[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR176.31]



[Page 332-333]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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



[[Page 333]]



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]