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Schedule 14.-Sundries. Paragraphs 1408, 1409 to 1411, 1416, 1418, 1422 to 1424, 1449, 1450, 1454, 1457, and 1558 and administration questions, except as otherwise provided.
Claims for damages, deterioration or injury to goods, and protests involving clerical errors.
The effect of the foregoing arrangements as applied to the former subject classification by this board will be substantially as follows:
To Board 1. Acids, chemicals, coal-tar drugs, medicinal preparations, oils, paints, soap, toilet articles, glass, marble, stone, earths, wood, wool, fur, leather, jewelry, toys, beads, feathers, musical instruments, fish, india rubber, bone and horn, chip and straw, ivory, precious stones, and imitation precious stones, tobacco.
To Board 2. Metals, cotton, flax, jute, hemp, silk, nettings, laces, braids, embroideries, linoleum, trimmings, books, and paper.
To Board 3. Administration, except as hereinbefore provided, agriculture, fruit, provisions, plants, live animals, spirits, sugar, sundries, personal effects, paintings, earthenware, antique works of art, scientific apparatus, mineral substances, and smokers' articles.
The United States Court of Customs Appeals
Since the Court of Customs Appeals is not an executive establishment, it does not belong, in pure theory, in this description of the executive branch of the federal government; furthermore it is entirely independent of the Customs Service. But it is so important an element in the consideration of customs matters that a description of the organization for the collection of the revenues would be incomplete without some reference to this special court. It consists of a presiding judge and four associate judges,88 is always open for business and terms may be held in any circuit; 89 it has a marshal; 90 the clerk, whose office is in Washington, exercises the same duties and powers within the jurisdiction of the said Customs Court as the clerk of the United States Supreme Court; 91 it is a court of record and establishes rules and regulations; 92 it may affirm and remand cases; it exclusively reviews final decisions of the Board of General Appraisers; 93 it supersedes other courts in customs matters; 94 entertains appeals from the Board of General Appraisers; 95 its calendar is called and all
88 Act March 3, 1911 (36 Stat. 1143), "to codify, revise, and amend the laws relating to the Judiciary," chapter 8, section 188, amended by Act Feb. 25, 1919 (40 Stat. 1157). 89 Act March 3, 1911, § 189 (36 Stat. 1143 [Comp. St. § 1180]).
90 Act March 3, 1911, § 190 (36 Stat. 1144 [Comp. St. § 1181]).
91 Act March 3, 1911, §§ 191, 192 (36 Stat. 1144 [Comp. St. §§ 1182, 1183]).
92 Act March 3, 1911, § 194 (36 Stat. 1145 [Comp. St. § 1185]).
93 Act March 3, 1911, § 195 (36 Stat. 1145) as amended by Act Aug. 22, 1914 (38 Stat. 703 [Comp. St. § 1186]).
See United States v. Lippmann, Spier & Hahn, 11 Ct. Cust. App. 336, from which it appears that appeal may be taken to Supreme Court upon the petition of either party, if applied for within 3 months after entry of judgment or decree complained of, instead of within 60 days, as stated in section 195 of the codification.
94 Act March 3, 1911, §§ 196, 197 (Comp. St. §§ 1187, 1188).
95 Act March 3, 1911, § 198 (Comp. St. § 1189).
cases thereupon submitted, "except for good cause shown," at least once every sixty days.
Of some 2,600 cases heard, the Supreme Court has reviewed only 6.96
22. Rules of United States Court of Customs Appeals
Rule 1. Clerk.-The clerk of this court shall keep his office in the city of Washington. He shall not practice either as an attorney or counseler of this court while he shall continue to be clerk. He shall indorse on every paper the date on which the same is filed and shall not permit any original paper, document, or exhibit to be taken from the courtroom or from the office without an order from the court or permission of one of the judges thereof. But the parties interested in any matter pending before the court may have full access to the records in such matters in the office of the clerk and may take copies of all papers filed therein.
Rule 2. Attorneys.-Parties shall be entitled to be represented in this court by attorney. Any attorney who is entitled to practice in the Supreme Court of the United States or in the Circuit Courts of Appeals or District Courts of the United States or in the court of last resort in any state or territory may be admitted to practice in and have his name enrolled as an attorney of this court by the clerk upon filing a recommendation of any justice of the Supreme Court of the United States, United States Circuit or District Judge, or a judge. of the court of last resort of the state or territory in which such attorney may reside at the time of his application for admission to this court, or upon motion by an attorney of this court. Prior to the issuance of the certificate of admission the attorney shall take and subscribe the following oath of office, which shall be filed with the clerk:
do solemnly swear [or affirm] that I will demean myself, as an attorney and counselor of this court, uprightly and according to law, and that I will support the Constitution of the United States."
