A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 7.3(b)(4).

Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.

(b) Officer To Take Responses and Prepare Record: A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 7.3 (c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.

(c) Notice of Filing: When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

RULE 7.5 USE OF DEPOSITIONS IN COURT PROCEEDINGS

(2) The deposition of a party, or of anyone who at the time of taking the deposition was an officer, director, managing agent, or a person designated under Rule 7.3(b) (4) or 7.4(a) to testify on behalf of a public or private corporation, partnership, association or governmental agency which is a party, may be used by an adverse party for any purpose.

(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (i) that the witness is dead; (ii) that the witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition; (iii) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; (iv) that the party offering the deposition has been unable to procure the

attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

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(b) Objections to Admissibility: Subject to the provisions of Rule 7.7 and subparagraph (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof, for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

(d) Effect of Errors and Irregularities in Depositions:

(1) As to Notice: All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

(2) As to Disqualification of Officer: Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(3) As to Taking of Deposition: (i) Objections to the competency of a witness, or to the competency, relevancy, or materiality of testimony, are not waived by failure to make them during the taking of an cral deposition, unless the ground of the objection is one which might have been obviated, removed, or cured if presented at that time.

(ii) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived, unless seasonable objection thereto is made at the taking of the deposition.

(iii) Objections to the form of written interrogatories submitted under Rule 7.4 are waived, unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories and within 10 days after service of the last interrogatories authorized.

(4) As to Completion and Return of Deposition: Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 7.3 and 7.4, are waived, unless a motion to suppress the deposition or some part thereof

is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

RULE 8.2 SUMMARY JUDGMENT

(a) For Claimant: A party seeking to recover upon a claim, may, at any time after the expiration of the initial time within which to file an answer or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.

(b) For Defending Party: A party against whom a claim is asserted, may, at any time after the filing of a complaint, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

(c) Motion and Proceedings Thereon: Oral argument of the motion may be requested pursuant to the provisions of Rule 11.1. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

(d) Case Not Fully Adjudicated on Motion: If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at an oral argument of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

(e) Form of Affidavits; Further Testimony; Defense Required: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith, except that all papers and documents which are part of the official record of the action pursuant to Chapter 5 of these rules may be referred to in an affidavit without attaching copies, and shall be considered by the court without additional certification. The court may permit affidavits to be supplemented or opposed by depositions,

answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

(f) When Affidavits are Unavailable: Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. (g) Affidavits Made in Bad Faith: Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable costs which the filing of the affidavits caused him to incur, and any offending party or attorney may be adjudged guilty of contempt. [Rule 8.2(h) deleted; language incorporated above.]

RULE 14.3 ACCESS TO AND WITHDRAWAL OF PAPERS

(a) Custody and Control: **

(2) when requested by the Attorney in Charge, Field Office for Customs Litigation, Department of Justice, relevant papers may be transmitted by the clerk to an appropriate customs officer for the purpose of considering a submission upon agreed statement of facts pursuant to Rule 8.1, or for the purpose of answering an inquiry by an appropriate customs officer; or

(2) The Attorney in Charge, Field Office for Customs Litigation, Department of Justice, may withdraw the relevant papers in an action to a designated place in his offices for a period not to exceed 30 days: Provided, That upon notice from the clerk, such papers shall immediately be returned to the office of the clerk.

(3) Any person, qualified in accordance with paragraph (b)(1) of this rule, may withdraw the relevant papers in an action to a designated place in the offices of the Customs Court or the Field

Office for Customs Litigation, Department of Justice: Provided, That such papers are returned to the office of the clerk no later than the close of business on the same day as they are withdrawn.

RULE 14.6 RESERVE FILE

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(a) Placement in Reserve File: All actions commenced pursuant to 28 U.S.C. §1582 (a) and (b) (except actions commenced pursuant to section 516A of the Tariff Act of 1930), and commenced in the court after the effective date of these rules (including all appeals for reappraisement and all protests received by the court after the effective date of these rules), and all actions described in Rule 14.9(c) (1) shall be placed in the reserve file for the month and year in which the action is commenced.

Chapter 18. Parties; Notice to Interested Parties; Intervention; Substitution

RULE 18.1 DOMESTIC INTERESTED PARTIES: PRACTICE

(a) Party in Interest: In an action filed pursuant to section 516(c) of the Tariff Act of 1930, a party in interest described in section 516(e) of that Act shall be deemed to be a defendant for the purposes of the application of these rules.

(b) Trial, Participation: A party in interest who does not file responsive pleadings as required by these rules shall not be permitted to engage in the active conduct of the litigation unless, on motion for good cause shown, the court orders otherwise. If the court permits such a party to participate, the pleadings filed by the defendant, the United States, shall also be considered the pleadings of such party in interest for all purposes.

RULE 18.2 NOTICE TO INTERESTED PARTIES

Notice to Interested Parties: The party filing an action under section 516A of the Tariff Act of 1930 shall forthwith notify by registered or certified mail all interested parties who were parties to the administrative proceeding of the filing of an action in this court.

RULE 18.3 INTERVENTION

(a) Intervention of Right: Upon timely application anyone shall be permitted to intervene in an action when a statute of the United States confers an unconditional right to intervene.

(b) Procedure: A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 4.1. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.