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re made available to public inspection. information will be kept in confidence dost of them are published in the and used only for official purposes. Treasury Decisions and the FEDERAL REG- (3) Its disclosure would be inimical to STER or in circular letters made available the public interest. o the public. Any rule not so published, (c) Requests for information connless requiring secrecy in the public in- tained in the public records mentioned in erest or relating solely to internal man- paragraph (a) of this section may be gement, may be inspected at the Bureau made in accordance with established f Customs, Washington, D. C.
procedures (see 16 F. R. 6964). Sec. 3 (b), 60 Stat. 238; 6 U. 8. C. 1002 (b))
(d) The rules set forth in $$ 26.2 to
26.7 regarding the disclosure of infor26.2 Public records.
mation are found to be in compliance (a) In general, the types of official with the provisions of the Administrative acords at the headquarters or field Procedure Act (5 U. S. C. 1001-1011) and ffices of the Customs Service include the the standards prescribed in those secollowing:
tions for determining what information (1) Entry records.
is for good cause to be regarded as con(2) Warehouse records.
fidential are applicable to all requests (3) Appraisement records.
for information or for inspection of final (4) Certificates of weight, measure, opinions, orders, or official records. nd gauge.
(Sec. 3 (c), 60 Stat. 288; 5 U. S. C. 1002 (c)) (5) Vessel manifests, crew lists, and
$26.3 Confidential information. assenger lists.
(6) Statistical information relative to (a) Except as authorized hereafter in he volume, source, and destination of this section, no collector, appraiser, cusommodities in foreign trade.
toms agent, or other customs officer or (7) Bulletin notice of liquidation, employee shall disclose details of any which is posted or lodged in the custom- customs activity for publication, except louse and is available for public inspec- under special authority from the Bureau. ion.
(b) Collectors and other customs ofi(8) Record of entry and clearance of cers shall refrain from disclosing facts essels.
concerning seizures, investigations, and (9) Record of vessels of the United other pending cases of public interest itates belonging to the merchant marine. until the matter is completed. The colThis information is published annually lector may give the public information a a bound volume entitled “Merchant concerning any case involving an offense lessels of the United States," for sale against the customs and navigation laws hrough the office of the Superintendent after he has completed his investigation [ Documents.
and the case has been closed by final cus(10) Records of documents of vessels toms action, such as settlement of a civil I the United States.
liability or reference of a case to the (11) Records of bills of sales, convey- United States attorney for handling. nces, mortgages, and hypothecations Field officers shall exercise proper reertaining to vessels of the United straint and judgment in disclosing local tates.
transactions. Unless specifically author(12) Statistical information relative ized so to do, they shall not disclose to 5 the merchant marine.
any person not immediately concerned (b) Some of the information con- the text or substance of any communicalined in the documents mentioned in tion from the Bureau or the Treasury aragraph (a) of chis section is held to
involving any matter of policy. e confidential for one or more of the (c) Insofar as administrative matters ollowing good causes and in accordance in Washington are concerned, statements rith the standards prescribed in $8 26.2 will be issued only through the office of 0 26.7 and is not available to the public: the Secretary or the Assistant Secretary (1) It relates to the details of business
in charge of the Customs Service. ransactions of private parties, the dis- (d) The disclosure of the confidential losure of which details would be detri- information contained in customs docuDental to the interests of the parties in- ments or the disclosure to one importer 'olved, without furthering the public or exporter of information relative to the aterest.
business of another importer or exporter (2) It is submitted in reliance upon acquired by the officer or employee by he long-established assurance that such reason of his official employment shall
constitute grounds for dismissal from ing to counsel for the United States ir the Service; and if done for a valuable formation in, and permitting him to ficonsideration will subject such person to spect, customs papers or document criminal prosecution.
requested by him, nor from testifying a 8 26.4 Confidential treatment of cus
behalf of the United States or otherwise toms records and documents.
assisting him in the performance of his
oficial duties. (a) The information contained in in- (e) Except as stated in paragraph (c) voices, entries, manifests, export decla
of this section, copies of customs docu. rations, official reports of investigating ments or records desired by or on behalt officers, and other papers or documents of parties to a suit, whether in a court of filed with customs officers for any official the United States or any other, shall be purpose shall be treated as confidential,
furnished without prior Departmentai except for the purpose for which such
approval only to the court on a rule of documents are required to be filed. All
the court upon the Secretary of the officers and employees of the Customs Treasury requesting them, or to a person Service are prohibited, unless specially entitled under paragraph (a) of this authorized to do so by the Bureau or by section to obtain the information they the regulations in this part from giving disclose. Exceptions to this rule shall out information contained in such papers be made only on the written order of the and documents except to the importer, Secretary, the Under Secretary, an Asexporter (in the case of export docu
sistant Secretary, or the Administrative ments), or other person directly in inter- Assistant to the Secretary. When red est, or to his authorized agent.
