U. S., 103 Ct. Cl. 160, holding that words, "such improvements" were not limited to the specific improvements listed in the 1935 act, but applied to any river and harbor improvements.

Changes were made in phraseology.

CROSS REFERENCES

Time for filing petition by oyster growers, see section 2501 of this title.

§ 1498. Patent and copyright cases.

(a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner's remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture.

For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.

The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918.

A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used.

(b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copyright shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 101(b) of title 17, United States Code: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the copyrighted work by the Government: Provided, however, That this subsection shall not confer a right of action on any copyright owner or any assignee of such owner with respect to any copyrighted work prepared by a person while in the employment or service of the United

States, where the copyrighted work was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the copyright owner in full settlement and compromise for the damages accruing to him by reason of such infringement and to settle the claim administratively out of available appropriations.

Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim arising in a foreign country. (June 25, 1948, ch. 646, 62 Stat. 941; May 24, 1949, ch. 139, § 87, 63 Stat. 102; Oct. 31, 1951, ch. 655, §50 (c), 65 Stat. 727; July 17, 1952, ch. 930, 66 Stat. 757; Sept. 8, 1960, Pub. L. 86-726, §§ 1, 4, 74 Stat. 855, 856.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 68 of title 35, U. S. C., 1940 ed., Patents (June 25, 1910, ch. 423, 36 Stat. 851; July 1, 1918, ch. 114, 40 Stat. 705).

Provisions contained in the second proviso of section 68 of title 35, U. S. C., 1940 ed., relating to right of the United States to any general or special defense available to defendants in patent infringement suits were omitted as unnecessary. In the absence of statutory restriction, any defense available to a private party is equally available to the United States.

Changes in phraseology were made.

AMENDMENTS

1960-Pub. L. 86-726, § 4, substituted "Patent and copyright cases" for "Patent cases", in the catchline.

Pub. L. 86-726, § 1, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1952-Act July 17, 1952, allowed Government employees to maintain patent suits against the United States in certain instances.

1951-Act Oct. 31, 1951, inserted what is now the second par.

1949-Act May 29, 1949, conformed first par. of section to the original law.

WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act [amending this section and section 2386 of Title 10, Armed Forces] shall be construed to in any way waive any immunity provided for Members of Congress under article I of section 6 of the Constitution of the United States."

CROSS REFERENCES

Actions for unauthorized use of patents or disclosure of information, see section 2356 of Title 22, Foreign Relations and Intercourse.

Government interests in patents, see sections 266 and 267 of Title 35, Patents.

Use of patents by Tennessee Valley Authority, see section 831r of Title 16, Conservation.

§ 1499. Liquidated damages withheld from contractors under Contract Work Hours Standards Act. The Court of Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Standards Act. (June 25, 1948, ch. 646, 62 Stat. 942; Aug. 13, 1962, Pub. L. 87-581, title I, § 202(a), 76 Stat. 360.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 324 of title 40, U. S. C., 1940 ed., Public Buildings, Property and Works (June 19, 1912, ch. 174, § 1, 37 Stat. 137).

This section contains only the jurisdictional provision in the last clause of section 324 of title 40, U. S. C., 1940 ed. Changes in phraseology were made.

REFERENCES IN TEXT

Section 104 of the Contract Work Hours Standards Act, referred to in the text, is classified to section 330 of Title 40, Public Buildings, Property and Works.

AMENDMENTS

1962-Pub. L. 87-581 substituted "Liquidated damages withheld from contractors under Contract Work Hours Standards Act" for "Penalties imposed against contractors under eight hour law" in the section catchline, and "liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hour Standards Act" for "a penalty withheld from a contractor or subcontractor under section 324 of Title 40", in the text.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-581 effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as a note under section 327 of Title 40, Public Buildings, Property and Works. CONTINUED JURISDICTION UPON CLAIMS UNDER SECTION 324 OF TITLE 40

Section 202(b) of Pub. L. 87-581 provided that: "The Court of Claims shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under section 324 of title 40, United States Code, in connection with any contract subject to said section existing on the effective date of this Act [see note set out under section 327 of Title 40, Public Buildings, Property and Works], or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act [Aug. 13, 1962].”

CROSS REFERENCES

Time for filing claim, see section 330 of Title 40, Public Buildings, Property, and Works.

§ 1500. Pendency of claims in other courts.

The Court of Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 260 (Mar. 3, 1911, ch. 231, § 154, 36 Stat. 1138). Words "or in the Supreme Court on appeal therefrom" were omitted as unnecessary.

