Lapas attēli

re made available to public inspection. Most of them are published in the Treasury Decisions and the FEDERAL REGSTER or in circular letters made available o the public. Any rule not so published, nless requiring secrecy in the public inerest or relating solely to internal mangement, may be inspected at the Bureau f Customs, Washington, D. C.

Sec. 3 (b), 60 Stat. 238; 5 U. 8. C. 1002 (b)) 26.2 Public records.

(a) In general, the types of official ecords at the headquarters or field ffices of the Customs Service include the ollowing:

(1) Entry records.

(2) Warehouse records.

(3) Appraisement records.

(4) Certificates of weight, measure, nd gauge.

(5) Vessel manifests, crew lists, and assenger lists.

(6) Statistical information relative to he volume, source, and destination of ommodities in foreign trade.

(7) Bulletin notice of liquidation, which is posted or lodged in the customhouse and is available for public inspecion.

(8) Record of entry and clearance of essels.

(9) Record of vessels of the United itates belonging to the merchant marine. This information is published annually n a bound volume entitled "Merchant lessels of the United States," for sale hrough the office of the Superintendent f Documents.

(10) Records of documents of vessels f the United States.

(11) Records of bills of sales, conveynces, mortgages, and hypothecations ertaining to vessels of the United tates.

(12) Statistical information relative the merchant marine.

(b) Some of the information conained in the documents mentioned in aragraph (a) of this section is held to e confidential for one or more of the ollowing good causes and in accordance ith the standards prescribed in §§ 26.2 o 26.7 and is not available to the public: (1) It relates to the details of business ransactions of private parties, the dislosure of which details would be detrinental to the interests of the parties inolved, without furthering the public nterest.

(2) It is submitted in reliance upon he long-established assurance that such

information will be kept in confidence and used only for official purposes.

(3) Its disclosure would be inimical to the public interest.

(c) Requests for information contained in the public records mentioned in paragraph (a) of this section may be made in accordance with established procedures (see 16 F. R. 6964).

(d) The rules set forth in §§ 26.2 to 26.7 regarding the disclosure of information are found to be in compliance with the provisions of the Administrative Procedure Act (5 U. S. C. 1001-1011) and the standards prescribed in those sections for determining what information is for good cause to be regarded as confidential are applicable to all requests for information or for inspection of final opinions, orders, or official records. (Sec. 3 (c), 60 Stat. 238; 5 U. S. C. 1002 (c)) § 26.3

Confidential information.

(a) Except as authorized hereafter in this section, no collector, appraiser, customs agent, or other customs officer or employee shall disclose details of any customs activity for publication, except under special authority from the Bureau.

(b) Collectors and other customs officers shall refrain from disclosing facts concerning seizures, investigations, and other pending cases of public interest until the matter is completed. The collector may give the public information concerning any case involving an offense against the customs and navigation laws after he has completed his 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 United States attorney for handling. Field officers shall exercise proper restraint and judgment in disclosing local transactions. Unless specifically authorized so to do, they shall not disclose to any person not immediately concerned the text or substance of any communication from the Bureau or the Treasury involving any matter of policy.

(c) Insofar as administrative matters in Washington are concerned, statements will be issued only through the office of the Secretary or the Assistant Secretary in charge of the Customs Service.

(d) 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 the officer or employee by reason of his official employment shall

constitute grounds for dismissal from the Service; and if done for a valuable consideration will subject such person to criminal prosecution.

§ 26.4 Confidential treatment of customs records and documents.

(a) The information contained in invoices, entries, manifests, export declarations, official reports of investigating officers, and other papers or documents filed with customs officers for any official purpose shall be treated as confidential, except for the purpose for which such documents are required to be filed. All officers and employees of the Customs Service are prohibited, unless specially authorized to do so by the Bureau or by the regulations in this part from giving out information contained in such papers and documents except to the importer, exporter (in the case of export documents), or other person directly in interest, or to his authorized agent.

(b) 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 to 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.

(c) 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 custody, 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 papers or documents are demanded is permitted under these regulations to inspect such papers or documents at the customhouse.

(d) Except as stated in paragraph (f) of this section, nothing in this part shall preclude customs officers or employees from producing in the United States 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 furnish

ing to counsel for the United States in formation in, and permitting him to in- | spect, customs papers or documents requested by him, nor from testifying behalf of the United States or otherwise assisting him in the performance of his official duties.

(e) Except as stated in paragraph (c) of this section, copies of customs docu ments or records desired by or on behalf of parties to a suit, whether in a court of the United States or any other, shall be furnished without prior Departmental approval only to the court on a rule of the court upon the Secretary of the Treasury requesting them, or to a person entitled under paragraph (a) of this section to obtain the information they disclose. Exceptions to this rule shall be made only on the written order of the Secretary, the Under Secretary, an As sistant Secretary, or the Administrative Assistant to the Secretary. When re quested, such copies may be authenticated pursuant to the provisions of 28 U. S. C. 1733.

(f) The authority granted in parsgraphs (c), (d), and (e) of this section is subject to the restriction that no ma:ters of a confidential nature or the dise closure of which would be prejudicial to the public interest shall be disclosed to any person.

