of proposed rule making and of proposed changes in tariff classification, unless the submitter states clearly that the information is privileged or confidential, giving reasons therefor, and the Commissioner of Customs agrees that the information contained therein is entitled to exemption from disclosure under § 103.7. (ii) Advisory committees on Customs matters. (iii) Rosters of licensed customhouse brokers. (iv) Names of individual licensed customhouse brokers. (v) Names and titles of all Customs personnel. (vi) Performance awards. (vii) Suggestion awards. (viii) Proceedings under the countervailing duty provision of the Tariff Act of 1930, after publication of notice or order to countervail. (ix) The administration of and decisions concerning import quotas. (x) Proceedings under the Antidumping Act, 1921 (19 U.S.C. 160 et seq.), as provided for in § 153.23 of this chapter. (2) Records relating to decisions concerning (i) Matters arising under the Tariff Schedules of the United States. (ii) Whether or not specific items, articles, or merchandise qualify for entry under the Trade Fair Act of 1959 (19 U.S.C. 1751 et seq.), and decisions concerning disposition of articles previously entered under the Trade Fair Act; Customs participation and assistance at Trade Fairs. (iii) The dutiable status of gifts pursuant to section 321, Tariff Act of 1930 (19 U.S.C. 1321). (iv) The eligibility of vehicles used in international traffic pursuant to section 322(a), Tariff Act of 1930 (19 U.S.C. 1322 (a)) and other instruments of international traffic generally for duty-free entry. (v) Prohibition from entry of merchandise produced by convict, forced, or indentured labor. (vi) The entry or valuation of merchandise. (vii) Liens in cases arising under section 564, Tariff Act of 1930 (19 U.S.C. 1564). (viii) Bills of lading, carriers' certificates, or rights in respect of merchandise, cases arising under section 483 or 484 (c), (h), or (i), Tariff Act of 1930 (19 U.S.C. 1483, 1484). (ix) Trademarks, trade names, copyrights, patents, and related matters. (x) Country of origin marking requirements of section 304, Tariff Act of 1930 (19 U.S.C. 1304), as amended. (xi) Psittacine or other birds, bird feathers, bird skins, monkeys, dogs, cats, and other animals and pets prohibited entry or subject to restrictions and controls on entry. (xii) Entry of articles admitted temporarily free of duty under bond as provided in schedule 8, part 5C, Tariff Schedules of the United States. (xiii) Tonnage taxes (regular, special, and discriminatory) and light money. (xiv) The entry, clearance, and use of vessels and permits for them to proceed coastwise. (xv) The regulation of vessels in the foreign, coastal, fishing, and other trades of the United States. (xvi) The limitation of the use of foreign vessels in waters under the jurisdiction of the United States. (xvii) Salvage operations by vessels within the territorial waters of the United States. (xviii) The assessment and collection of duties on equipment or repairs of vessels or aircraft under section 466, Tariff Act of 1930 (19 U.S.C. 257, 258) and decisions regarding the remission or refund of such duties. (xix) Requirements for entry, clearance, and use of aircraft. (xx) The arrival or departure and the use of motor vehicles, railway trains, or other vehicles. (xxi) Adequacy of premises at Customs bonded warehouses and control of the merchandise stored therein. (xxii) Use of protective Customs seals and labels. § 103.4 Application for inspection, copy. ing, or otherwise obtaining copy of Customs documents. (a) Where to apply. Permission to inspect or to obtain copies of Customs documents which are not exempted from disclosure under § 103.7 may be obtained by application in person or by correspondence. Application in person may be made at the Bureau of Customs Reading Rooms (§ 103.6); application in writing should be addressed to: Assistant Commissioner of Customs, Office of Regulations and Rulings, Bureau of Customs, 2100 K Street NW., Washington, D.C. 20226. or if a record desired to be inspected is in a Customs regional or district office the application shall be addressed to the Regional Commissioner or District Director of Customs. (b) Description of document_requested. An application to inspect or copy a document must provide such a reasonably specific description of the particular document sought as will reasonably enable the record clerk to locate it. The burden of identification is that of the applicant. (c) Processing of application. Upon receipt of a request to inspect, copy, or purchase a copy of any Customs document, the applicant will be advised whether the information, or any part thereof, may be released to the applicant, with or without the deletion of identifying details. If it is concluded that the document or any part thereof may be released to the applicant he will be advised of the cost of securing the information or a copy of the document and the manner of making payment. Upon receipt of this amount, or of a guarantee of payment, the information or copy will be made available. (d) Grant of request. If the document may be inspected, copied, or otherwise released the applicant shall