[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: 19CFR103.3]

[Page 432]
 
                        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. 103.3  Publication of information in the Federal Register.

    (a) Requirements. Subject to the application of the exemptions 
described in Sec. 103.12 and subject to the limitations provided in 
paragraph (b) of this section, the United States Customs Service is 
required, by 5 U.S.C. 552(a)(1), to separately state, publish and keep 
current in the Federal Register for the guidance of the public the 
following information:
    (1) Descriptions of its central and field organization and the 
established places at which, the persons from whom, and the methods 
whereby, the public may obtain information, make submittals or requests, 
or obtain decisions.
    (2) A statement of the general course and method by which its 
function are channeled and determined, including the nature and 
requirements of all formal and informal procedures available.
    (3) Rules of procedure, descriptions of forms available and the 
places at which forms may be obtained, and instructions as to the scope 
and contents of all papers, reports, or examinations.
    (4) Substantive rules of general applicability adopted as authorized 
by law, and statements of general policy or interpretations of general 
applicability formulated and adopted by it.
    (5) Each amendment, revision, or repeal of matters referred to in 
paragraphs (a) (1) through (4) of this section.
    (b) Limitations--(1) Incorporation by reference in the Federal 
Register. Matter reasonably available to an affected class of persons, 
whether published by a private organization or an agency of the United 
States, is published in the Federal Register for purposes of paragraph 
(a) of this section when it is incorporated by reference in the Federal 
Register with the approval of the Director of the Federal Register. Any 
matter which is incorporated by reference must be set forth in the 
privately- or publicly-printed document substantially in its entirety 
and not merely summarized or printed as a synopsis. There can be no 
incorporation by reference in the Federal Register of any matter where 
only a few persons having a special working knowledge of the activities 
of the United States Customs Service are familiar with its location and 
scope. The provisions of 5 U.S.C. 552(a)(1) and 1 CFR part 20 control 
any incorporation of matter by reference.
    (2) Effect of failure to publish. Except to the extent that a person 
has actual and timely notice of the terms of any matter referred to in 
paragraph (a) of this section which is required to be published in the 
Federal Register, that person is not required in any manner to resort 
to, or be adversely affected by, that matter if it is not published or 
incorporated by reference. That is, any matter which imposes an 
obligation and which is not published or incorporated by reference can 
not adversely change or affect a person's rights.