[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: 19CFR103.9]

[Page 438-439]
 
                        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. 103.9  Judicial review.

    (a) Failure to comply with time limitations. If the United States 
Customs Service fails to comply with the time limitations specified in 
Secs. 103.6, 103.7 or Sec. 103.8, a requester is considered to have 
exhausted the administrative remedies with respect to the request.
    (b) Procedure of initiating judicial review. If a request for 
records is denied upon appeal pursuant to Sec. 103.7, or if no 
determination is made within the 10-day or 20-day periods specified in 
Secs. 103.6 and 103.7, respectively, together with an extension pursuant 
to Sec. 103.8(a) or by agreement of the requester, the requester may 
commence an action under 5 U.S.C. 552(a)(4)(B) in a United States 
district court in the district (1) in which the requester resides, (2) 
in which the requester's principal place of business is located, (3) in 
which the records are situated, or (4) in the District of Columbia. 
Service of process in that action is governed by the Federal Rules of 
Civil Procedure (28 U.S.C. App.) applicable to actions against an agency 
of the United States. The Chief Counsel, United States Customs Service, 
1300 Pennsylvania Avenue, NW., Washington, DC 20229 is the officer 
designated to receive any service of process.

[[Page 439]]

    (c) Proceeding against officer or employee. Under 5 U.S.C. 
552(a)(4)(F), the Special Counsel, Merit Systems Protection Board, has 
authority, upon the issuance of a written finding by a court that the 
Customs officer or employee who was primarily responsible for 
withholding a record may have acted arbitrarily or capriciously, to 
initiate a proceeding to determine whether disciplinary action is 
warranted against that officer or employee. The Special Counsel, after 
investigation and consideration of the evidence submitted, submits its 
findings and recommendations to the Commissioner of Customs and the 
Secretary of the Treasury. The Special Counsel also sends copies of the 
findings and recommendations to the officer or employee or the 
representative of that officer or employee.

[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 99-27, 64 
FR 13675, Mar. 22, 1999]