be so advised. If it is decided that the document may be released, but that certain identifying details should be deleted to prevent the disclosure of information exempted from disclosure under § 103.7, the applicant shall be advised and the reason for the deletion shall be stated (§ 103.5). In either case the applicant will be advised of the fee charged for securing the files and cost of copying the material (§ 24.12 of this chapter). (e) Denial of request. Any decision that a document should not be inspected, copied, or otherwise released, shall be reviewed by the Commissioner of Customs, except cases clearly covered by a previous decision made by the Commissioner. The Commissioner of Customs will promptly advise the applicant of the result of his review. If the Commissioner finds that the request should be denied such denial will state the reason therefor. § 103.5 Deletion of identifying details from documents. (a) General. Where an opinion, order, ruling, or other Customs document contains information of the type described in paragraph (b) of this section but the actual opinion, order, ruling, or sub stance of the document can be separated from the exempted matter, partial copies containing only such parts as can properly be disclosed will be furnished insofar as practicable. (b) Reasons for deletion. Ordinarily, information will be deleted which: (1) Relates to details of business transactions of private parties the disclosure of which may be detrimental to the interests of the parties involved. (Example: The name of the importer or exporter, or other member of the public directly concerned, generally will be deleted from any document if its inclusion in the document would disclose trade secrets, the operations of his business or other commercial or financial information.) (2) Was submitted in reliance upon a long-established assurance that such information will be kept in confidence and used only for official purposes, or (3) Is prohibited from disclosure by law. (c) Decision to delete. Any document from which identifying details have been deleted must be accompanied by a statement in writing expressing the reason for the deletion. 103.6 Public facilities for inspection and copying-Customs Reading Rooms. Facilities for locating, inspecting, and copying Bureau of Customs indexed rulings will be located in the Bureau of Customs Reading Rooms. The Reading Room in the Bureau of Customs at Washington, D.C., is located at: 2100 K Street NW., Washington, D.C. 20226. The Reading Rooms outside the Washington area are located at the headquarters offices for each Customs region: Region I-Boston, 24th Floor, John F. Kennedy Building, Government Center, Boston, Mass. 02203. Region II-New York, 220 Customhouse, Bowling Green, New York, N.Y. 10004. Region III-Baltimore, 40 South Gay Street, U.S. Customhouse, Baltimore, Md. 21202. Region IV-Miami, 51 Southwest First Avenue, Room 1604, Miami, Fla. 33130. Region V-New Orleans, Room 13036, Federal Building, 701 Loyola Avenue, New Orleans, La. 70113. Region VI-Houston, Room 7208, New Federal Building, 515 Rusk Avenue, Post Office Box 61149, Houston, Tex. 77061. Region VII-Los Angeles, New Federal Building, 300 North Los Angeles Street, Los Angeles, Calif. 90012. Region VIII-San Francisco, New Federal The Reading Rooms are open to the public from 9 a.m. to 4:30 p.m. unless other hours are posted, Monday through Friday of each week, exclusive of national holidays. A fee for copies of requested material will be charged. (§ 24.12 of this chapter.) § 103.7 Classes of Customs documents exempt from disclosure. Bureau of Customs opinions, orders, rulings, statements of policy, interpretations, and records generally may be inspected, copied or otherwise obtained unless they relate to the following: (a) Matters specifically required by Executive order to be kept secret in the interest of national defense or foreign policy. This includes: (1) Special category export shipments the disclosure of which might endanger the security of the United States. Such restriction upon disclosure is in effect during any period covered by a finding by the President under section 1 of the Act of August 9, 1950, as amended (50 U.S.C. 191). Such a finding was made by Executive Order No. 10173, October 18, 1950 (3 CFR 1949-1953 Comp. p. 356; 15 F.R. 7005). (2) Material classified as "Top Secret," "Secret," or "Confidential” under Executive Order No. 10501, of November 5, 1953, 18 F.R. 7049, as amended. (b) Information relating solely to the internal personnel rules and practices. This includes guidelines, operational rules, and procedural manuals for the guidance of Customs officers and employees which relate to such functions as investigation, inspection, auditing, and other functions of a like nature. Examples of this type of information are: Audit Manual. Audit Standards and Techniques Manual, Enforcement and Technical Investigation Inspectors' Manual. Sampling Guide. (c) Information specifically exempted from disclosure by statute. This includes information pertaining to trade secrets, business operations, and commercial or financial information of importers, ex porters, and other persons who transact Customs