[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: 19CFR103.9]



[Page 491-492]

 

                        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.  103.9  Judicial review.



    (a) Failure to comply with time limitations. If the United States 

Customs Service fails to comply with the time limitations specified in 

Sec. Sec.  103.6, 103.7 or Sec.  103.8, a requester is considered to 

have exhausted the administrative remedies with respect to the request.

    (b) Procedure of initiating judicial review. If a request for 

records is denied upon appeal pursuant to Sec.  103.7, or if no



[[Page 492]]



determination is made within the 10-day or 20-day periods specified in 

Sec. Sec.  103.6 and 103.7, respectively, together with an extension 

pursuant to Sec.  103.8(a) or by agreement of the requester, the 

requester may commence an action under 5 U.S.C. 552(a)(4)(B) in a United 

States district court in the district (1) in which the requester 

resides, (2) in which the requester's principal place of business is 

located, (3) in which the records are situated, or (4) in the District 

of Columbia. Service of process in that action is governed by the 

Federal Rules of Civil Procedure (28 U.S.C. App.) applicable to actions 

against an agency of the United States. The Chief Counsel, United States 

Customs Service, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 is 

the officer designated to receive any service of process.

    (c) Proceeding against officer or employee. Under 5 U.S.C. 

552(a)(4)(F), the Special Counsel, Merit Systems Protection Board, has 

authority, upon the issuance of a written finding by a court that the 

Customs officer or employee who was primarily responsible for 

withholding a record may have acted arbitrarily or capriciously, to 

initiate a proceeding to determine whether disciplinary action is 

warranted against that officer or employee. The Special Counsel, after 

investigation and consideration of the evidence submitted, submits its 

findings and recommendations to the Commissioner of Customs and the 

Secretary of the Treasury. The Special Counsel also sends copies of the 

findings and recommendations to the officer or employee or the 

representative of that officer or employee.



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

FR 13675, Mar. 22, 1999]