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RULE 3.4 SUMMONS-DENIED PROTEST:

FORM AND CONTENT

(a) Form and Content: General: A summons in a civil action commenced to contest the denial of a protest under section 515 of the Tariff Act of 1930, as amended (19 U.S.C. § 1515, as amended) shall be substantially in the form as shown in Appendix A and shall set forth:

(1) the name of the plaintiff;

(2) with respect to each denied protest included in the civil action, the protest number, the date the protest was filed, and the date the protest was denied by mailing of a notice of denial or by operation of law;

(3) with respect to each entry of merchandise involved in a denied protest included in the civil action, the port of entry, the entry number, and the date of entry;

(4) with respect to each category of merchandise covered by an entry involved in a denied protest included in the civil action, the name of each such category of merchandise with respect to which the denial of the protest is contested in the civil action;

(5) a statement that each denied protest included in the civil action was filed and denied as prescribed by law, and that all liquidated duties, charges or exactions were paid at the port of entry unless otherwise shown, which statement shall be signed by the attorney filing the summons, or by an individual filing the summons in his own behalf;

(6) the name, post office address, and telephone number of the attorney filing the summons or of an individual filing the summons in his own behalf; and

(7) with respect to each denied protest included in the civil action, the address of the district director for the customs district in which the protest was denied.

(b) Appraised Value: When the administrative decision contested in the civil action involved the appraised value of merchandise, the summons shall also set forth:

(1) a statement of the appraised value and the statutory basis believed to have been used; and

(2) the statement of value and the statutory basis which was claimed in the protest to be proper.

COMPUTATION OF TIME

(c) Classification, Rate or Amount: When the administrative decision contested in the civil action involved the classification of merchandise or rate of duty assessed thereon, the summons shall also set forth:

(1) the paragraph or item number under which the merchandise was classified, and the rate of duty which was assessed; and

(2) the paragraph or item number under which the merchandise was claimed in the protest to be subject to classification and the rate of duty which was claimed in the protest to be applicable.

(d) Other: When any other administrative decision is contested in the civil action, the summons shall also set forth:

(1) the specific nature of the other administrative decision as listed in 28 U.S.C. § 1582 (a), as amended; and

(2) the claim which was made in the protest.

RULE 3.5 SUMMONS BY AMERICAN MANUFACTURERS,
PRODUCERS, OR WHOLESALERS:
FORM AND CONTENT

(a) Form and Content: General: A summons in a civil action commenced to contest a decision of the Secretary of the Treasury under section 516 of the Tariff Act of 1930, as amended (19 U.S.C. § 1516, as amended) shall be substantially in the form as shown in Appendix B and shall set forth: (1) the name and status of the plaintiff;

(2) with respect to each entry of merchandise included in the civil action, the date of mailing of the notice of liquidation sent pursuant to section 516 (c) of the Tariff Act of 1930, as amended (19 U.S.C. § 1516 (c), as amended);

(3) with respect to each entry of merchandise included in the civil action, the port of entry, the entry number, and the date of entry;

(4) a description of the designated imported merchandise; (5) the name, signature, post office address, and telephone number of the attorney filing the summons or of the individual filing the summons in his own behalf;

(6) with respect to each entry of merchandise included

in the civil action, the name and address of the consignee or his agent; and

(7) with respect to each entry of merchandise included in the civil action, the address of the district director for the customs district in which the entry was liquidated.

(b) Appraised Value: When the decision contested in the civil action involved the appraised value of merchandise, the summons shall also set forth:

(1) a statement of the appraised value and the statutory basis believed to have been used; and

(2) the statement of value and the statutory basis which was claimed in the petition to be proper.

(c) Classification, Rate or Amount: When the decision contested in the civil action involved the classification of merchandise or rate of duty assessed thereon, the summons shall also set forth:

(1) the item number under which the merchandise was classified and the rate of duty which was assessed; and

(2) the item number under which the merchandise was claimed in the petition to be subject to classification, and the rate of duty which was claimed in the petition to be applicable.

RULE 3.6 TIME

(a) Computation: In computing any period of time prescribed or allowed by these rules, or by order of the court, the date of the act, event, or default from which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday,* in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time

* Effective January 1, 1971, the legal holidays are: New Year's Day, January 1; Washington's Birthday, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Columbus Day, second Monday in October; Veterans Day, fourth Monday in October; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and any other day designated as a holiday by the President or the Congress of the United States.

COMPUTATION OF TIME

prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(b) Enlargement:

(1) When, by these rules or by a notice given thereunder or by order of the court, an act is required or allowed to be done at or within a specified time, the court may, upon motion under Rule 4.12, for good cause shown, order the period enlarged.

(2) Every motion for enlargement of time must set forth therein the specific number of additional days requested, the date to which the enlargement is to run, the extent to which the time for the performance of the particular act has been previously enlarged and the reason or reasons upon which the motion for enlargement is based, and must be filed within the period allowed for the performance of the act to which the motion relates (including any previous enlargement of time): Provided, That the foregoing requirement as to filing may be waived by the court upon a showing, in a separate motion for leave to file out of time, that the delay in filing was the result of excusable neglect or circumstances beyond the control of the party.

(c) Additional Time After Service by Mail: Whenever a party has the right or obligation to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, or other paper upon him, and the service is made by mail, 7 days shall be added to the prescribed period.

(d) When Time Begins To Run: In computing any period of time prescribed by these rules, or by order of the court, the period of time shall begin to run on the day after the date of service of a pleading, motion, or other paper unless otherwise particularly specified in these rules.

CHAPTER 4. PLEADINGS; MOTIONS

RULE 4.1 SERVICE AND FILING OF PLEADINGS
AND OTHER PAPERS

(a) Service: Every order required by its terms to be served, every pleading, written motion, written notice, appearance, brief, and other papers, shall be served upon each of the parties affected thereby and filed with the court in the following manner:

(1) upon the court, by filing with the clerk the original thereof and such copies as may be required by these rules; (2) upon a party other than the United States, by delivery or by mailing a copy to the attorney of record for such party at his office address;

(3) upon a party not represented by an attorney, by delivery or by mailing a copy to such party at the address noted of record;

(4) upon the United States, by delivery or by mailing a copy to the Office of the Assistant Attorney General of the United States, Chief, Customs Section, 26 Federal Plaza, New York, New York 10007.

(b) Delivery Defined: "Delivery" within these rules means handing a copy of the paper to be served to the attorney or party; or leaving it at his office with his clerk or other person in charge thereof; or, if the office is closed, by depositing the paper, enclosed in a sealed wrapper addressed to the attorney or party, in his office, letterbox or drop.

(c) Mailing Defined: "Mailing" within these rules means depositing in the United States mail, properly addressed, with adequate postage affixed thereto. Service by mail is completed upon mailing.

(d) Proof of Service: Papers presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service and of the name of the person served,

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