Changes were made in phraseology.

§ 1501. Pensions.

The Court of Claims shall not have jurisdiction of any claim for a pension. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (1) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136). Section constitutes the exception in section 250 (1) of title 28, U. S. C., 1940 ed.

Changes were made in phraseology.

§ 1502. Treaty cases.

Except as otherwise provided by Act of Congress, the Court of Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations. (June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 88, 63 Stat. 102.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 259 (Mar. 3, 1911, ch. 231, § 153, 36 Stat. 1138). Phrase "Except as otherwise provided by enactment of Congress" was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States, 1943, 97 Ct. Cl. 613, certiorari denied 63 S. Ct. 992, 318 U. S. 789, 87 L. Ed. 1155, and In re United States, 1873, 17 Wall. 439, 443, 21 L. Ed. 696.)

Words "not pending therein on December 1, 1862," were omitted as obsolete.

Changes in phraseology were made.

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 250 (2) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136). The second subsection of section 250 of title 28, U. S. C., 1940 ed., is incorporated in this section. The proviso, relating to suits for fees due officers of the United States, has been incorporated in section 2501 of this title. Changes were made in phraseology.

RULES OF THE UNITED STATES COURT OF CLAIMS Counterclaims, see rule 21, Appendix to this title.

§ 1504. Tort claims.

The Court of Claims shall have jurisdiction to review by appeal final judgments in the district courts in civil actions based on tort claims brought under section 1346 (b) of this title if the notice of appeal filed in the district court has affixed thereto the written consent on behalf of all the appellees that the appeal be taken to the Court of Claims. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 933 (a) (2) (Aug. 2, 1946, ch. 753, § 412 (a) (2), 60 Stat. 844).

Last sentence of section 933 (a) (2) of title 28, U. S. C., 1940 ed., was omitted. It provided that in tort claims appeals to the Court or Claims, such court should have the same powers and duties as those of a court of appeals. Such powers and duties are inherent in the provisions of this section conferring appellate jurisdiction.

Subsection (b) of section 933 of title 28, U. S. C., 1940 ed., providing that the provisions of law governing review by the Supreme Court of cases in the courts of appeals and the Court of Claims shall apply to review of tort claims cases, was omitted as covered by sections 1254 and 1255 of this revised title.

For remainder of section 933 (a) (2) of title 28, U. S. C., 1940 ed., see Distribution Table.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

The provisions of Title 28, U. S. C., § 933 (a) (2), which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61.

CROSS REFERENCES

Courts of appeals, jurisdiction to review final decisions of district courts, see section 1291 of this title.

Time for appeal to Court of Claims in tort claims cases. see section 2110 of this title.

RULES OF THE UNITED STATES COURT OF CLAIMS Fees in cases appealed to United States Court of Claims, see rules 83-86, Appendix to this title.

§ 1505. Indian claims.

The Court of Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Claims if the claimant were not an Indian tribe, band or group. (Added May 24, 1949, ch. 139, § 89 (a), 63 Stat. 102.)

CROSS REFERENCES

Jurisdiction of Indian Claims Commission over claims accruing prior to Aug. 13, 1946, see sections 70a and 70k of Title 25, Indians.

§ 1506. Transfer to cure defect of jurisdiction.

If a case within the exclusive jurisdiction of the district courts is filed in the Court of Claims, the Court of Claims shall, if it be in the interest of justice, transfer such case to any district court in which it could have been brought at the time such case was filed, where the case shall proceed as if it had been filed in the district court on the date it was filed in the Court of Claims. (Added Pub. L. 86-770, § 2(a), Sept. 13, 1960, 74 Stat. 912.)

EFFECTIVE DATE

Section applicable to any case or proceeding pending on, or brought after, Sept. 13, 1960, in the Court of Claims, see section 4 of Pub. L. 86-770, set out in part as a note under section 1406 of this title.

CROSS REFERENCES

Transfer of cases from district courts to Court of Claims, see section 1406 of this title.

Chapter 93.-COURT OF CUSTOMS AND PATENT APPEALS

Sec.

1541. Customs Court decisions.

1542. Patent Office decisions.

1543. Tariff Commission decisions.

CROSS REFERENCES Procedure in Court of Customs and Patent Appeals, see chapter 167 of this title.

RULES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

See Title 35, Appendix, Patents.

§ 1541. Customs Court decisions.

