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U.S. Code as of:
01/19/04
Section 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.
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