by the petition. The district director shall, under the same conditions, continue to give notice for so long as he is of the opinion that the petitioner affirmatively intends to contest. When the district director concludes that the petitioner does not intend to contest the decision of the Commissioner of Customs, he shall refer the matter to the Commissioner of Customs for his decision before issuing any further notice of liquidation.

§ 176.2

Service of notice of appeal.

When the United States is an appellee in an appeal taken to the Court of Customs and Patent Appeals, a copy of the notice of appeal shall be served upon the Assistant Chief Counsel for Customs Court Litigation.

(28 U.S.C. 2601, as amended)

Subpart B-Transmission of Records § 176.11 Transmission of records to Customs Court.

Upon receipt of service of a summons in an action initiated in the Customs Court the following items shall be immediately transmitted to the Customs Court as part of the official record by the Customs officer concerned:

(a) Consumption or other entry;
(b) Commercial invoice;
(c) Special Customs invoice;

(d) Copy of protest and any amendments thereto;

(e) Copy of denial of protest in whole or in part;

(f) Importer's exhibits;

(g) Official samples;

(h) Any official laboratory reports; (i) The summary sheet;

(j) In any case in which one or more of the items listed in paragraphs (a) through (1) of this section do not exist, the Customs officer shall include a statement to that effect, identifying the items which do not exist.

(28 U.S.C. 2632, as amended)

Subpart C-Statement of Agreed Facts

§ 176.21

Referral of statement of agreed facts for certification.

Statements of agreed facts (also referred to as stipulations) to be used by the Department of Justice in submitting cases to the Customs Court may be referred for certification to Customs officials by the office of the Assistant Attorney General, Customs Section, Civil Division, Department of Justice, 26 Federal Plaza, New York, N.Y. 10007. § 176.22 Deletion of protest or entry number.

If any protest number or entry number is to be deleted from a schedule of protest numbers or entry numbers attached to or embodied in a statement of agreed facts, a line shall be drawn through the number and the change shall be initiated by the authorized official making and approving the deletion. Subpart D-Procedure Following Court Decision

§ 176.31

Reliquidation following deci sion of court.

(a) Decision of U.S. Customs Court, Except as provided in paragraph (c) of this section, an entry which is the subject of a decision of the U.S. Customs Court shall be reliquidated in accordance with the judgment order thereon at the expiration of 60 days from the date of the decision, unless an appeal or motion for a rehearing is filed. However, entries which are the subject of decisions of the court following a decision of the Court of Customs and Patent Appeals which involve the same issue, or which are based on submission of an

agreed statement of fact, may be reliquidated immediately upon receipt of the judgment orders from the U.S. Customs Court.

(b) Decision of the Court of Customs and Patent Appeals. Except as provided in paragraph (c) of this section, an entry covering merchandise which is the subject of a decision of the Court of Customs and Patent Appeals shall be reliquidated at the expiration of 90 days from the date of entry of decision by that court and only upon receipt of the judgment order from the U.S. Customs Court. However, no such entry shall be reliquidated pursuant to such order if a petition for certiorari is taken to the Supreme Court.

(c) Waiver of right of appeal. Upon receipt of a letter from the Assistant Attorney General, Civil Division, Department of Justice, signed by the Chief, Customs Section, advising that no appeal will be taken from a decision of the U.S. Customs Court or that it has been determined that no petition for certiorari shall be filed in the Supreme Court to review a decision of the Court of Customs and Patent Appeals, any entry or entries covered by such decision may be reliquidated pursuant to the judgment of the U.S. Customs Court prior to the expiration of the times specified in paragraphs (a) and (b) of this section.

(Sec. 514, 46 Stat. 734, as amended; 19 U.S.C. 1514)

(a) "Commission" means the U.S. Tariff Commission.

(b) "Commissioner" means a Commissioner of the U.S. Tariff Commission.

(c) "Employee" means a Commissioner, employee, or special Government employee of the Commission, but, for the purpose of §§ 200.735-114 to 200.735-123, inclusive, only, the term does not include a Commissioner or a special Government employee.

(d) "Executive order" means Executive Order 11222 of May 8, 1965.

(e) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(f) "Special Government employee" means a "special Government employee" as defined in section 202 of Title 18 of the United States Code who is employed by the Commission.

§ 200.735-103 Counseling service.

To provide advice and guidance to employees of the Commission with regard to the matters covered in this part, a Commissioner shall be designated by the Commission to be the Counselor on such matters and the Assistant General Counsel of the Commission shall be the Deputy Counselor. In the absence of the Assistant General Counsel, an employee designated by the Commission shall act as the Deputy Counselor.

(a) The duties of the Counselor shall consist of:

(1) Supervising the counseling services to be rendered to Commission employees with respect to the matters covered in this part; and

(2) Serving as the Commission's designee to the Civil Service Commission on such matters.

(b) The duties of the Deputy Counselor shall consist of:

(1) Reviewing each statement of employment and financial interests required to be submitted under this part;

(2) Counseling employees with a view to preventing any violation of the standards of conduct or requirements set forth in this part;

(3) Seeking to resolve any indicated conflict with the standards of conduct or requirements set forth in this part; and

(4) Reporting unresolved conflicts to the Commission, through the Counselor, for such action as the Commission may consider appropriate.

(c) The employee involved in any conflict or apparent conflict shall be given an opportunity to explainch conflict or appearance of conflict.

§ 200.735-104 Disciplinary and other remedial action.

(a) An employee who violates any of the regulations in this part may be disciplined. The disciplinary action may be in addition to any other penalty prescribed by law for the violation. In addition to, or in lieu of, disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include, but is not limited to:

(1) Changes in assigned duties; (2) Divestment by the employee of his conflicting interest; or

(3) Disqualification for a particular assignment.

(b) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

Subpart B-Provisions Governing Ethical and Other Conduct and Responsibilities of Employees