§ 2639. — Burden of proof; evidence of value.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2639]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 169--COURT OF INTERNATIONAL TRADE PROCEDURE
Sec. 2639. Burden of proof; evidence of value
(a)(1) Except as provided in paragraph (2) of this subsection, in
any civil action commenced in the Court of International Trade under
section 515, 516, or 516A of the Tariff Act of 1930, the decision of the
Secretary of the Treasury, the administering authority, or the
International Trade Commission is presumed to be correct. The burden of
proving otherwise shall rest upon the party challenging such decision.
(2) The provisions of paragraph (1) of this subsection shall not
apply to any civil action commenced in the Court of International Trade
under section 1582 of this title.
(b) In any civil action described in section 1581(h) of this title,
the person commencing the action shall have the burden of making the
demonstration required by such section by clear and convincing evidence.
(c) Where the value of merchandise or any of its components is in
issue in any civil action in the Court of International Trade--
(1) 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 as
prescribed by the rules of the court; and
(2) price lists and catalogs may be admitted in evidence when
duly authenticated, relevant, and material.
(Added Pub. L. 96-417, title III, Sec. 301, Oct. 10, 1980, 94 Stat.
1736.)
References in Text
Sections 515, 516, and 516A of the Tariff Act of 1930, referred to
in subsec. (a)(1), are classified to sections 1515, 1516, and 1516a,
respectively, of Title 19, Customs Duties.
Prior Provisions
A prior section 2639, acts June 25, 1948, ch. 646, 62 Stat. 982;
June 2, 1970, Pub. L. 91-271, title I, Sec. 120, 84 Stat. 281, provided
for retrial or rehearing, prior to the general revision of this chapter
by Pub. L. 96-417. See section 2646 of this title.
Effective Date
Subsec. (a)(2) of this section applicable with respect to civil
actions commenced on or after the 90th day after Nov. 1, 1980, see
section 701(c)(1)(A) of Pub. L. 96-417, set out as an Effective Date of
1980 Amendment note under section 251 of this title.
Subsec. (b) of this section applicable with respect to civil actions
commenced on or after Nov. 1, 1980, see section 701(b)(1)(B) of Pub. L.
96-417.
Section Referred to in Other Sections
This section is referred to in section 2641 of this title; title 19
section 1499.
