INTERNATIONAL TRADE (7) a statement of facts sufficient to bring the merchandise within the claimed statutory provision; and (8) if the stipulation for judgment involves an issue other than the classification of, or rate of duty chargeable upon, an importation: (i) a statement identifying the nature of the protested decision, (ii) a concise statement of the claim or claims made with regard to the disputed decision, and the relief requested by plaintiff, and (iii) a concise statement of facts sufficient to sustain the aforesaid claims as a matter of law. The proposed stipulated judgment on agreed statement of facts shall be substantially in the form set forth in Form 9, with appropriate additions and deletions if the action does not involve valuation or classification. COMPLAINT ALLEGATIONS The forms of allegations set out below are intended to indicate the allegations which should be included in the particular civil actions. Actions Described in 28 U.S.C. § 1581(a) or (b) (a) General: The complaint in a civil action should set forth: (1) a statement of the basis of the court's jurisdiction; (2) a statement of plaintiff's standing in the action; (3) a statement that the protest was timely filed; (4) a statement, when appropriate, that all liquidated duties have been paid; (5) a description of the merchandise involved; (6) a specification of the contested customs decision or decisions; and (7) a demand for judgment for the relief to which plaintiff deems himself entitled. (b) Value: If the contested customs decision involves the value of merchandise, the complaint should also set forth: (1) the date and country of exportation; (2) a statement of the appraised value or values; (3) a statement of the claimed statutory basis or bases of value; (4) a statement of the amount or amounts of the unit value claimed to be the correct value or values, or a statement of how the claimed value may be computed; and (5) concise allegations of plaintiff's contentions of fact and law in support of the above. (c) Classification: If the contested customs decision involves the classification of merchandise, the complaint should also set forth: (1) the tariff paragraph or item number of the statute, including all modifications and amendments thereof, under which the merchandise was classified, and the rate of duty imposed; (2) the tariff description and the paragraph or item number of the statute, including all modifications and amendments thereof, under which the merchandise is claimed to be properly subject to classification, and the rate of duty claimed to be applicable; and (3) concise allegations of plaintiff's contentions of fact and law in support of the above. (d) Other: If the contested customs decision involves any other administrative decision, the complaint should also set forth: (1) a statement of the nature of the alleged error in the decision; and (2) concise allegations of plaintiff's contentions of fact and law in support of plaintiff's position. INTERNATIONAL TRADE PLEASE TAKE NOTICE that a civil action has been commenced pursuant to 28 U.S.C. § 1581(a) to contest denial of the protest specified below (and the protests listed in the attached schedule). Appraised: Protest Claim: Merchandise INTERNATIONAL TRADE State Specifically the Decision (as Described in 19 U.S.C. §1514(a)) and the Protest Claim: The issue which was common to all such denied protests: Every denied protest included in this civil action was filed by the same above-named importer, or by an authorized person in his behalf. The category of merchandise specified above was involved in each entry of merchandise included in every such denied protest. The issue or issues stated above were common to all such denied protests. All such protests were filed and denied as prescribed by law. All liquidated duties, charges or exactions have been paid, and were paid at the port of entry unless otherwise shown. Page 2 Signature of Plaintiff's Date Port of Entry Protest Number INTERNATIONAL TRADE SCHEDULE OF PROTESTS Page 222 Date Protest Date Protest Entry Date of Date of District Director of Customs, Page 3 If the port of entry shown above is different |