a person who has filed a protest pursuant to section 515 of the Tariff Act of 1930, as amended, or by that person's surety, and within the time period specified in section 2635 (a). All liquidated duties or exactions shall have been paid at the time the action is filed; Provided that, a surety's obligation to pay such liquidated duties or exactions shall be limited to the penal sum of any bond relating to each entry included in a denied protest. If a surety institutes an action in the Customs Court, any recovery of the surety shall be limited to the amount of the liquidated duties or exactions it paid on an entry.

"(b) A suit may be instituted pursuant to section 516 of the Tariff Act of 1930, as amended, only by a person who has first exhausted the procedures specified in that section.

"(c) In all other cases, the Customs Court, where appropriate, shall require the exhaustion of administrative remedies.

"(d) In extraordinary circumstances, stated in writing and supported by oath or affirmation, any person who would have a right to institute a civil action in the Customs Court upon the exhaustion of administrative remedies may petition the Customs Court for preliminary injunctive relief and the Customs Court may, after hearing, and upon a determination that the petitioner will otherwise suffer substantial irreparable injury, and upon a consideration of other relevant factors including the effect of the requested action on the public interest, grant appropriate preliminary or permanent injunctive relief.

"§ 2637. New grounds in support of a civil action

"Where the denial, in whole or in part, of a protest under section 515 of the Tariff Act of 1930, as amended, is a precondition to the institution of a civil action in the Customs Court, the court, by rule, may consider any new ground in support of the civil action if the new ground (1) applies to the same merchandise that was the subject of the protest; and (2) is related to the same administrative decision or decisions listed in section 514 of the Tariff Act of 1930, as amended, that was or were contested in the protest.

"§ 2639. Burden of proof; evidence of value

"In any matter in the Customs Court except an action transferred to the Customs Court pursuant to section 1591 (d) of this title:

"(1) The decision of the Secretary of the Treasury, or his delegate, is presumed to be correct. The burden to prove otherwise shall rest upon the party challenging a decision.

"(2) Where the value of merchandise is in issue:

"(A) Reports or depositions of consuls, customs officers, and other officers of the United States and depositions and affidavits of other persons whose attendance cannot reasonably be had may be admitted into evidence when served upon the opposing party in accordance with the rules of the court.

"(B) Price lists and catalogs may be admitted in evidence when duly authenticated, relevant, and material.

"(C) The value of merchandise shall be determined from the evidence in the record and that adduced at trial whether or not the merchandise or sample thereof is available for examination.

"§ 2640. Scope and standard of review

"(a) Unless a particular issue presented is of a type traditionally viewed as suitable for determination under any other standard of review, the Customs Court, in the following specified categories of civil actions, shall determine the matter upon the basis of the record made before the court:

"(1) Cases arising under the indicated sections of title 28, United States Code, involving

"(i) the appraised value of merchandise (section 1584);

"(ii) the classification and rate and amount of duties or fees chargeable (section 1584);

"(iii) the required redelivery of imports pursuant to the terms of an entry bond or the exclusion of merchandise from entry or delivery under the customs laws or pursuant to an action of the Customs Service not taken upon the request or direction of a court or other Federal agency (except the exclusion of imports alleged to be pornographic) (section 1585);

"(iv) all charges or exactions imposed upon imported articles (including cases subject to judicial review as provided in section 210 of the Antidumping Act, 1921, as amended (19 U.S.C. § 169) and cases involving the imposition upon specific entries of imports of countervailing duties pursuant to section 303 of

the Tariff Act of 1930, as amended) whether imposed by the Secretary of the Treasury or otherwise (section 1586);

"(v) the refusal to pay a claim for a drawback (section 1587);

"(vi) the liquidation or reliquidation of an entry or a modification thereof (section 1588); or

"(vii) the refusal to reliquidate an entry under section 520 (c) of the Tariff Act of 1930, as amended (section 1589).

"(2) Cases instituted pursuant to section 516 (c) of the Tariff Act of 1930, as amended.

"(b) In cases instituted pursuant to section 516(d) of the Tariff Act of 1930, as amended, the court shall determine the matter as specified in section 706 (1) and 706 (2) (A) through (D) inclusive, of title 5, United States Code.

"(c) In cases instituted pursuant to section 516 (i) of the Tariff Act of 1930, as amended, the court shall determine the matter as specified in that subsection. "(d) In all other cases, the court shall determine the matter as provided in section 706 of title 5, United States Code.

