[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: 19CFR103.4]



[Page 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.  103.4  Public inspection and copying.



    (a) In general. Subject to the application of the exemption 

described in Sec.  103.12 the United States Customs Service is required, 

by 5 U.S.C. 552(a)(2) and Sec. Sec.  174.32 and 177.10 of this chapter, 

to make available for public inspection and copying or, in the 

alternative, promptly publish and offer for sale, the following 

information:

    (1) Final opinions and orders, including concurring or dissenting 

opinions, made in the adjudication of cases;

    (2) Within 120 days of issuance, any precedential decision 

(including any ruling letter, internal advice memorandum, or protest 

review decision) issued under the Tariff Act of 1930, as amended, with 

respect to any Customs transaction;

    (3) Those statements of policy and interpretations which have been 

adopted by the United States Customs Service but are not published in 

the Federal Register; and

    (4) Administrative staff manuals and instructions to staff that 

affect a member of the public.

    (b) Indexes. The United States Customs Service is required by 5 

U.S.C. 552(a)(2) to maintain and make available for public inspection 

and copying those current indexes which identify any item described in 

paragraphs (a) (1) through (3) of this section that is issued, adopted, 

or promulgated after July 4, 1967, and that is required to be made 

available for public inspection or published. Unless the Commissioner 

determines by an order published in the Federal Register that 

publication is unnecessary and impracticable, these indexes are 

published on a quarterly or more frequent basis and are available for 

purchase at each of the public reading rooms listed in Sec.  103.1, at a 

cost not to exceed the direct cost of duplication.

    (c) Effect of failure to publish or make available. No matter, 

described in paragraphs (a) (1) through (3) of this section which is 

required by this section to be made available for public inspection or 

published, may be relied upon, used, or cited as precedent by the United 

States Customs Service against a party, other than an agency, unless 

that party has actual and timely notice of such matter or unless the 

matter has been indexed and either made available for inspection or 

published, as provided by this section. This paragraph applies only to 

matters which have precedential significance and does not apply to 

matters which have been made available pursuant to Sec.  103.3.

    (d) Deletion of identifying details. To prevent an unwarranted 

invasion of personal privacy, in accordance with 5 U.S.C. 552(a)(2), 

identifying details contained in any matter described in paragraphs (a) 

(1) through (3) of this section are deleted before making that matter 

available for inspection or publication. However, in every case where 

identifying details are deleted, the basis for the deletion is explained 

in writing, giving specific reasons for the deletion and citing the 

applicable provision of 5 U.S.C. 552 and Sec.  103.12, in an attachment 

to the document from which the identifying details have been deleted.

    (e) Public reading rooms. The United States Customs Service has 

available for inspection and copying, in a reading room or otherwise, 

the matters described in paragraphs (a) (1) through (3) of this section 

which are required by paragraph (a) to be made available for public 

inspection or published in the current indexes. Facilities are provided 

whereby a person may inspect and obtain copies of the material. There is 

no fee for access to materials, but a fee is charged in accordance with 

Sec.  103.10 for a copy of any material provided.



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