[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR103.11]

[Page 440-442]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 103--AVAILABILITY OF INFORMATION--Table of Contents
 
 Subpart A--Production of Documents/Disclosure of Information Under the 
                                  FOIA
 
Sec. 103.11  Specific Customs Service records subject to disclosure.

    (a) Administrative staff manuals and instructions. Except as 
exempted by Sec. 103.12, all administrative staff manuals and 
instructions to staff that affect any member of the public, and indexes 
thereto, are available for public inspection and copying in the Customs 
Service public reference facilities (see Sec. 103.1), including the 
following:

Forms Catalog. Customs and other agency forms currently available from 
the Customs Service.
Legal Precedent Retrieval System. The directory is a listing by selected 
keywords of

[[Page 441]]

all classification rulings issued since early 1974 that affect a 
substantial volume of imports or transactions or are of general interest 
or importance, and of all published classification rulings issued since 
August 31, 1963, including classification decisions, and classification 
rulings circulated within the Customs Service by the Customs Information 
Exchange and the Office of Regulations and Rulings. The directory also 
contains limited information on decisions and rulings pertaining to 
entry, value, drawback, marking, country of origin, and vessel repairs. 
The directory is maintained on microfiche and is continually updated. 
Duplicate microfiche are available for 15[cent] each, through 
subscription or in individual sets. The costs of a set will depend upon 
the number of microfiche it contains.
Fines, Penalties, and Forfeitures Handbook. Collects in one document 
information relating to the total management of the fines, penalties, 
and forfeitures program.
Inspector Rate Book. A ready reference guide for inspection personnel. 
Contains an abbreviated Tariff Schedules of the United States and other 
reference material.
Customs Issuance System (CIS) Index. The index provides a brief 
description of circulars, manuals, legal rulings, decisions, and other 
Customs documents.
Operational Handbook of Other Agency Requirements Enforced by the U.S. 
Customs Service.
Customs Valuation under the Trade Agreements Act of 1979.
Fundamentals of Customs Tariff and Trade Operations Handbook. Material 
relating to the duties and responsibilities of import specialists: entry 
of merchandise, restrictions, prohibitions and other agency 
requirements, special trade programs, invoicing and related 
documentation, examination of merchandise, Customs valuation, tariff 
classification, liquidation, protests, and miscellaneous import 
specialist concerns.

    (b) Other Customs records. In general, all other documents issued by 
the Secretary of the Treasury, the Commissioner of Customs, or other 
officers of the Department of the Treasury or of the United States 
Customs Service in matters administered by the United States Customs 
Service, if reasonably described, and unless exempted from disclosure 
under Sec. 103.12, are available. The classes of records of the United 
States Customs Service which may be made available under this paragraph 
upon written request submitted in accordance with Sec. 103.5 include, 
but are not limited to the following:
    (1) Records relating to:
    (i) Comments submitted by private parties (which are not considered 
to include foreign governments) in response to a published notice of 
proposed rulemaking and of proposed changes in tariff classification, 
unless the submitter states that the information is privileged or 
confidential, giving reasons therefor, and the Commissioner of Customs 
agrees that the information contained therein is exempt from disclosure 
under Sec. 103.12;
    (ii) Advisory committees on Customs matters;
    (iii) Rosters of licensed customhouse brokers;
    (iv) Names of individual licensed customhouse brokers;
    (v) Names and titles of all Customs personnel;
    (vi) Performance awards;
    (vii) Suggestion awards;
    (viii) The administration of and decisions concerning import quotas; 
and
    (ix) Customs laboratory methods.
    (2) Decisions concerning--(i) Matters arising under the Tariff 
Schedules of the United States and the Harmonized Tariff Schedule of the 
United States (19 U.S.C. 1202);
    (ii) Whether or not specific items, articles, or merchandise qualify 
for entry under the Trade Fair Act of 1959 (19 U.S.C. 1751 et seq.), and 
the disposition of articles previously entered under the Trade Fair Act; 
Customs participation and assistance at Trade Fairs;
    (iii) The dutiable status of gifts pursuant to section 321, Tariff 
Act of 1930, as amended (19 U.S.C. 1321);
    (iv) The eligibility of vehicles used in international traffic 
pursuant to section 332(a), Tariff Act of 1930 (19 U.S.C. 1322(a)), and 
other instruments of international traffic generally for duty-free 
entry;
    (v) Prohibition from entry of merchandise produced by convict, 
forced, or indentured labor (19 U.S.C. 1307);
    (vi) The entry or valuation of merchandise;
    (vii) Liens in cases arising under section 564, Tariff Act of 1930, 
as amended (19 U.S.C. 1564);
    (viii) Bills of lading, carriers' certificates, or rights in respect 
of merchandise, cases arising under section 483 or 484(c), (h), or (i), 
Tariff Act of 1930, as

[[Page 442]]

amended (19 U.S.C. 1483, 1484(c), (h), (i));
    (ix) Trademarks, trade names, copyrights, patents, and related 
matters;
    (x) Country of origin marking requirements of section 304, Tariff 
Act of 1930, as amended (19 U.S.C. 1304);
    (xi) Psittacine or other birds, bird feathers, bird skins, monkeys, 
dogs, cats, and other animals and pets prohibited entry or subject to 
restrictions and controls on entry;
    (xii) Entry of articles admitted temporarily free of duty under bond 
as provided in Schedule 8, Part 5C, Tariff Schedules of the United 
States and Chapter 98, Subchapter XIII, HTSUS (19 U.S.C. 1202), and 
entry of articles admitted temporarily free of duty under A.T.A. 
Carnets, as provided in Sec. 114.22(a) of this chapter;
    (xiii) Tonnage taxes (regular, special, and discriminatory) and 
light money;
    (xiv) The entry, clearance and use of vessels and permits for them 
to proceed coastwise;
    (xv) The regulation of vessels in the foreign, coastal, fishing, and 
other trades of the United States;
    (xvi) The limitation of the use of foreign vessels in waters under 
the jurisdiction of the United States;
    (xvii) Salvage operations by vessels within the territorial waters 
of the United States (46 U.S.C. 316);
    (xviii) The assessment and collection of duties on equipment or 
repairs of vessels or aircraft under section 466, Tariff Act of 1930, as 
amended (19 U.S.C. 1466), and the remission or refund of such duties;
    (xix) Requirements for entry, clearance, and use of aircraft;
    (xx) The arrival or departure and the use of motor vehicles, railway 
trains, or other vehicles;
    (xxi) Adequacy of premises at Customs bonded warehouses and control 
of the merchandise stored therein;
    (xxii) Use of protective Customs seals and labels; and
    (xxiii) The itineraries of foreign vessels which had been submitted 
for an advisory ruling to determine whether the primary object of a 
contemplated voyage would be considered to unlawful coastwise trade (see 
Sec. 4.80a(d) of this chapter).

[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 85-123, 50 
FR 29954, July 23, 1985; T.D. 89-1, 53 FR 51255, Dec. 21, 1988; T.D. 97-
82, 62 FR 51770, Oct. 3, 1997]