"§ 2641. Witnesses; inspection of documents

"(a) In any civil action in the Customs Court, under rules prescribed by the court, the parties and their attorneys shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party and to inspect all samples and all papers admitted or offered as evidence except as provided in subsection (b). The Federal Rules of Evidence shall be applicable to all proceedings in the Customs Court except as provided in section 2639 or subsection (b) of this section.

"(b) In any civil action, the Customs Court may order that trade secrets and commercial or financial information which is privileged and confidential of a nonparty to the action or of a party or information provided to the United States by foreign governments or foreign persons shall not be disclosed or shall be disclosed to a party or its counsel only under such terms and conditions as the court may provide.

"§ 2643. Relief

"(a) In any case instituted pursuant to sections 1586, 1587, 1588, 1589, 1590, and 1591 of title 28, United States Code; and section 516 (c) of the Tariff Act of 1930, as amended, the Customs Court, if appropriate, may enter a money judgment for and against the United States.

"(b) If, in any civil action referred to in subparagraph (a) of section 2640 of this title, the plaintiff both (1) proves that the original decision was incorrect and (2) introduces evidence as to the correct decision, but the Customs Court, based upon the evidence introduced by both the plaintiff and the defendant, is unable to determine the correct decision, the court shall either restore the case to the calendar in order to permit the parties to introduce additional evidence or remand the matter to the Customs Service for a determination of the correct decision. The order of restoration or remand shall be final and appealable pursuant to sections 1541 (a) and 2601 of this title. The decision of the Customs Service upon a remand shall be subject to protest and judicial review in the same manner and under the same procedure as was the oriignal decision. "(c) Except as provided in paragraphs (a) and (b) of this section and section 516 (i) of the Tariff Act of 1930, as amended, the Customs Court, in any civil action may order any form of relief which is appropriate including, but not limited to, declaratory judgments, orders of remand, writs of mandamus and prohibition and injunction.

"§ 2644. Decisions; findings of fact and conclusions of law; effect of opinions

“(a) A decision of the judge in a contested case or a decision granting or refusing an interlocutory injunction shall be supported by either (1) a statement of findings of fact and conclusions of law, or (2) an opinion stating the reasons and facts upon which the decision is based.

"(b) Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.

"Upon motion of a party made not later than 10 days after entry of judgment the court may amend its findings or make additional findings and may amend the judgment accordingly. A party may raise the question of the sufficiency of the evidence to support findings of fact whether or not the party raising the question has made an objection to such findings in the Customs Court or has made a motion to amend them or a motion for judgment.

"(e) The decision of the judge is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2645 of this title or an appeal is made to the Court of Customs and Patent Appeals within the time and the manner provided in section 2601 of this title.

Ҥ 2646. Precedence of American manufacturer, producer, and wholesaler cases "Every case instituted under sections 1585 and 1591 of title 28 or section 516 of the Tariff Act of 1930, as amended, shall be given precedence over other cases on the docket of the court and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.".

TITLE V-COURT OF CUSTOMS AND PATENT APPEALS

SEC. 501. Section 1541 of title 28, United States Code, is amended by(1) redesignating paragraph (b) as paragraph (c); and

(2) by inserting the following new paragraph:

"(b) The Court of Customs and Patent Appeals has jurisdiction of appeals from interlocutory orders of the Customs Court, or of the judges thereof, granting, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions.".

SEC. 502. (a) Paragraph (a) of section 2601 of title 28, United States Code, is amended by adding the following new sentence: "If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days after the date on which the first notice of appeal was filed.”.

(b) The first sentence of paragraph (b) of section 2601 of title 28, United States Code, as amended by this Act, is amended by inserting the following after the word "appeal" where it first appears: "or cross-appeal”.

"(c) Section 2601 of title 28, United States Code, is amended by deleting the following from the first sentence of paragraph (b): "which shall include a concise statement of the errors complained of", and, by inserting a period after the word "cross-appeal” as inserted in that sentence by paragraph (b) of this section of this Act.

"(d) The second sentence of paragraph (b) of section 2601 of title 28, United States Code, is amended by deleting all that appears after the term "General" and inserting, in lieu thereof, the following-"and the relevant Government official or officials or his or her designee or designees."