business (18 U.S.C. 1905). (d) Trade secrets and commercial or financial information obtained from any person and privileged or confidential. The information contained in invoices, entries, vessels' manifests, export declarations, official reports of investigating officers, records pertaining to the licensing of and the revocation or suspension of a license of a customhouse broker, and other papers or documents filed with Customs officers for any official purpose which contain trade secrets, or commercial or financial information, is exempt from disclosure, except for the purpose for which such documents are required to be filed. However, information contained in vessels' manifests and summary statistical reports of importations and exportations are available for inspection and copying by certain representatives of the press to the extent permitted by § 103.8. Further, importers and exporters or their duly authorized brokers, attorneys, or agents, may be permitted to examine manifests with respect to any consignment of goods in which they have a proper and legal interest as principal or agent, but shall not be permitted to make any general examination of manifests or make any copies or notations from them except with reference to the particular importation or exportation in which they have a proper and legal interest. Information obtained in connection with investigations under the Antidumping Act, 1921 (19 U.S.C. 160 et seq.), is available for disclosure under the provisions of § 153.23 of this chapter. (e) Interagency or intra-agency memoranda or letters which would not be available by law to a private party in litigation. This information includes, but is not limited to, memoranda expressing, the views of subordinates, comments endorsing or dissenting from conclusions reached in official rulings, work papers, and other informal expressions of view, certain documents addressed to other Government agencies (unless such documents are released for disclosure by the recipient). (f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. These include, but are not limited to, leave records of individual employees, personnel investigative records, personnel security records, personnel financial statements submitted in connection with conflicts of in terest and other records which relate to the private, personal, financial, or business affairs of an individual employee or members of his family, unless the person concerned or his duly authorized agent authorizes disclosure, or unless otherwise made available in this part. (g) Investigatory files compiled for law enforcement purposes except to the extent that they are available by law to a private party. Some examples of records included in this category are investigative reports relating to: The value and classification for tariff purposes of imported merchandise; suspected violations of section 592 of the Tariff Act of 1930 (19 U.S.C. 1952); allegations of the importation of merchandise into the United States in contravention of the countervailing duty provision (19 U.S.C. 1303); the importation of certain books, pictures, or other articles in contravention of the so-called "obscenity statute" (19 U.S.C. 1305). This listing is intended to be illustrative only, and is not intended to be, and is not, an exhaustive listing. § 103.8 Information for the press and associations. (a) Disclosure to members of the press. Although the following classes of information are exempt from the requirement of disclosure under the provision of § 103.7, accredited representatives of the press, including newspapers, commercial magazines, trade journals, and similar publication may be permitted to examine vessels' manifests and summary statistical reports of imports and exports and to copy therefrom for publication information and data not of a confidential nature, subject to the following rules: (1) Of the information and data appearing on outward manifests, only the general character, destination, and quantity (or value) of the commodity, name of vessel, and country of destination may be copied and published. Where the manifests show both quantity and value, either may be copied and published, but not both in any instance. (2) Commercial or financial information, such as the names of the shippers and consignees, marks and numbers, and both quantities and values of commodities shall not be copied from outward manifests or any other papers. (3) Of the information shown on inward manifests, only the name of the consignee, the general character of the commodity, the quantity (or value), name of vessel, and the country of dis patch shall be copied and published. When an inward manifest shows both quantity and value of the commodity, either may be copied and published, but not both in any instance. (b) Review of data. All copies and notations from inward or outward manifests shall be submitted for examination by a customs officer designated for that purpose. (c) Disclosure to members of associations. Accredited representatives of regularly established associations, whether incorporated or not, shall be permitted to obtain information from, but not examine, vessels' manifests for the purpose of securing