[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR103.5]

[Page 443-446]
 
                        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. 103.5  Specific requests for records.

    (a) In general. Except with respect to the records made available 
under Secs. 103.3 and 103.4, but subject to the application of the 
exemptions described in Sec. 103.12, the United States Customs Service 
is required, by 5 U.S.C. 552(a)(3), upon a request for reasonably-
described records that conforms in every respect to the rules and 
procedures of this part, to make the requested records promptly 
available to the requester. A request or an appeal from the initial 
denial of a request which does not comply with the requirements set 
forth in this part is not subject to the time limits of Secs. 103.6, 
103.7, and 103.8 until amended so as to comply. Nevertheless, every 
reasonable effort will be made to answer each request within the 
applicable time limits

[[Page 444]]

or, if necessary, to promptly advise the requester in what respect the 
request or appeal is deficient so that it may be resubmitted or amended 
for consideration in accordance with this part. This section applies 
only to existing records which are in the possession or control of the 
United States Customs Service. There is no requirement that records be 
created or data be processed in other than the existing format in order 
to answer a request for records.
    (b) Requests for records not in control of the United States Customs 
Service--(1) Referral of request. Where the request is for a record in 
the possession of, under the control of, or created by a constituent 
unit of the Department of the Treasury other than the United States 
Customs Service, the appropriate Customs officer shall transfer the 
request to the appropriate constituent unit and notify the requester of 
that transfer. Forwarding a request to another constituent unit is not a 
denial of access within the meaning of these regulations. If the United 
States Customs Service receives a request forwarded from another 
constituent unit of the Department of the Treasury, the time limits for 
response set forth in Secs. 103.6(b) and 103.8(a) commence upon receipt 
of the request by the Disclosure Law Officer, U.S. Customs Service. If 
the United States Customs Service receives a request for a record that 
is not in the possession or control of any constituent unit of the 
Department of the Treasury, the appropriate Customs officer shall return 
the request to the sender with an explanation of that fact.
    (2) Request for advice. If the Customs Service has a copy of a 
requested unclassified record that was created by a Department or agency 
other than a constituent unit of the Department of the Treasury, the 
appropriate Customs officer shall ask that Department or agency for its 
advice on the release of the record. The appropriate Customs officer 
shall advise the other Department or agency that, in the absence of 
timely guidance from it, the United States Customs Service will proceed 
to make its own determination in accordance with this part. If it 
becomes necessary to respond to a requester because of the time limits 
set forth in Secs. 103.6(b) and 103.8(a) without the advice of the other 
Department or agency, the appropriate Customs officer shall make the 
determination in accordance with this part and advise the requester 
accordingly. If the appropriate Customs officer denies access to the 
record under one of the exemptions set forth in Sec. 103.12, that 
officer shall advise the requester of the right to appeal the denial and 
of the possibility of sending a request for the record directly to the 
originating Department or agency. If a requester appeals from a denial 
to the United States Customs Service, the appropriate Customs officer 
shall ask the originating Department or agency for timely advice on 
whether to release the records. Nevertheless, the ultimate decision on 
the appeal from a denial of access to a record rests with the FOIA 
Appeals Officer, as set forth in Sec. 103.7.
    (3) Classified records. If the Customs Service has a copy of a 
requested record created by a Department or agency other than a 
constituent unit of the Department of the Treasury, and that record is 
classified or contains both classified and unclassified material, the 
request shall be referred to the originating Department or agency for a 
direct response. The requester shall be notified immediately of the 
referral. Such referral shall not constitute a denial of the request and 
no appeal rights accrue to the requester.
    (c) Form of request. Although no standard form is prescribed for a 
request, in order to be subject to the provisions of this section and 
Secs. 103.6 through 103.9, a request for records must:
    (1) Be made in writing and signed by the person making that request;
    (2) State that it is made pursuant to the Freedom of Information 
Act, as amended (5 U.S.C. 552), or these regulations, and have 
conspicuously printed on the face of the envelope the words ``Freedom of 
Information Act Request'' or ``FOIA Request'';
    (3) Be addressed to the appropriate office or officer of the United 
States Customs Service, as set forth in paragraph (d) of this section;
    (4) Reasonably describe the records in accordance with paragraph (e) 
of this section.

[[Page 445]]

    (5) Set forth the address where the person making the request 
desires to be notified of the determination as to whether the request 
will be granted;
    (6) State whether the requester wishes to inspect the records or 
desires to have a copy made and furnished without first inspecting them; 
and
    (7) State the firm agreement of the requester to pay the fees for 
search and duplication ultimately determined in accordance with 
Sec. 103.10, or request that such fees be reduced or waived and state 
the justification for such request (see Sec. 103.10(d)).