The Court of Customs and Patent Appeals shall have jurisdiction to review by appeal final decisions of the Customs Court in all cases as to the construction of the law and the facts respecting the classification of merchandise, the rate of duty imposed thereon under such classifications, and the fees and charges connected therewith, and all appealable questions as to the jurisdiction of the Customs Court and as to the laws and regulations governing the collection of the customs revenues. (June 25, 1948, ch. 646, 62 Stat. 942.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 308 (Mar. 3, 1911, ch. 231, § 195, 36 Stat. 1145; Aug. 22, 1914, ch. 267, 38 Stat. 703; Sept. 6, 1916, ch. 448, § 6, 39 Stat. 727; Feb. 13, 1925, ch. 229, § 8, 43 Stat. 940; May 28, 1926, ch. 411, § 1, 44 Stat. 669; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 17, 1930, ch. 497, § 647, 46 Stat. 762).

Provisions of title 28, U. S. C., 1940 ed., § 308, relating to review by the Supreme Court of decisions of the Court of Customs and Patent Appeals are the basis of section 1256 of this title.

Provision in section 308 of title 28, U. S. C., 1940 ed., that judgments and decrees of the Court of Customs and Patent Appeals shall be final in the cases therein enumerated, was omitted as covered by section 2601 of this title. Procedural provisions governing review of decisions of the Customs Court by the Court of Customs and Patent Appeals are incorporated in section 2601 of this title. For appeals from the determination of the appraiser under the Anti-Dumping Law (sections 160-171 of title 19, U. S. C., 1940 ed.), see section 169 of such title 19 providing that the Court of Customs and Patent Appeals shall have the same jurisdiction as in appeals and protests relating to customs duties under existing law.

Words "exclusive appellate" preceding "jurisdiction" were omitted as inaccurate in view of section 1252 of this title providing for direct review of certain decisions of the Customs Court by the Supreme Court. Changes were made in phraseology.

PRIOR HISTORY OF COURT

From 1890 to 1909, the United States circuit courts had jurisdiction over appeals from the former Board of General Appraisers under section 15 of the Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 138.

Exclusive jurisdiction over all appeals from final decisions of the former Board of General Appraisers was conferred upon the Court of Customs Appeals established by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 36, § 29, 36 Stat. 105.

By the terms of that act, no other court had jurisdiction of appeals from final decisions of the Board of General Appraisers but the then established Court of Customs Appeals, and all pending cases in any circuit court of appeals, circuit, district, or territorial court within the jurisdiction of such court were to be transferred to it for decision.

On April 2, 1929, the name of such court was changed to the Court of Customs and Patent Appeals and additional jurisdiction over decisions of the tribunals of the Patent Office was conferred by the terms. Act Mar. 2, 1929, ch. 488, §§ 1-4, 44 Stat. 1475.

CROSS REFERENCES

Appeals from determination of appraiser under AntiDumping Law, see section 169 of Title 19, Customs Duties. Direct appeals to Supreme Court from decisions invalidating Acts of Congress, see section 1252 of this title.

Finality of decisions of Court of Customs and Patent Appeals, and procedure on appeal, see section 2601 of this title.

Jurisdiction of Customs Court, see sections 1582 and 1583 of this title.

Precedence of classification cases in Court of Customs and Patent Appeals, see section 2602 of this title.

Procedure on appeal to Court of Customs and Patent Appeals, see section 2601 of this title.

Review by Supreme Court of Court of Customs and Patent Appeal cases, see section 1256 of this title.

Taxes affecting jurisdiction of Court of Customs and Patent Appeals, see section 1528 of Title 19, Customs Duties.

RULES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Rules applicable to customs cases, see rules XV-XXIV, Title 35, Appendix, Patents.

§ 1542. Patent Office decisions.

The Court of Customs and Patent Appeals shall have jurisdiction of appeals from decisions of:

(1) the Board of Appeals and the Board of Interference Examiners of the Patent Office as to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, and such appeal by an applicant shall waive his right to proceed under section 63 of Title 35; and

(2) the Commissioner of Patents as to trademark applications and proceedings as provided in section 1071 of Title 15.