Rule 3. Process.-Processes to be issued from this court shall be of such form and style as is in use in the Supreme Court of the United States. There shall also be a process to be issued to the Board of General Appraisers, which shall be called a mandate, and shall in terms direct the transmission to this court in proper cases of proceedings taken and had before said Board of General Appraisers. All writs shall be attested in the name of the presiding judge, shall be signed by the clerk of the court, with the seal of the court attached, and shall be made returnable 30 days from the date thereof; provided that the time fixed for the return of such record may be extended, upon application to the court, or a judge thereof, at chambers, and upon good cause shown, or the time may be extended by stipulation, which shall be made expressly subject to the future orders of the court.
96 Act March 3, 1911, § 199 (Comp. St. § 1190); The Five Per Cent. Discount Cases, 243 U. S. 97, 37 S. Ct. 346, 61 L. Ed. 617; Vitelli & Sons v. U. S., 250 U. S. 355, 39 S. Ct. 448, 63 L. Ed. 987; Nicholas & Co. v. U. S., 249 U. S. 34, 39 S. Ct. 218, 63 L. Ed. 461; U. S. v. Ætna Explosives Co., 256 U. S. 402, 41 S. Ct. 513, 65 L. Ed. 1013; U. S. v. Rice & Co., 257 U. S. 536, 42 S. Ct. 212, 66 L. Ed. 357; O. B. Fish v. U. S., 266 U. S. 598, 45 S. Ct. 99, 69 L. Ed.
Review.-Any party feeling aggrieved at any decision of the Board of General Appraisers and who may be entitled, under the provisions of chapter 8 of the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, or any amendment thereof, to have a review of said decision, may, within the time fixed by said act or any amendment thereof, apply to this court for a review of the questions of law and fact included therein.
Rule 5. Assignment of Errors.-The party seeking a review of any appealable decision of the Board of General Appraisers shall file with the clerk, in duplicate, a concise statement of the errors of law and fact complained of, and a copy of such statement shall be served on the collector or on the importer, owner, consignee, agent, or attorney, as the case may be, either by mail or by delivering the same personally to the party to be served or to his attorney, who shall have regularly appeared before said Board of General Appraisers on or before the date of such application. Such service, in case of mailing, shall be by depositing in a post office a copy of such statement in a sealed envelope plainly addressed to the party or attorney to be served at his place of business or residence, with postage thereon fully prepaid. In all cases where the United. States is not the appellant such application for review shall be accompanied by the filing fee of $6.
Rule 6. Mandate.-Upon the filing of such application for review, a mandate shall issue to said Board of General Appraisers directing said board to transmit to said court the records and evidence taken by them, together with a certified statement of the facts involved in the case and the decision thereon, together with all samples and exhibits used before them.
Rule 7. Calendar.-All cases transmitted to this court, whether removed from the Board of General Appraisers in response to the mandate of this court or by the transfer from the United States Circuit Courts of Appeals or District Courts, shall, upon receipt of the record by the clerk, be placed upon the calendar in the order in which they are received, and such cases shall stand for hearing and submission in that order without notice; provided, the hearing of any case may be postponed for good cause shown. On motion of either party, with due notice to the other side, the court may advance on the calendar cases that are of unusual importance, or whenever other considerations of public policy make such action appear desirable.
Rule 8. Records and Briefs.-The appellant shall, within 14 days from the filing of such return, or within such further time as may be allowed by the court or a judge thereof at chambers, deposit with the clerk a sum sufficient to meet the cost of printing the record. As soon as the record is printed the clerk shall retain at least 16 copies for the use of the court and furnish not less than 10 copies to the appellant, who shall serve not less than 3 copies on the appellee or his counsel.
Within 30 days after receipt of the printed record appellant shall serve on the appellee, or his counsel, not less than three printed copis of his brief, and within 30 days thereafter the appellee shall serve not less than three printed copies of his brief on the appellant, or his counsel: Provided, that if the importer resides west of the Rocky Mountains each side shall have 40 days in
which to serve briefs. Both sides shall promptly file not less than 16 copies of their briefs with the clerk. Extension of the time for filing briefs for a period not exceeding 15 days may be made by stipulation, which shall become effective when filed with the clerk.