SEC. 503. Chapter 93 of title 28, United States Code, is amended by inserting the following new section:

"§ 1546.

Rules of evidence; powers in law and equity; exclusive jurisdiction

"(a) Except as provided in section 2639 or subsection (b) of section 2641 of title 28, as contained in this Act, the Federal Rules of Evidence shall be applicable in the Court of Customs and Patent Appeals in any appeal from the United States Customs Court.

“(b) The Court of Customs and Patent Appeals shall possess all the powers in law and equity of, or as conferred by statute upon, a court of appeals of the United States.

"(c) The Court of Customs and Patent Appeals shall possess exclusive jurisdiction to review

"(1) any decision of the Secretary of the Treasury to deny or revoke a customs brokers' license under section 641(b) of the Tariff Act of 1930, as amended, or "(2) any action challenging an order to revoke or suspend a license under section 641 (b) of the Tariff Act of 1930, as amended.

"(d) The Court of Customs and Patent Appeals shall possess exclusive jurisdiction to review any decision of the Secretary of Labor or the Secretary of Commerce certifying or refusing to certify workers, communities, or businesses as eligible for adjustment assistance under the Trade Act of 1974. This jurisdiction shall not extend to any other decision of the Secretary of Labor or the Secretary of Commerce, except as otherwise provided by law.

"(e) No injunction or writ of mandamus shall be issued in any case arising under subsections (c) and (d) of this section."

Sec. 504. (a) The title of section 333 of title 28, United States Code, is amended by deleting the term "of circuits" and by inserting a period after the word "conferences".

"(b) Section 333 of title 28, United States Code is amended by inserting “(a)” before the first word thereof and by inserting the following after the third

paragraph thereof—“(b) The Court of Customs and Patent Appeals is authorized to conduct an annual judicial conference for the purposes specified in subsection (a) of this section."

TITLE VI-MISCELLANEOUS

Sec. 601. (a) The title of section 516 of the Tariff Act of 1930 (46 Stat. 735) is amended to read as follows: "§ 516. Suits by American manufacturers, producers, or wholesalers and by adversely affected parties."

(b) Subsection 516(a) of the Tariff Act of 1930, as amended (19 U.S.C. 1516(a)), is hereby amended to read as follows:

"(a) The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish: (1) the appraised value, (2) the classification, (3) the rate or amount of duty, (4) the additional duty described in section 303 of the Tariff Act of 1930, as amended (hereinafter in this section referred to as 'countervailing duties'), if any, and (5) the special duty described in section 202 of the Antidumping Act, 1921, as amended (hereinafter in this section referred to as 'antidumping duties'), if any, imposed upon any designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him, her, or it or (6) shall state whether the designated imported merchandise is excluded from entry under the customs laws or by virtue of any action of the Customs Service not taken at the request or direction of any court or other Federal agency.

"Any one or more of the matters enumerated in this subsection is hereinafter referred to as "countervailing duties'), if any, and (5) the special duty de"If such person believes that the Secretary's decision is not correct, he, she or it may, except as provided in subsection (d) of this section, file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, the rate or amount of duty that he, she, or it believes proper, or that he, she, or it believes that the merchandise should be excluded from entry under the customs laws, and (3) the reasons for his, her, or its belief (including, in appropriate instances, the reasons for his or her belief that countervailing duties or antidumping duties should be assessed)." (c) Subsection 516 (b) of the Tariff Act of 1930, as amended, is hereby amended to read as follows:

"(b) (1) If, after receipt and conclusion of a petition filed as provided in subsection (a) of this section, the Secretary agrees that the decision challenged by the petitioner is not correct, he or she shall determine the proper appraised value or classification, rate or amount of duty, whether countervailing, or antidumping duties should be assessed or that entry of the merchandise should be prohibited and the decision shall be immediately published in the Federal Register.

"(A) Except for countervailing duty and antidumping duty purposes, 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 Federal Register shall be appraised or classified or assessed as to rate or amount of duty or permitted or denied entry in accordance with the Secretary's determination.

"(B) For countervailing duty and antidumping duty purposes, the determination of the Secretary under this subdivision shall be effective with respect to merchandise entered or withdrawn from warehouse for consumption on or after the date upon which the Secretary's determination is published in the Federal Register.

