[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: 19CFR103.8]



[Page 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.  103.8  Time extensions.



    (a) Ten-day extension. In unusual circumstances, the Customs officer 

who is responsible for deciding an initial request or an appeal may 

extend the time limitations set in Sec. Sec.  103.6 and 103.7 after 

written notice to the requester or appellant. This notice must state the 

reason for the extension and the date on which the determination is 

expected to be dispatched. Any extension or extensions of time are 

limited to a cumulative total of not more than 10 additional working 

days. (For example, if an extension pursuant to this paragraph is 

invoked in connection with an initial determination, any unused days of 

the extension period may be invoked in connection with the determination 

on administrative appeal by written notice from the FOIA Appeals 

Officer, who is to make the appellate determination. If no extension is 

sought for the initial determination, an extension of 10 days may be 

added to the ordinary 20-day period for appellant review.) Generally, 

extensions will be invoked only to the extent reasonably necessary to 

properly respond to a request. As used in this paragraph, ``unusual 

circumstances'' means at least one of the following:

    (1) The need to search for and collect the requested records from 

field facilities or other establishments in buildings other than the 

building in which the office of the Customs officer to whom the request 

is made is located.

    (2) The need to search for, collect, and appropriately examine a 

voluminous amount of separate and distinct records which are demanded in 

a single request.

    (3) The need for consultation, which shall be conducted with all 

practicable speed, with another Department or agency having a 

substantial interest in the determination of the request, among two or 

more constituent units within the Department of the Treasury, or within 

offices of the United States Customs Service (other than the legal staff 

or Office of Congressional & Public Affairs) having substantial subject-

matter interest therein. Consultations with personnel of the Department 

of Justice concerned with requests for records under the Freedom of 

Information Act, as amended (5 U.S.C. 552), do not constitute a basis 

for an extension under this paragraph.

    (b) Extension by judicial review. If the United States Customs 

Service fails to comply with the time limitations specified in 

Sec. Sec.  103.6 and 103.7 and the requester commences an action under 

Sec.  103.9, the court in which the suit was initiated may retain 

jurisdiction and allow the United States Customs Service additional time 

to review its records, if the Customs Service shows the existence of 

exceptional circumstances and the exercise of due diligence in 

responding to the request.



[T.D. 81-168, 46 FR 32565, June 24, 1981; 46 FR 35084, July 7, 1981, as 

amended by T.D. 91-77, 56 FR 46114, Sept. 10, 1991]