(June 25, 1948, ch. 646, 62 Stat. 942; May 24, 1949, ch. 139, § 89 (b), 63 Stat. 102.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 89 of title 15, U. S. C., 1940 ed., Commerce and Trade, title 28, U. S. C., 1940 ed., § 309a and section 59a of title 35, U. S. C., 1940 ed., Patents (R. S. § 4911; Feb. 20, 1905, ch. 592, § 6, 33 Stat. 726; Mar. 2, 1907, ch. 2573, § 2, 34 Stat. 1252; Mar. 2, 1927, ch. 273, § 8, 44 Stat. 1336; Mar. 2, 1929, ch. 488, § 2, 45 Stat. 1476; June 7, 1934, ch. 426, 48 Stat. 926; Aug. 5, 1939, ch. 451, § 3, 53 Stat. 1212).

Section 309a of title 28, U. S. C., 1940 ed., provided that the Court of Customs and Patent Appeals should have the jurisdiction vested prior to April 1, 1929, in the Court of Appeals for the District of Columbia as respects appeals from the Patent Office in patent and trade-mark cases. Section 59a of title 35, U. S. C., 1940 ed., and section 89 of title 15, U. S. C., 1940 ed., contain the jurisdictional provisions referred to by such section 309a.

Said sections 89 and 59a, of titles 15 and 35, respectively, are being retained in said titles to preserve the statutory right of appeal and the procedural provisions.

Time for appeal in patent and trade-mark cases, see section 89 of title 15 and section 60 of title 35, both of U. S. C., 1940 ed., and Rule 25 of the Rules of the Court of Customs and Patent Appeals.

Changes were made in phraseology.

REFERENCES IN TEXT

Section 63 of Title 35, referred to in subdiv. (1), was repealed by act July 19, 1952, ch. 950, § 5, 66 Stat. 794, and is covered by sections 145 and 146 of Title 35, Patents.

AMENDMENTS

1949-Par. (2). Act May 24, 1949, omitted references to "interferences and cancellations."

TRANSFER OF FUNCTIONS

The functions of all officers of the Department of Commerce and all functions of all agencies and employees of such Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under

section 591 of Title 5, Executive Departments and Government Officers and Employees. The Patent Office, referred to in this section, is an agency of the Department of Commerce, and the Commissioner of Patents, referred to in this section, is an officer of such Department.

PRIOR HISTORY OF COURT

For prior history of Court of Customs and Patent Appeals, see note set out under section 1541 of this title.

CROSS REFERENCES

Civil action to obtain patent and trade-mark, and in interferences, see sections 145 and 146 of Title 35, Patents, and section 1071 of Title 15, Commerce and Trade, respectively.

Jurisdiction of district courts of patent and trade-mark actions, see section 1338 of this title.

Procedure on appeals from decisions of Board of Appeals or Board of Interference Examiners, see sections 141-144 of Title 35, Patents.

Procedure on appeal from trade-mark decision of Commissioner of Patents, see section 1071 of Title 15, Commerce and Trade.

Trade-mark case, appellate jurisdiction, see section 1121 of Title 15, Commerce and Trade.

RULES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Rules applicable to appeals from the Patent Office, see rules XXV-XXIX, Title 35, Appendix, Patents.

are incorporated in sections 251-254, 455, 2071, 2639 and 2640 of this title.

Provision authorizing the Customs Court to punish for contempt was omitted as covered by H. R. 1600, § 401, 80th Congress, for Revision of the Criminal Code.

Changes were made in phraseology.

PRIOR HISTORY OF COURT

The predecessor of the present United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of June 10, 1890. The Board was under the administrative supervision of the Secretary of the Treasury.

From 1890 to 1926, the Board of General Appraisers had jurisdiction over all protests from decisions of the collectors of customs and appeals for reappraisement under sections 13 and 14 of the Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 136.

The Customs Court was established by act May 28, 1926, ch. 411, §§ 1, 2, 44 Stat. 669, sections 405a and 405b of Title 19, Customs Duties, and said act transferred to it all the jurisdiction and powers of the former Board of General Appraisers. The Tariff Act of June 1930, ch. 497, title IV, § 518, 46 Stat. 737, section 1518 of Title 19, continued the Customs Court as constituted on June 17, 1930 with, however, several important changes.

CROSS REFERENCES

Appeals and protests from determinations of appraisers under Anti-Dumping Law, jurisdiction of Customs Court, see section 169 of Title 19, Customs Duties.

Power of court to issue writs, see section 1651 of this title.

Punishment for contempt, see section 401 of Title 18, Crimes and Criminal Procedure.

RULES OF THE UNITED STATES CUSTOMS COURT Commissions, letters rogatory, and depositions, see rule 21, Appendix to this title.

Form of process, see rule 18.