quested, such copies may be authential (b) Importers and exporters, or their
cated pursuant to the provisions of 2 duly authorized brokers, attorneys, or U. S. C. 1733. agents, may be permitted to examine (f) The authority granted in pars. manifests with respect to any consign- graphs (c), (d), and (e) of this sectica ment of goods in which they have a is subject to the restriction that no matproper and legal interest as principal or ters of a confidential nature or the disagent, but shall not be permitted to make closure of which would be prejudicial to any general examination of manifests or
the public interest shall be disclosed to to make any copies or notations from
any person. them except with reference to the par- (g) Upon being served with a subticular importation or exportation in poena or subpoena duces tecum from which they have a proper and legal court or officer thereof calling for testi. interest.
mony or the production of papers or doc (c) In answer to a legal process or de- uments in cases not covered by paramand from a court issued in behalf of graph (c) or (d) of this section, or in the United States or an officer thereof, cases where the testimony or documents customs officers or employees shall pro- desired would disclose matters of a conduce in court in customs custody, and fidential nature or the disclosure may testify with respect to, any oficial which would be prejudicial to the public customs papers or documents demanded. interest, the matter shall be referred to When any such process or demand is the Bureau for instructions with a report issued in behalf of a party other than the which shall specifically describe the testi United States, it shall be complied with mony or documents desired; shall set only to the extent that the party in whose forth the views of the submitting officer behalf the papers or documents are de- as to whether the giving of the testimanded is permitted under these regula- mony or the furnishing of the documents tions to inspect such papers or docu- would disclose confidential information ments at the customhouse.
or be inimical to the public interest; and (d) Except as stated in paragraph (f) shall state in what particulars, if any of this section, nothing in this part shall the disclosure of the information and preclude customs officers or employees work incidental thereto would interfere from producing in the United States Cus- with the orderly conduct of customs toms Court in customs custody any cus- business. In the event instructions are toms papers or documents or from not received prior to the date set for ape testifying or otherwise rendering all pearance or production of documents, of proper assistance to the court in pro- if the Bureau declines to permit their ceedings before it when request therefor production or the disclosure of the infor! is made by the court; nor from furnish- mation contained therein or otherwise
ithin the knowledge of the customs offirs or employee whose testimony is relested, the customs officer or employee lall appear in court or before the offir concerned in answer to the subpoena id respectfully decline to produce the cuments called for or to testify, except the extent specifically authorized elsehere in this section, citing this regulain as authority for his refusal. If the atter has not already been referred to e Bureau for instructions, the customs icer or employee shall advise the court officer that it will be so referred. 6.5 Information for the press and
associations. Accredited representatives of the press, sluding newspapers, commercial magaies, trade journals, and similar publitions may be permitted to examine ssels' manifests and summary statisal reports of imports and exports and copy therefrom for publication inforation and data not of a confidential iture, subject to the following rules: (a) of the information and data aparing on outward manifests, only the neral character, destination, and cantity (or value) of the commodity, ime of vessel, and country of destinaon may be copied and published. here the manifests show both quantity ad value, either may be copied and pubhed, but not both in any instance, (b) Confidential information, such as le names of the shippers and congnees, marks and numbers, and both iantities and values of commodities all not be copied from outward manists or any other papers. Disclosure of ecial category export shipments which ight endanger the security of the aited States is not now permitted. ich restriction upon disclosure shall be eitect during any period covered by a ading by the President under section 1, the act of August 9, 1950, as amended OU.S.C. 191). Such a finding is now in lect (Executive Order No. 10173, t. 18, 1950 (3 CFR, 1949–1953 Comp. 356; 15 F.R. 7005)) (c) of the information shown on inard manifests, only the name of the insignee, the general character of the immodity, the quantity (or value), ime of vessel, and the country of disatch shall be copied and published. hen an inward manifest shows both lantity and value of the commodity, ther may be copied and published, but at both in any instance,
(d) Accredited representatives of regularly established associations, whether incorporated or not, shall be permitted to 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 or customs brokers representing individual importers. 8 26.6 Review of data.
