[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: 19CFR103.10]



[Page 492-494]

 

                        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

 

 Subpart A_Production of Documents/Disclosure of Information Under the 

                                  FOIA

 

Sec.  103.10  Fees for services.



    (a) In general. (1) The fees prescribed in this section are for 

search and duplication and under no circumstances is there a fee for 

determining whether an exemption can or should be asserted, for deleting 

exempt matter being withheld from records to be furnished, or for 

monitoring a requester's inspection of records made available in this 

manner.

    (2) Customs publications which are available for sale through the 

Government Printing Office are on the shelves of the reading rooms and 

similar public inspection facilities, but those publications are not 

available for sale at those facilities. Those publications may be 

purchased from the Superintendent of Documents, U.S. Government Printing 

Office, Washington, DC 20402. However, pages from those publications may 

be copied at the public inspection facilities in accordance with the 

schedule of fees set forth in paragraph (g) of this section.

    (b) When charged. Unless charges are inapplicable, or are waived or 

reduced in accordance with paragraph (c) or (d) of this section, fees 

are charged in accordance with the schedule contained in paragraph (g) 

of this section for services rendered in responding to requests for 

records.

    (c) Services performed without charge--(1) Certain classes of 

records. The Commissioner of Customs or any of the Commissioner's 

designees may determine, under the rulemaking procedures of 5 U.S.C. 

553, which classes or records under their control may be provided to the 

public without charge, or at a reduced charge.

    (2) Records provided to government units. Normally, in accordance 

with paragraph (d)(2)(ii) of this section, no charge is made for 

providing records to Federal, State, or foreign governments, 

international governmental organizations, or local governmental agencies 

or offices.

    (d) Waiver or reduction of fees--(1) Records unavailable or exempt. 

Fees may be waived or reduced at the discretion of the Customs officer 

who determines the availability of records, if the record is not found 

or is exempt from disclosure.

    (2) Request for waiver or reduction of fees. Fees may be waived or 

reduced on a case by case basis in accordance with this paragraph by the 

Customs officer who determines whether to release the record. A request 

for a waiver or reduction of fees must be in writing. The appropriate 

Customs officer shall waive or reduce a fee if the officer determines 

either that:

    (i) The records are being requested by, or on behalf of, an 

individual who



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in writing, under penalty or perjury, demonstrates indigency to the 

satisfaction of the officer and that compliance with the request does 

not constitute an unreasonable burden on the United States Customs 

Service; or

    (ii) A waiver or reduction of the fees is in the public interest 

because furnishing the information primarily benefits the general 

public.

    (3) Appeal from denial of request. An appeal from a denial of a 

request for waiver or reduction of fees is decided under the criteria 

set forth in paragraph (d)(2) of this section by the FOIA Appeals 

Officer. An appeal shall be in writing and mailed to the FOIA Appeals 

Officer within 35 days of the denial of the initial request for waiver 

or reduction. An appeal under this paragraph is entitled to a prompt 

decision.

    (e) Avoidance of unexpected fees. In order to protect a requester 

from unexpected fees, a requester is required to state in the request an 

agreement to pay the fees determined in accordance with paragraph (g) of 

this section or to state an acceptable upper limit on the cost of 

processing the request. If the fee for processing the request is 

estimated to exceed that limit, or if the requester has failed to state 

a limit and the cost is estimated to exceed $50 and there is no decision 

to waive or reduce the fees, the appropriate Customs officer shall:

    (1) Inform the requester of the estimated costs;

    (2) Extend an offer to the requester to confer with Customs 

personnel in an attempt to reformulate the request in a manner which 

will reduce the fee and still meet the needs of the requester, and

    (3) Inform the requester that the running of the time period within 

which a determination on the request must be made is suspended until the 

request is reformulated in manner to reduce the cost or until the 

requester pays or agrees to pay the estimated cost.

    (f) Form of payment. (1) A requester shall pay by a check or money 

order that is payable to the order of the United States Customs Service.

    (2) If the estimated cost exceeds $50, the requester may be required 

to enter into a contract for the payment of actual costs, as determined 

in accordance with paragraph (g) of this section, which contract may 

provide for prepayment of the estimated costs in whole or in part.

    (g) Amount to be charged for specified services. A fee for a service 

performed is imposed and collected as set forth in this paragraph. The 

Commissioner of Customs or the Commissioner's designee may set an 

appropriate fee for any service not described below. These extraordinary 

fees are imposed and collected pursuant to 31 U.S.C. 483a, subject to 

the constraints imposed by 5 U.S.C. 552(a)(4)(A).

    (1) Duplication. (i) The charge for photocopies per page up to 8\1/

2\x14 is at the rate of $0.15 each.

    (ii) The charge for photographs, films and other materials is their 

actual cost. The Customs Service may furnish the records to be released 

to a private contractor for copying and charge the person requesting the 

records the actual cost of duplication charged by the private 

contractor. No fee is charged where the requester furnishes the supplies 

and equipment and makes the copies at the Government location.

    (2) Unpriced printed materials. The charge for unpriced printed 

material, which is available at the location where requested and which 

does not require duplication for copies to be furnished, is at the rate 

of $0.25 for each twenty-five pages or fraction thereof.

    (3) Search services. The charge for services of personnel involved 

in locating records is $10.00 for each hour or fraction thereof. If a 

computer search is required because of the nature of the records sought 

and the manner in which the records are stored, the fee is $10.00 for 

each hour or fraction thereof of personnel time associated with the 

search plus the actual cost of extracting the stored information in the 

format in which it is normally produced. This actual cost of extracting 

information is based on computer time and supplies necessary to comply 

with the request.

    (4) Searches requiring travel or transportation. The charge for 

transporting a record from one location to another, or for transporting 

a Customs officer or employee to the site of requested records when it 

is necessary to locate



[[Page 494]]



rather then examine the records, is the actual cost of the 

transportation.



[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 84-149, 49 

FR 28699, July 16, 1984]