[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: 19CFR103.7]



[Page 490-491]

 

                        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.  103.7  Administrative appeal of initial determination.



    (a) To whom appeals should be submitted. A requester may submit an 

administrative appeal to the FOIA Appeals Officer at Headquarters, 

within 35 days after the date of notification described in Sec.  103.6 

or the date of the letter transmitting the last records released, 

whichever is later. A requester shall mail or personally deliver an 

appeal to the United States Customs Service, 1300 Pennsylvania Avenue, 

NW., Washington, DC 20229.

    (b) Form of appeal. The Administrative appeal shall:

    (1) Be in writing and signed by the requester,

    (2) Have conspicuously printed on the face of the envelope the words 

``Freedom of Information Act Appeal'';

    (3) Reasonably describe, in accordance with Sec.  103.5(e), the 

records to which the appeal relates;

    (4) Set forth the address where the requester desires to be notified 

of the determination on appeal;

    (5) Specify the date of the initial request and the date and control 

number of the letter denying the initial request; and

    (6) Petition the FOIA Appeals Officer at Headquarters, to grant the 

request for records and state any arguments in support thereof.

    (c) Disposition of appeal. The Customs officer or employee who 

receives an appeal shall stamp the date of receipt on the appeal and the 

stamped date is the date of receipt for purposes of the appeal. FOIA 

Appeals Officer at Headquarters, shall acknowledge and advise the 

appellant of the date of receipt and of the date that a response is due 

under this paragraph. The FOIA Appeals Officer shall affirm the initial 

denial (in whole or in part) or grant the request for records and notify 

the appellant of that determination by letter mailed within 20 days 

(exclusive of Saturdays, Sunday, and legal public holidays) after the 

date of receipt of the appeal,



[[Page 491]]



unless extended pursuant to Sec.  103.8(a). The purpose of the letter of 

denial is to inform the appellant of the reason for the denial and the 

right to judicial review of that denial under 5 U.S.C. 552(a)(4)(B). If 

the FOIA Appeals Officer is unable to act on an appeal within the 20-day 

period (or any extension thereof pursuant to Sec.  103.8(a)), the FOIA 

Appeals Officer shall send written notice of that fact to the appellant. 

In those circumstances, an appellant is entitled to commence an action 

in a district court as provided in Sec.  103.9 despite any continuation 

in the processing of an appeal. However, the appellant may also be 

invited, in the alternative, to agree to a voluntary extension of time 

in which to decide the appeal. A voluntary extension does not waive the 

right of the appellant to ultimately commence an action in a United 

States district court on the appellant's request.



[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 99-27, 64 

FR 13675, Mar. 22, 1999]