All copies and notations from inward or outward manifests shall be submitted for examination by a customs oficer designated for that purpose. § 26.7 Suspension of disclosure.
(a) Upon written application of a consignee or importer, the collector of customs shall refuse to permit any person, except as provided in § 26.4, to copy the name of such consignee from manifests.
(b) If any individual shall abuse the privilege granted him of examining inward and outward manifests or shall make any improper use of any information or data obtained from such mani. fests 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.
PART 30-FOREIGN-TRADE ZONES Sec. 30.1 Merchandise permitted in a zone. 30.2 Use of zone by carriers. 30.3 Transportation of merchandise to a
Who may file a zone application. 30.5 Admission of merchandise into &
zone. 30.6 Privileged foreign merchandise. 30.7 Privileged domestic merchandise. 30.8
Non-privileged foreign merchandise. 30.9 Non-privileged domestic merchandise. 30.10 Zone-restricted merchandise. 30.11 Customs control of merchandise in a
zone. 30.12 Manipulation, manufacture, or exhi
bition in a zone. 30.13 Destruction of merchandise 8
zone, 30.14 Sending merchandise from a zone
into customs territory. 30.15 Direct exportation from a zone. 30.16 Supplies, equipment, and repair ma
terial for vessels or aircraft. 30.17 Transfer of merchandise from one
zone to another. 30.18 Reimbursement of customs expenses.
AUTHORITY: The provisions of this Part 30 issued under R.S. 161, 251, secs. 1-21, 48 Stat.
998, 999, as amended, 1000–1003, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 22, 19 U.S.C. 66, 818-81u, 1624, Gen. Hdnote. 11, Tariff Schedules of the United States.
SOURCE: The provisions of this Part 30 appear at 28 F.R. 14824, Dec. 31, 1963, unless otherwise noted. & 30.1 Merchandise permitted in a zone.
Foreign and domestic merchandise of every description, except such as is prohibited by law, may be brought into a foreign-trade zone (hereinafter in this part referred to as a “zone") established pursuant to the act of June 18, 1934, as amended by section 1 of the act of June 17, 1950 (19 U, S. C. 81a-81u, sec. 1, 64 Stat. 246), hereinafter in this part referred to as “the act”). Merchandise which is specifically and absolutely prohibited by law shall not be admitted into a zone. Any merchandise so prohibited by law which is found within a zone shall be disposed of in the manner provided for in the laws and regulations applicable to such merchandise. A distinction is made between (a) merchandise which is specifically and absolutely prohibited by law on the grounds of policy or morals, such as immoral or subversive literature, obscene articles or lottery matter, and (b) merchandise which is subject to conditional prohibition only, for example, articles which are subject to permits or licenses for the protection of economic or national security or which may be reconditioned to bring them into compliance with the laws administered by various Federal Agencies. Collectors of customs are required to exclude the first class of articles and may not permit them to be transferred to a zone if they are aware of their prohibited status, except that the collector may permit the temporary deposit of any such merchandise in the zone pending final determination of its status. The transfer of articles of the second class to a zone is subject to any requirements of the Federal agency concerned. There is no prohibition against placing over-quota merchandise in a zone pending its right to transfer to customs territory pursuant to the applicable quota provisions. The application for the admission of merchandise into a zone shall be approved or disapproved by the collector, as the rep
resentative of the Foreign-Trade Zone Board (hereinafter in this part referred to as “the Board"), where the merchatdise is not excluded by any other Fed. eral agency having jurisdiction over $ 30.2 Use of zone by carriers.
(a) The water area, docking facilities or any loading or unloading stations of zone are intended primarily for the use of vessels, vehicles, or aircraft unlading merchandise' into the zone or lading merchandise from the zone, and their use for other purposes may be terminated by the Secretary of the Treasury if found to endanger the revenue, or by the Board if found to impede the primary uses of the zone.
(b) Nothing in the act or the regula. tions in this part shall be construed a excepting any carrier entering, remaining in, or leaving a zone from the application of any other pertinent law or regulation. § 30.3 Transportation of merchandise
to a zone." (a) Merchandise may be brought drectly to a zone from any place outside customs territoryo by vessel, vehicle, aircraft.
(b) Domestic merchandise“ may be brought to a zone from customs territory by any means of transportation which will not interfere with the orderly cos duct of business in the zone.
(c) Foreign merchandise destined ta a zone and moving through customs ter
* As used in this part the term "merchan dise" means goods, wares and chattels of every description, except prohibited articles and except the usual wearing apparel and accouterments of persons entitled to ente a zone.
