[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR176.31]

[Page 332]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 176--PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE--Table of Contents
 
              Subpart D--Procedure Following Court Decision
 
Sec. 176.31  Reliquidation following decision of court.


    (a) Decision of U.S. Court of International Trade. Except as 
provided in paragraph (c) of this section, an entry which is the subject 
of a decision of the U.S. Court of International Trade 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 Appeals 
for the Federal Circuit 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. Court of 
International Trade.
    (b) Decision of the Court of Appeals for the Federal Circuit. Except 
as provided in paragraph (c) of this section, an entry covering 
merchandise which is the subject of a decision of the Court of Appeals 
for the Federal Circuit 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. Court of International 
Trade. 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. Court of International Trade 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 Appeals for the 
Federal Circuit, any entry or entries covered by such decision may be 
reliquidated pursuant to the judgment of the U.S. Court of International 
Trade 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)

[T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 
FR 21430, May 24, 1985]