[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR4.8]

[Page 34]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 4--DISCLOSURE OF GOVERNMENT INFORMATION--Table of Contents
 
                  Subpart A--Freedom of Information Act
 
Sec. 4.8  Classified Information.

    In processing a request for information classified under Executive 
Order 12958 or any other executive order concerning the classification 
of records, the information shall be reviewed to determine whether it 
should remain classified. Ordinarily the component or other Federal 
agency that classified the information should conduct the review, except 
that if a record contains information that has been derivatively 
classified by a component because it contains information classified by 
another component or agency, the component shall refer the 
responsibility for responding to the request to the component or agency 
that classified the underlying information. Information determined to no 
longer require classification shall not be withheld on the basis of FOIA 
exemption (b)(1) (5 U.S.C. 552(b)(1)), but should be reviewed to assess 
whether any other FOIA exemptions should be invoked. Appeals involving 
classified information shall be processed in accordance with 
Sec. 4.10(c).