Where the initial request, rather than stating a firm agreement to pay 
the fee ultimately determined in accordance with Sec. 103.10, places an 
upper limit on the amount the requester agrees to pay and that upper 
limit is likely to be lower than the estimated fee, or where the 
requester asks for an estimate of the fees to be charged, or if the fees 
are expected to exceed $50, the appropriate Customs officer shall 
promptly advise the requester of the estimated fee due and ask the 
requester to agree to pay that amount. Where the initial request 
includes a request for reduction or waiver of fees, the appropriate 
Customs officer shall determine whether to grant the request for 
reduction or waiver in accordance with Sec. 103.10(d) and notify the 
requester of the decision. If the officer decides to charge the 
requester for all or part of the fees normally due, the officer shall 
ask the requester to agree to pay the amount so determined. The 
requirements of this paragraph are not met until the requester agrees, 
in writing, to pay the fees applicable to the request for records, if 
any, or has made payment in advance of the fees estimated to be due.
    (d) To whom requests for records should be addressed--(1) 
Headquarters. Requests made by mail for records maintained at the 
Headquarters of the United States Customs Service should be addressed to 
``Freedom of Information Act Request,'' U.S. Customs Service, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229. Requests may be 
delivered personally to the Disclosure Law Officer, U.S. Customs 
Service, Headquarters, Washington, DC.
    (2) Field offices. A person shall request records or information 
maintained in a field office of the United States Customs Service by 
either mailing or personally delivering the request to the director of 
the service port, or if the records concern the Office of 
Investigations, the special agent in charge, where the field office is 
located.
    (e) Reasonable description of records. A request for records must 
describe the records in reasonably sufficient detail to enable a Customs 
officer who is familiar with the subject area of the request to locate 
the records without placing an unreasonably burden upon the United 
States Customs Service. While no specific formula for a reasonable 
description of a record can be established, the requirement is usually 
satisfied if the requester gives the name, subject matter, and, if 
known, the date and location of the requested record. However, a 
requester should furnish any additional information which will more 
clearly identify the requested records. If a request does not reasonably 
describe the records being sought, the appropriate Customs officer shall 
ask the requester to refine the request. If necessary a requester may be 
granted a conference with knowledgeable Customs personnel. The 
requirement for a reasonably description is not a device for improperly 
withholding records from the public.
    (f) Date of receipt of request. A request for records is considered 
to have been received for purposes of this part on the later of the 
dates on which:
    (1) The requirements of paragraph (c) of this section have been 
satisfied; and, where applicable,
    (2) The requester has agreed in writing, by executing a separate 
contract or otherwise, to pay the fees for search and duplication 
determined to be due in accordance with Sec. 103.10; or
    (3) The fees have been waived in accordance with Sec. 103.10(d); or
    (4) Payment in advance has been received from the requester.

A Customs officer or employee who receives a request for records and a 
separate agreement to pay, or a letter transmitting prepayment, or who 
issues a final notification of waiver of fees, shall stamp the date of 
receipt or dispatch by the responsible office on

[[Page 446]]

the materal. The latest of those dates is the date of receipt of the 
request. As soon as the date of receipt has been established, the 
appropriate Customs officer shall acknowledge receipt and inform the 
requester of the title of the Customs officer who is responsible for 
acting on the request.
    (g) Search for record requested. Upon the receipt of a request, the 
appropriate Customs officer shall attempt to identify and locate the 
requested records. With respect to records maintained in computerized 
form, a search for a record includes services functionally analogous to 
searches for records which are maintained in a conventional form. 
However, Customs personnel are not required to tabulate or compile 
information for the purpose of creating a record. Only records in 
existence at the time of the receipt of the request will be treated as 
falling within the scope of the request and no request for the 
continuing production of documents created after receipt of the request 
will be honored.
    (h) ``Request for record'' defined. For purposes of uniformity in 
recordkeeping a ``request for a record'' is defined as a written request 
for a record of the U.S. Customs Service which has not been published in 
the Federal Register, the Customs Bulletin, by press release, or 
otherwise, or made available in a public reading room, or which has not 
previously been customarily furnished to requesters, whether or not the 
request makes reference to the Freedom of Information Act, as amended (5 
U.S.C. 552).

[T.D. 81-168, 46 FR 32565, June 24, 1981; 46 FR 35084, July 7, 1981, as 
amended by T.D. 91-77, 56 FR 46114, Sept. 10, 1991; T.D. 99-27, 64 FR 
13675, Mar. 22, 1999]