PART 176—PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Authority: R.S. 251, as amended, sec. 624, 46 Stat. 759; 19 U.S.C. 66, 1624, unless otherwise noted. § 176.0 Scope. This part deals with service of summons and notice of appeal in actions before the Court of International Trade, the transmission of records to the court, statements of agreed facts, and Customs procedures following a decision by the court. [T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985] Subpart A—Service § 176.1 Service of summons. When an action is initiated in the Court of International Trade a copy of the summons will be served in the manner prescribed by the Court of International Trade upon the CBP official(s) who denied the protest(s), and an additional copy will be served upon the Assistant Chief Counsel for Court of International Trade Litigation, United States Customs and Border Protection, 26 Federal Plaza, New York, N.Y. 10007. [CBP Dec. No. 16-26, 81 FR 93025, Dec. 20, 2016] § 176.2 Service of notice of appeal. When the United States is an appellee in an appeal taken to the Court of Appeals for the Federal Circuit, a copy of the notice of appeal shall be served upon the Assistant Chief Counsel for Court of International Trade Litigation. (28 U.S.C. 2601, as amended) [T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985] Subpart B—Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall be immediately transmitted to the Court of International Trade as part of the official record by the Customs officer concerned: (a) Consumption or other entry; (b) Commercial invoice; (c) Special Customs invoice; (d) Copy of protest and any amendments thereto; (e) Copy of denial or protest in whole or in part; (f) Importer's exhibits; (g) Official samples; (h) Any official laboratory reports; (i) The summary sheet; (j) In any case in which one or more of the items listed in paragraphs (a) through (i) of this section do not exist, the Customs officer shall include a statement to that effect, identifying the items which do not exist. (28 U.S.C. 2632, as amended) [T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985] Subpart C—Statement of Agreed Facts § 176.21 Referral of statement of agreed facts for certification. Statements of agreed facts (also referred to as stipulations) to be used by the Department of Justice in submitting cases to the Court of International Trade may be referred for certification to Customs officials by the office of the Assistant Attorney General, International Trade Field Office, Civil Division, Department of Justice, 26 Federal Plaza, New York, N.Y. 10278. [T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985; T.D. 88-47, 53 FR 30984, Aug. 17, 1988] § 176.22 Deletion of protest or entry number. If any protest number or entry number is to be deleted from a schedule of protest numbers or entry numbers attached to or embodied in a statement of agreed facts, a line shall be drawn through the number and the change shall be initialed by the authorized official making and approving the deletion. [T.D. 70-181, 35 FR 13433, Aug. 22, 1970] Subpart D—Procedure Following Court Decision § 176.31 Reliquidation following decision of court. (a) Decision of U.S. Court of International Trade. (b) Decision of the Court of Appeals for the Federal Circuit. (c) Waiver of right of appeal. (Sec. 514, 46 Stat. 734, as amended; 19 U.S.C. 1514) [T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985]