All records and briefs printed for the use of this court shall have a suitable cover containing the title of the court and cause. Records shall be properly indexed and printed under the direction of the clerk of the court. The size of the pages of the records and briefs shall be 914 by 61 inches.
Rule 9. Sessions.-The court will convene during sessions at 10 a. m., and will continue its sessions until all cases on its calendar in readiness for hearing are disposed of. All motions shall be presented at the opening of court on Tuesdays, but when the court is in session for hearing causes they may be presented at the opening of court on any day of the session.
Rule 10. Appeals, When Taken.-The court shall be open for business on each business day of the year for the purpose of receiving applications for appeal, and on such days, writs directed to the Board of General Appraisers may issue as of course, attested in the name of the presiding judge and signed by the clerk or assistant clerk. In case of a vacancy in the office of the presiding judge, they may be attested in the name of the next judge in the order of precedence as acting presiding judge.
Rule 11. Amendments-Judgments.-The court may, in furtherance of justice, permit amendments to processes or proceedings in any case, and on final hearing may affirm, reverse, or modify any ruling, decision, or conclusion of the Board of General Appraisers, or may reverse and remand for new trial or other appropriate proceeding.
Rule 12. Final Decision-Mandate.-At the expiration of 30 days after decision by the court, the court shall issue its mandate to the Board of General Appraisers for such further proceedings as shall be proper to be taken in pursuance of such determination.
Rule 13. Fees. The fees of the clerk of the court shall be $6 in each case. No fee shall be exacted in cases on appeal to other federal courts and transferred to this court for final determination. There shall be paid for each certificate of admission of an attorney to practice, $1; and for making or copying any record or other paper and certifying the same, 15 cents per folio of 100 words. An amount sufficient to cover the cost of printing the record shall be deposited with the clerk on his demand, provided that when an appeal is taken by the United States no payment of fees shall be required. In all other cases fees shall be paid in advance.
The fees and costs to be allowed the marshal shall be, and hereby are, fixed the same as those allowed the marshal of the Supreme Court of the United States.
Rule 14. Arguments.-Arguments shall be limited to one hour on a side. and not more than two counsel on a side shall be heard in any case except by special order of the court. The time for oral argument may be extended in the discretion of the court.
Rule 15. Appearances. It will not be necessary for the Assistant Attorney General in charge of customs cases to file a notice of appearance in this court
or to serve such notice on opposing attorneys. Where the appellant is a protestant, if the petition for review is filed by a member of the bar of this court, no separate appearance as attorney will be required, but a notice of appearance shall be served on the Assistant Attorney General unless such appellant's attorney represented the importer before the Board of General Appraisers. Where the United States is the appellant the attorneys for the appellee shall file a notice of appearance in this court and serve a copy of such notice on the Assistant Attorney General.
Rule 16. Applications for Rehearing.-No application for rehearing will be considered by the court unless the moving party, at as early a date as may be practicable and within 30 days after decision unless further time be granted, shall cause any papers upon which it is based, together with his reasons for granting the same, to be printed and 16 copies thereof filed with the clerk of this court, together with proof that a copy thereof has been served upon counsel for the opposing party. The opposing party may at any time within 10 days thereafter file with the clerk of the court his objections to the granting of the application, serve a copy thereof upon the moving party, and the question shall thereupon be deemed submitted for decision.
An Assistant Attorney General, appointed under law by the President, looks after the interests of the government in the preparation and trial of all protests and appeals in classification and reappraisement cases before the Board of General Appraisers and the Court of Customs Appeals. His office is in New York. Collectors and Appraisers in the various ports of the United States correspond directly with his office in matters relating to the trial of cases, applications for rehearing, and stipulations for the withdrawal of protests.
The following publications may be obtained from the Superintendent of Documents at the prices stated:
(a) Customs Regulations of the United States, for the instruction and guidance of customs officers. 1923. $1.50.
(b) Decisions of the Court of Customs Appeals, published in weekly edition of Treasury Decisions. Subscription-domestic, $1.50 a year; foreign, $2.50. (c) Report of Cases Adjudged in Court of Customs Appeals. $1 per volume. (d) Tariff Act of 1922. 10 cents.