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RULES OF THE UNITED STATES CUSTOMS COURT STATEMENT OF THE COURT IN ADOPTING AMENDMENTS AND ADDITIONS TO THE RULES

That the following amendments and additions to the Rules of the United States Customs Court shall take effect on January 1, 1980, and shall govern all proceedings in actions brought thereafter. They shall also govern all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action then pending would not be feasible or would work injustice, in which event the former procedure applies.

In addition, whenever a party is required or has been requested prior to the effective date of the following amendments and additions to perform an act, pursuant to the rules of this court in effect prior to January 1, 1980, the act may still be performed in accordance with the rules in effect prior to January 1, 1980.

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RULES OF THE UNITED STATES CUSTOMS COURT

Chapter 2. The Court

RULE 2.1 THE COURT NAME, SEAL, TERM; EMERGENCY MATTERS

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(c) Court Term: The court shall be in continuous session for transacting judicial business on all business days throughout the year. (d) Emergency Matters: Emergency matters may be presented to and heard by the court at any time.

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RULE 2.3 ASSIGNMENT OF ACTIONS

(a) Assignment: Actions Shall Be Assigned by the Chief Judge as Follows:

(1) Upon notice of trial or dispositive motion in an action commenced under 28 U.S.C. § 1582 (a) and (b) (except actions commenced pursuant to section 516A of the Tariff Act of 1930);

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(2) Upon joinder of issue or dispositive motion in all other actions;

(3) At any time, in any action, upon motion of a party for good cause shown, or upon his own initiative.

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Chapter 3. Commencement of Action; Summons; Summons and Complaint; Computation of Time

RULE 3.1 FORMS OF ACTION

(a) Civil Action: An action which is commenced in the United States Customs Court shall be known as a civil action except for those actions covered by paragraph (b) of this rule.

(b) Designation of Certain Pre-October 1, 1970 Actions: The following designations shall apply to actions arising prior to October 1, 1970:

(1) Appeal for Reappraisement: An action arising pursuant to section 501 or 516(a) of the Tariff Act of 1930, as effective prior to October 1, 1970, and forwarded to the court pursuant to section 501 or 516(c) of said Act, shall be known as an appeal for reappraisement.

(2) Protest: An action arising pursuant to section 514 or 516(b) of the Tariff Act of 1930, as effective prior to October 1, 1970, and forwarded to the court pursuant to section 515 or 516(c) of said Act, shall be known as a protest.

[Rule 3.1(c) deleted; content incorporated above.]

RULE 3.2 COMMENCEMENT OF ACTION

(a) Summons; Summons and Complaint: Filing; Fee: A civil action is commenced in the United States Customs Court as follows: (1) In an action under 28 U.S.C. § 1582 (a) and (b) (except actions commenced pursuant to section 516A of the Tariff Act of 1930), upon the filing of a summons in the form described in Appendix A or Appendix B-1.

(2) In an action under section 516A (a) (2) of the Tariff Act of 1930, upon the filing of a summons in the form described in Appendix B-2. (3) In all other actions, by filing concurrently a summons in the form described in Appendix B-2 and a complaint.

In all actions, a filing fee of $5 shall be paid in the manner prescribed by the clerk. In addition, a completed Information Statement, on a form to be furnished by the clerk, shall be filed.

(b) Summons; Summons and Complaint: Filing by Mail; Date of Filing: For purposes of commencement of an action, a summons, or summons and complaint, sent by registered or certified mail properly addressed to the clerk of the court at One Federal Plaza, New York, New York 10007, with the proper postage affixed and return receipt requested, shall be deemed filed as of the date of postmark.

(c) Summons; Summons and Complaint: By Whom Filed: In an action commenced by an individual on his own behalf, a summons, or summons and complaint, may be filed by such individual, or by an attorney admitted to practice before this court. In any other action, a summons, or summons and complaint, may be filed only by an attorney admitted to practice before this court.

(d) Summons; Summons and Complaint: Number of Copies:

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(3) An original and 3 copies of the summons, or summons and complaint when filed concurrently, shall be filed with the clerk in all other actions: Provided, That when the action involves more than one defendant, an additional copy of the summons shall be filed for each additional defendant, and, when the action is commenced by the filing of a summons and complaint concurrently, an additional copy of the complaint shall also be filed for each additional defendant, except when the plaintiff serves the complaint pursuant to Rule 3.2(g) (4). (e) Summons; Summons and Complaint: Date of Filing; Motion To Correct:

(1) The records of the clerk, including the date of filing stamped on the summons, or summons and complaint, or when sent by registered or certified mail, the date of postmark, shall be final and conclusive evidence of the date on which a summons, or summons and complaint, was filed unless a motion to correct the record is made and granted pursuant to subparagraph (2) of this paragraph (e).

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