[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR103.0]



[Page 483-484]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 103_AVAILABILITY OF INFORMATION--Table of Contents

 

Sec.  103.0  Scope.









Sec.

103.0 Scope.



 Subpart A_Production of Documents/Disclosure of Information Under the 

                                  FOIA



103.1 Public reading rooms.

103.2 Information available to the public.

103.3 Publication of information in the Federal Register.

103.4 Public inspection and copying.

103.5 Specific requests for records.

103.6 Grant or denial of initial request.

103.7 Administrative appeal of initial determination.

103.8 Time extensions.

103.9 Judicial review.

103.10 Fees for services.

103.11 Specific Customs Service records subject to disclosure.

103.12 Exemptions.



[[Page 484]]



103.13 Segregability of records.



Subpart B_Production or Disclosure in Federal, State, Local, and Foreign 

                               Proceedings



103.21 Purpose and definitions.

103.22 Procedure in the event of a demand for Customs information in any 

          federal, state, or local civil proceeding or administrative 

          action.

103.23 Factors in determining whether to disclose information pursuant 

          to a demand.

103.24 Procedure in the event a decision concerning a demand is not made 

          prior to the time a response to the demand is required.

103.25 Procedure in the event of an adverse ruling.

103.26 Procedure in the event of a demand for Customs information in a 

          state or local criminal proceeding.

103.27 Procedure in the event of a demand for Customs information in a 

          foreign proceeding.



        Subpart C_Other Information Subject to Restricted Access



103.31 Information on vessel manifests and summary statistical reports.

103.31a Advance electronic information for air, truck, and rail cargo.

103.32 Information concerning fines, penalties, and forfeitures cases.

103.33 Release of information to foreign agencies.

103.34 Sanctions for improper actions by Customs officers or employees.

103.35 Confidential commercial information; exempt.



    Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 U.S.C. 

9701.

    Section 103.31 also issued under 19 U.S.C. 1431;

    Section 103.31a also issued under 19 U.S.C. 2071 note;

    Section 103.33 also issued under 19 U.S.C. 1628;

    Section 103.34 also issued under 18 U.S.C. 1905.

    Section 103.35 also issued under E.O. 12600 of June 23, 1987.



    Source: T.D. 81-168, 46 FR 32565, June 24, 1981, unless otherwise 

noted.





    This part governs the production/disclosure of agency-maintained 

documents/information requested pursuant to various disclosure laws and/

or legal processes. Thus, the extent of disclosure of requested 

information may be dependent on whether the request is pursuant to the 

provisions of the Freedom of Information Act (FOIA), as amended (5 

U.S.C. 552), the Privacy Act of 1974, as amended (5 U.S.C. 552a), and/or 

under other statutory or regulatory authorities, as required by 

administrative and/or legal processes. The regulations for this part 

contain a discussion of applicable fees for the search, duplication, 

review, and other tasks associated with processing information requests 

pursuant to the FOIA, and also provide for the appeal of agency 

decisions and sanctions for the improper withholding and/or the untimely 

release of requested information. As information obtained by Customs is 

derived from a myriad of sources, persons seeking information should 

consult with the appropriate field officer before invoking the formal 

procedures set forth in this part. These regulations supplement the 

regulations of the Department of the Treasury regarding public access to 

records, which are found at 31 CFR part 1, and, in the event of any 

inconsistency between these regulations and those of the Department of 

the Treasury, the latter shall prevail. For purposes of this part, the 

Office of the Chief Counsel is considered a part of the United States 

Customs Service.



[T.D. 96-36, 61 FR 19838, May 3, 1996, as amended by T.D. 99-27, 64 FR 

13675, Mar. 22, 1999]