"(2) If the Secretary decides (a) that such merchandise is not the subject of a prior determination under section 303 of the Tariff Act of 1930, as amended, or a finding issued under section 201 of the Antidumping Act, 1921, as amended, or (b) that conditions or practices have materially changed since such prior determination or finding was made and that there are reasonable grounds to initiate an investigation under section 303 of the Tariff Act of 1930, as amended, or section 201 of the Antidumping Act, 1921, as amended, to determine whether countervailing duties or antidumping duties should be assessed on such merchandise, or (c) that a prior determination under section 303 of the Tariff Act of 1930, as amended, or section 201 of the Antidumping Act, 1921, as amended, was not correct, he or she shall treat the petition as a request for a proceeding under section 303 of the Tariff Act of 1930, as amended, or section 201 of the Antidumping Act, 1921, as amended, and shall so inform the peti

tioner, and the procedures set forth therein shall thereafter apply. A decision rendered by the Secretary under this subsection to so treat the petition shall not be subject to judicial review.".

(d) Subsection 516(c) of the Tariff Act of 1930, as amended, is hereby amended to read as follows:

"(c) (1) If the Secretary determines that the decision with respect to which a petition was filed pursuant to subsection (a) of this section is correct, he or she shall so inform the petitioner.

"(2) If dissatisfied with the determination of the Secretary that the decision is correct, the petitioner may, except as provided in subsection (d) of this section, file with the Secretary, not later than thirty days after the date of the Secretary's notification, notice that he, she, or it desires to contest the Secretary's decision with respect to the merchandise designated in the petition.

"(3) Upon receipt of notice from the petitioner, the Secretary shall cause publication to be made in the Federal Register of his decision 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 or denied entry after the publication of the decision of the Secretary, at such ports of entry designated by the petitioner in his or her notice of desire to contest, as will enable the petitioner to contest the Secretary's decision in the liquidation of one such entry at such port. The Secretary shall direct the customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated.

"Any suit instituted pursuant to this section shall be subject to judicial review as provided in section 2640(a)(2) of title 28, United States Code.

"(4) Any person (except a person specified in section 514(b) (1) of the Tariff Act of 1930, as amended) adversely affected or aggrieved by a decision of the Secretary made pursuant to subsection (b) (1) or (c) of this section, in response to the petition of an American manufacturer, producer, or wholesaler as provided in subsection (a) of this section is entitled to judicial review as provided in subsection (i) of this section.".

(e) Subsection 516(d) of the Tariff Act of 1930, as amended, is hereby amended to read as follows:

"(d) (1) Within thirty days after a determination by the Secretary under section 201 of the Antidumping Act, 1921, as amended, that a class or kind of foreign merchandise is not being, or is not likely to be sold in the United States at less than fair value, or under section 303 of the Tariff Act of 1930, as amended, that a bounty or grant is not being paid or bestowed, and only within such time, an American manufacturer. producer, or wholesaler of merchandise of the same class or kind as that specified in the determination of the Secretary may file with the Secretary a written notice of a desire to contest the determination. Upon receipt of such notice the Secretary shall cause publication to be made in the Federal Register of the notice of desire to contest the determination. Within thirty days after publication, the petiioner may commence an action in the United States Customs Court contesting the determination.

"A petitioner may also challenge, pursuant to subsection 1 of this section, (A) the rejection of a petition by the Secretary as containing insufficient information or as failing, as a matter of law, to allege dumping or a bounty or grant, or (B) the discontinuance, under section 201 of the Antidumping Act, 1921, as amended. of an antidumping investigation. If the court determines that the Secretary erred in rejecting the petition, the court shall remand the matter to the Secretary in order to permit an investigation to be conducted.

"(2) Within thirty days after a determination by the United States International Trade Commission

"(A) Under section 201 of the Antidumping Act of 1921, as amended, that an industry in the United States is not being or is not likely to be injured or is not prevented from being established. by reason of the importation of a class or kind of merchandise into the United States at a price which is or is likely to be less than its fair value, or

"(B) Under section 303 of the Tariff Act of 1930, as amended, that an industry in the United States is not being or not likely to be iniured or is not prevented from being established by reason of the importation into the United States of merchandise, otherwise free of duty, on which a bounty or grant is being paid or bestowed, and only within such time, an American manufacturer, producer, or wholesaler of merchandise of the same class or kind as that specified in the determination of the Commission may file with the Commission a written notice of a desire to contest the determination. Upon receipt of the notice the Commission