data relative to merchandise of the kind or class in the importation of which the association is interested, subject to the foregoing rules, but this authority does not extend to attorneys, agents, or customhouse brokers acting on behalf of individual importers. (d) Suspension of disclosure. (1) Except as provided in § 103.11, upon written application of a consignee or importer access to the name of such consignee or importer on a manifest will thereafter be refused. (2) If any individual shall abuse the privilege granted him of examining inward and outward manifest or shall make any improper use of any information or data obtained from such manifests or other papers filed in the customhouse, both he and the party or publication which he represents shall thereafter be denied access to such papers. § 103.9 Sanction for improper disclo sure by Customs officer or employee. The disclosure of the confidential information contained in Customs documents or the disclosure to one importer or exporter of information relative to the business of another importer or exporter acquired by any Customs officer or employee by reason of his official employment shall constitute grounds for dismissal from the Service, suspension, or other disciplinary action, and if done for a valuable consideration will subject such person to criminal prosecution. § 103.10 Statements for publication. District directors of Customs and other Customs officers shall refrain from disclosing facts concerning seizures, investigations, and other pending cases until Customs action is completed. The district director of Customs or other authorized Customs officer, may make public infor mation concerning any case involving an offense against the Customs and navigation laws after completion of the investigation and the case has been closed by final Customs action, such as settlement of a civil liability or reference of a case to the U.S. attorney for handling. Field officers shall exercise proper restraint and judgment in disclosing local transactions. § 103.11 Testimony or the production of documents in court. (a) General. In answer to a legal process or demand from a court issued in behalf of the United States or an officer thereof. Customs officers or employees shall produce in court in Customs custoday, and may testify with respect to, any official Customs papers or documents demanded. When any such process or demand is issued in behalf of a party other than the United States, it shall be complied with only to the extent that the party in whose behalf the paper or documents are demanded is permitted under these regulations to inspect or copy such papers or documents. Exceptions to this rule shall be made only on the written order of the Commissioner of Customs. When requested, copies may be authenticated pursuant to the provisions of section 1733, title 28, United States Code. (b) Request of Customs Court. Except as stated in § 103.7, nothing in this part shall preclude Customs officers or employees from producing in the U.S. Customs Court in Customs custody any Customs papers or documents or from testifying or otherwise rendering all proper assistance to the court in proceedings before it when request therefor is made by the court; nor from furnishing to counsel for the United States information in, and permitting him to inspect, Customs papers and documents requested by him, nor from testifying on behalf of the United States or otherwise assisting him in the performance of his official duties. (c) Subpoena or Subpoena duces tecum. Upon being served with a subpoena or subpoena duces tecum from a court or officer thereof calling for testimony or the production of papers or documents in cases not covered by paragraphs (a) or (b) of this section, or in cases where the testimony or documents desired would disclose matters the disclosure of which would be contrary to these regulations, the matter shall be referred to the Bureau for instructions, with a report which shall specifically describe the testimony or documents desired; shall set forth the view of the submitting officer whether the giving of the testimony or the furnishing of the documents would disclose information not permitted to be disclosed under these regulations; and shall state in what particulars, if any, the disclosure of the information and work incidental thereto would interfere with the orderly conduct of Customs business. If instructions are not received prior to the date set for appearance or production of documents, or if the Bureau declines to permit their production or the disclosure of the information contained therein or otherwise within the knowledge of the Customs officer or employee whose testimony is requested, the Customs officer or employe shall appear in court or before the officer concerned in answer to the subpoena and respectfully decline to produce the documents called for or to testify, except to the extent specifically authorized elesewhere in this section, citing this regulation as authority for his refusal. If the matter has not already been referred to the Bureau for instructions, the Customs officer or employee shall advise the court or officer that it will be so referred. |