§ 1582. Review of reappraisement; remission of duties. The Customs Court shall have exclusive jurisdiction of appeals for reappraisement and applications for review of reappraisement of imported merchandise and petitions for remission of additional duties filed under the customs laws. (June 25, 1948, ch. 646, 62 Stat. 943.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 1501 (a) of title 19, U. S. C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 501, 46 Stat. 730).

Word "exclusive" was inserted before "jurisdiction" on authority of Patchogue-Plymouth Mills Corp. v. Durning, C. C. A. N. Y. 1939, 101 F. 2d 41 and David L. Moss Co., Inc. v. U. S., Cust. & Pat. App. 1939, 103 F. 2d 395 and cases cited therein.

The provisions of section 1501 (a) of title 19, U. S. C., 1940, ed., relating to procedure in the Customs Court are incorporated in sections 2631-2634 of this title.

For appeals from the determination of the appraiser under the Anti-Dumping Law (sections 160-171 of title 19, U. S. C., 1940 ed.), see section 169 of said title 19 providing that the Customs Court and Court of Customs and Patent Appeals shall have the same jurisdiction as in appeals and protests relating to Customs Duties under existing law.

Changes were made in phraseology.

PRIOR HISTORY OF COURT

For prior history of Customs Court see note set out under section 1581 of this title.

CROSS REFERENCES

Additional duties for failure to mark article or container of foreign origin, see section 1304 of Title 19, Customs Duties.

Appeals

By American producers on value, see section 1516 of Title 19, Customs Duties.

Decisions of Customs Court, see section 1541 of this

title.

From determination of appraiser under Anti-Dumping Law, see section 169 of Title 19, Customs Duties. Procedure on appeal, see chapter 169 of this title. Transmittal of by collector to Customs Court, see section 1501 of Title 19, Customs Duties.

Finality of decision of Customs Court, see section 2637 of this title.

Liability of consignee for additional or increased duties, see section 1485 of Title 19, Customs Duties.

RULES OF UNITED STATES CUSTOMS COURT Petition for remission of additional duties, see rule 25, Appendix to this title.

§ 1583. Review of decisions on protests.

The Customs Court shall have exclusive jurisdiction to review on protest the decisions of any collector of customs, including all orders and findings entering into the same, as to the rate and amount of duties chargeable and as to all exactions of whatever character within the jurisdiction of the Secretary of the Treasury; decisions excluding any merchandise from entry or delivery, under any provision of the customs laws; and the liquidation or reliquidation of any entry, or the refusal to pay any claim for drawback or to reliquidate an entry for a clerical error as provided by the customs laws. (June 25, 1948, ch. 646, 62 Stat. 943.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 1515 of title 19, U. S. C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 515, 46 Stat. 734).

Word "exclusive" was inserted before "jurisdiction" upon authority of Patchogue-Plymouth Mills Corp. v. Durning, C. C. A. N. Y. 1939, 101 F. 2d 41 and David L. Moss Co., Inc., v. U. S., Cust. & Pat. App. 1939, 103 F. 2d 395, and cases cited therein.

The decisions and matters reviewable by the Customs Court referred to in this section are those provided in section 1514 of title 19, U. S. C., 1940 ed., which relates to finality of and protests against a collector's decisions.

The provisions of section 1515 of title 19, U. S. C., 1940 ed., relating to procedure in the Customs Court are incorporated in section 2637 of this title.

Jurisdiction, powers and duties in connection with appeals and protests under the Anti-Dumping Act, see section 169 of title 19, U. S. C., 1940 ed.

PRIOR HISTORY OF COURT

For prior history of Customs Court, see note set out under section 1581 of this title.

CROSS REFERENCES

Drawback and refunds, see section 1313 of Title 19, Customs Duties.

Exclusion of imports from countries making discrimination, see section 1338 of Title 19. Jurisdiction of district court

Customs actions, see section 1340 of this title. Fine, penalty or forfeiture, see section 1355 of this title.

Internal revenue, see section 1340 of this title. Liquidation of entry by collector, see notes under section 1505 of Title 19. Protests

Action of collector in assessing special dumping duty, see section 169 of Title 19.

19.

Against collector's decision, see section 1514 of Title

Amendment of protests in Customs Court, see section 2642 of this title.

By American producers on value, see section 1516 of Title 19.

Refused entry of falsely described or designated origin of goods, see section 1125 of Title 15, Commerce and Trade.

Transmittal by collector to Customs Court, see section 1515 of Title 19.

Refunds of duties for clerical error by Secretary of Treasury, see section 1520 of Title 19.