* For transfer of merchandise from on zone to another zone, see $ 30.17.
• As used in this part the term "custconi territory" means territory of the United States in which the general tariff law of the United States applies but which is not is cluded in any zone.
* As used in the act and in this part, the term “domestic merchandise" means mer chandise of every description (not includin prohibited articles) which has been (1) PT3 duced in the United States and not exported therefrom or (2) previously imported into customs territory and properly released from customs custody.
. As used in the act and in this part the term “foreign merchandise" means imported. merchandise of every description (not iD cluding prohibited articles) which has not been properly released from customs custod in customs territory.
1 "Foreign and domestic merchandise of every description, except such as is prohibIted by law, may, without being subject to the customs laws of the United States, except as otherwise provided in this Act, be brought into & zone
.." 19 U. S. C. 81C)
ory outside a port shall be subject to act, but shall be treated in all respects as e laws and regulations pertaining to though the unlading or lading were in e movement of like merchandise be- customs territory. Merchandise brought een two ports in customs territory. into a zone for lading on a carrier which (d) Foreign merchandise being trans- is not laden without delay which will enrred within a port to a zone shall be danger the revenue must be made the bject to the laws and regulations per- subject of an application for zone status ining to the movement of like mer- in accordance with paragraph (d) of this andise within the customs territory of section or be removed from the zone. e port before delivery to the importer. (C) Imported merchandise which has 10.4 Who may file a zone application.
been entered and which has remained in
continuous customs custody may be tem(a) This section tells who is au- porarily transferred to a zone for maniporized to apply for permission to trans- ulation under customs supervision • merchandise into a zone, to do pursuant to section 562, Tariff Act of ything with respect to the merchandise 1930, as amended, and for return to custhin the zone, or remove the merchan- toms territory. Any such merchandise e from the zone. In general, the zone shall not be considered within the purantee shall have the sole responsibility view of the Foreign-Trade Zones Act, • determining the legal right of the but shall be treated in all respects as plicant to make the application. Ac- though remaining in customs territory. rdingly, such applications shall show Therefore, no zone form or procedure written concurrence of the zone gran- shall be considered applicable, but the 2, except where the regulations in this merchandise shall remain subject in the rt provide for the filing of applications zone to such requirements as are neces
the zone grantee itself, or permit the sary for the enforcement of section 562 ing of blanket concurrences by the and other pertinent customs laws. ne grantee. Government officers act- (d) If the merchandise is to be ung in their official capacities may ques- laden or brought into the zone for puron the zone grantee's concurrence if in poses other than as provided for in eir opinion it is improperly given. In paragraph (b) of this section an applicae case of foreign merchandise brought tion to transfer into the zone shall be to a zone through customs territory, filed on zone Form D. The approval of e appropriate application as pre- the grantee shall be noted on this appliribed in § 30.5 must be filed by the per- cation unless the grantee furnishes a o having a right to apply for release. specific or blanket approval separately (b) The forms of application provided in writing. In the case of merchandise r in this part shall be filed in the num- to be unladen within a zone directly from r of copies required for the purposes an importing vessel or aircraft and inlocal administration.
tended to have zone status, an applica30.5 Admission of merchandise into
tion for permission to unlade shall also be filed on customs Form 3171. Before
foreign merchandise being transported (a) This section tells how to obtain
through customs territory may be e right to unlade or bring merchandise
brought into a foreign trade zone, a reto a foreign-trade zone.
lease order authorizing the transfer of (b) If the merchandise is to be un
the merchandise to the zone must be obden from any carrier in the zone for
tained from the carrier bringing the merimediate transfer to customs territory, chandise to the port at which the zone is
if it is to be transferred from customs located. The release order shall be noted rritory through the zone for immediate
on the application Form D unless the ding on any carrier therein, an ap- carrier has given the release order as a ication for permission to unlade or lade
separate document. Whether the release all be filed on customs Form 3171 and
order is noted on application Form D or e collector shall permit the unlading is given as a separate document, applica- lading unless he has reason to believe
tion Form D shall be supported by eviat the merchandise will not be moved dence of the right of the applicant to romptly from the zone or made the sub- transfer the merchandise to the zone. ct of an application for zone status in This evidence shall be the same as would ccordance with paragraph (d) of this be required to establish the right of the ction. Any such merchandise shall not applicant to apply for release of the merconsidered within the purview of the chandise from customs custody at the