§ 2639. Burden of proof; evidence of value

396 words·~2 min read·/usc/title-28/section-2639

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(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, § 301, Oct. 10, 1980, 94 Stat. 1736.)

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