Page:United States Statutes at Large Volume 42 Part 1.djvu/999

SIXTY—SEVEN TH CONGRESS. Sess. II. Ch. 356. 1922. 971 manner and with the same effect as an appeal by a consignee under °°“°“S “°“*· the provisions of section 501 of this Act. Aw, Tioga:. (b The Secretary of the Treasury shall, upon written request by d°%*}f:·°,*§··;>* an American manufactiuer, producer, or wholesaler, furnish the bemgnaikbaé rig im; c1assiBcation of and the rate of duty, if any, imposed upon desig- g§'i°el1l°£€°”]°t g°°°S’ nated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. lf such manufacturer, producer, ,,,f°"‘P'“*“‘ °‘ ‘““°¢» or wholesaler believes that the pro er rate of duty is not being ` assessed, he may file a complaint witii the Secretary of the Treasury setting forth a descrilption of the mechandise, the classification, and the rate or rates of uty he believes proper, and the reasons for his belief. If the Secretary believes that the classiBcation of or rate of “*}§Qf,°¤°t‘g* duty assessed upon the merchandise is not correct, he shall notif siderodi mite. the collectors as to the proper classification and rate of dut and shall so inform such manufacturer, producer, or wholesaler, and, such rate of duty shall be assessed upon all merchandise imported or withdrawn from warehouse after thirty days after the date of such _ notice to the collectors. If the Secretary believes that the classiB- “°°"$"’°‘°d °°"°°‘· cation and rate of duty are correct, he shall so inform such manufacturer, producer, or wholesaler. If dissatisfied with the action of d,f,;§°°§§c§*§‘}w£S§{g the Secretary, such manufacturer, producer, or wholesaler may Ble fied- ’ ' with him a notice that he desires to protest the classiBcation or the rate of duty imposed upon the merchandise, and upon receipt of . such notice the Secretary shall furnish him with such information as to the entry, the consignee, and the port of entry as will enable him to protest the classiBcation of or the rate of duty imposed upon the merchandise when liquidated at any port of entry. Upon written request therefor b such manufacturer, producer, or wholesaler, the collector of such port of entry shall notify him immediately of _ the date of liquidation. Such manufacturer, producer or whole- .uql;il}'?,;.,§i§{,P"t°°°"°" saler may Ble, within sixty days after the date of li uidation, with the collector of such ort a rotest in writing setting forth a description of the merchandise and) the classiBcation and the rate of duty he believes proper, with the same effect as a protest of a consignee Am¤,pp-969.W0- Bled under the rovisions of sections 514 and 515 of this Act. _ _ _ (c) A copy ofp every appeal and every protest Bled by an American 1"°““’ ‘° °°"s‘€“°°· manufacturer, producer, or wholesaler under the provisions of this section shall be mailed by the collector to the consignee or his agent within Bve days after the Bling thereof, and such consignee or his agent shall have the right to appear and to be heard as a party} in Amon Ommd interest before the Board of General Appraisers. The collector s all ` transmit the entry and all rgpers an exhibits accompanying or connected therewith to the oard of General Appraisers or due assignment and determination of the proper value or of the (proper __ classification and rate of duty. The decision of the Board of eneral ,p%s"}‘},°”(§l0;,,“{‘l°$,’; Appraisers upon any such appeal or protest shall be Bnal and con- Avvmlselusive upon all arties unless an appeal is taken by either party to the Court of Cbstoms Appeals, as provided in sections 501 and .4¤a,pp-966,wu. 515 of this Act. _ _ (di In proceedings instituted under the provisions of this section mspcctiug {arg of an American manufacturer, producer, or wholesaler shall not have °°°S‘g°°° r°S"° ‘ the right to inspect any documents or papers of the consignee or importer disclosing any information which the general appraiser or the Board of General Appraisers shall deem unnecessary or improper to be disclosed to lum. l Sec. 517. Fmvorous rrcornsr on A1>1>nAL.——L'pon motion of the prffgggtgrfgggglffm counsel for the Government, it shall be the duty of the Board of General Appraisers to decide whether any appeal or reappraisement ·*'*”·P¤·°”6·°"°- or protest Bled under the provisions of section 501, 514, 515, or 516 of this Act is frivolous, and if said board shall so decide, a penalty