[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: 19CFR103.3]



[Page 485-486]

 

                        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.  103.3  Publication of information in the Federal Register.



    (a) Requirements. Subject to the application of the exemptions 

described in Sec.  103.12 and subject to the limitations provided in 

paragraph (b) of this section, the United States Customs Service is 

required, by 5 U.S.C. 552(a)(1), to separately state, publish and keep 

current in the Federal Register for the guidance of the public the 

following information:

    (1) Descriptions of its central and field organization and the 

established places at which, the persons from whom, and the methods 

whereby, the public may obtain information, make submittals or requests, 

or obtain decisions.

    (2) A statement of the general course and method by which its 

function are channeled and determined, including the nature and 

requirements of all formal and informal procedures available.

    (3) Rules of procedure, descriptions of forms available and the 

places at which forms may be obtained, and instructions as to the scope 

and contents of all papers, reports, or examinations.

    (4) Substantive rules of general applicability adopted as authorized 

by law, and statements of general policy or interpretations of general 

applicability formulated and adopted by it.

    (5) Each amendment, revision, or repeal of matters referred to in 

paragraphs (a) (1) through (4) of this section.

    (b) Limitations--(1) Incorporation by reference in the Federal 

Register. Matter reasonably available to an affected class of persons, 

whether published by a private organization or an agency of the United 

States, is published in the Federal Register for purposes of paragraph 

(a) of this section when it is incorporated by reference in the Federal 

Register with the approval of the Director of the Federal Register. Any 

matter which is incorporated by reference must be set forth in the 

privately- or publicly-printed document substantially in its entirety 

and not merely summarized or printed as a synopsis. There can be no 

incorporation by reference in the Federal Register of any matter where 

only a few persons having a special working knowledge of the activities 

of



[[Page 486]]



the United States Customs Service are familiar with its location and 

scope. The provisions of 5 U.S.C. 552(a)(1) and 1 CFR part 20 control 

any incorporation of matter by reference.

    (2) Effect of failure to publish. Except to the extent that a person 

has actual and timely notice of the terms of any matter referred to in 

paragraph (a) of this section which is required to be published in the 

Federal Register, that person is not required in any manner to resort 

to, or be adversely affected by, that matter if it is not published or 

incorporated by reference. That is, any matter which imposes an 

obligation and which is not published or incorporated by reference can 

not adversely change or affect a person's rights.