(g) Upon being served with a subpoena or subpoena duces tecum from 1 court or officer thereof calling for test!mony or the production of papers or documents in cases not covered by paragraph (c) or (d) of this section, or in cases where the testimony or documents desired would disclose matters of a confidential nature or the disclosure of which would be prejudicial to the public interest, the matter shall be referred to the Bureau for instructions with a report which shall specifically describe the testi mony or documents desired; shall set forth the views of the submitting officer as to whether the giving of the testimony or the furnishing of the documents would disclose confidential information or be inimical to the public interest; 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. In the event instructions are not received prior to the date set for appearance or production of documents, of if the Bureau declines to permit their production or the disclosure of the infor mation contained therein or otherwise

ithin the knowledge of the customs offirs or employee whose testimony is relested, the customs officer or employee tall 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. 16.5 Information for the press and associations.

Accredited representatives of the press, luding newspapers, commercial magales, trade journals, and similar publitions may be permitted to examine Issels' 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 apearing on outward manifests, only the eneral character, destination, and antity (or value) of the commodity, ame of vessel, and country of destinaon may be copied and published. here the manifests show both quantity id value, either may be copied and pubthed, but not both in any instance.

(b) Confidential information, such as le names of the shippers and congnees, marks and numbers, and both antities 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 nited States is not now permitted. ich restriction upon disclosure shall be effect during any period covered by a iding by the President under section 1, the act of August 9, 1950, as amended 0 U.S.C. 191). Such a finding is now in fect (Executive Order No. 10173, ct. 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 nsignee, the general character of the mmodity, the quantity (or value), ame of vessel, and the country of disatch shall be copied and published. hen an inward manifest shows both antity and value of the commodity, ther may be copied and published, but Ot both in any instance,

[blocks in formation]

§ 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 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.

[blocks in formation]

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, 81a-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.1 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

"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 a zone .." 19 U. S. C. 81C)

resentative of the Foreign-Trade Zon Board (hereinafter in this part referr to as "the Board"), where the merchandise is not excluded by any other Fed eral agency having jurisdiction over it § 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 termi nated 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 excepting any carrier entering, remain ing in, or leaving a zone from the ap plication of any other pertinent law or regulation.

§ 30.3 Transportation of merchandise

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

For transfer of merchandise from on zone to another zone, see § 30.17.

As used in this part the term "custom territory" means territory of the United States in which the general tariff law of the United States applies but which is not in cluded in any zone.

As used in the act and in this part, thị term "domestic merchandise" means mer chandise of every description (not includi prohibited articles) which has been (1) pro duced in the United States and not exported therefrom or (2) previously imported int 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 in cluding prohibited articles) which has ta been properly released from customs custod in customs territory.

ory outside a port shall be subject to e laws and regulations pertaining to e movement of like merchandise bereen two ports in customs territory. (d) Foreign merchandise being transrred within a port to a zone shall be bject to the laws and regulations perining to the movement of like merandise within the customs territory of e port before delivery to the importer. 10.4 Who may file a zone application. (a) This section tells who is auorized to apply for permission to trans⚫ merchandise into a zone, to do ything with respect to the merchandise thin the zone, or remove the merchanie from the zone. In general, the zone antee shall have the sole responsibility : determining the legal right of the Iplicant to make the application. Acrdingly, such applications shall show written concurrence of the zone grane, except where the regulations in this rt provide for the filing of applications the zone grantee itself, or permit the ing of blanket concurrences by the ne grantee. Government officers actg in their official capacities may queson the zone grantee's concurrence if in eir opinion it is improperly given. In e case of foreign merchandise brought to a zone through customs territory, e appropriate application as preribed in § 30.5 must be filed by the pern having a right to apply for release. (b) The forms of application provided r in this part shall be filed in the numr of copies required for the purposes local administration.

30.5 Admission of merchandise into



(a) This section tells how to obtain e right to unlade or bring merchandise to a foreign-trade zone.

(b) If the merchandise is to be unden from any carrier in the zone for mediate transfer to customs territory, if it is to be transferred from customs rritory through the zone for immediate ding on any carrier therein, an apication for permission to unlade or lade all be filed on customs Form 3171 and e collector shall permit the unlading · lading unless he has reason to believe at the merchandise will not be moved omptly from the zone or made the subct of an application for zone status in ¿cordance with paragraph (d) of this ction. Any such merchandise shall not considered within the purview of the

act, but shall be treated in all respects as though the unlading or lading were in customs territory. Merchandise brought into a zone for lading on a carrier which is not laden without delay which will endanger the revenue must be made the subject of an application for zone status in accordance with paragraph (d) of this section or be removed from the zone.

(c) Imported merchandise which has been entered and which has remained in continuous customs custody may be temporarily transferred to a zone for manipulation under customs supervision pursuant to section 562, Tariff Act of 1930, as amended, and for return to customs territory. Any such merchandise shall not be considered within the purview of the Foreign-Trade Zones Act, but shall be treated in all respects as though remaining in customs territory. Therefore, no zone form or procedure shall be considered applicable, but the merchandise shall remain subject in the zone to such requirements as are necessary for the enforcement of section 562 and other pertinent customs laws.

(d) If the merchandise is to be unladen or brought into the zone for purposes other than as provided for in paragraph (b) of this section an application to transfer into the zone shall be filed on zone Form D. The approval of the grantee shall be noted on this application unless the grantee furnishes a specific or blanket approval separately in writing. In the case of merchandise to be unladen within a zone directly from an importing vessel or aircraft and intended to have zone status, an application for permission to unlade shall also be filed on customs Form 3171. Before foreign merchandise being transported through customs territory may be brought into a foreign trade zone, a release order authorizing the transfer of the merchandise to the zone must be obtained from the carrier bringing the merchandise to the port at which the zone is located. The release order shall be noted on the application Form D unless the carrier has given the release order as a separate document. Whether the release order is noted on application Form D or is given as a separate document, application Form D shall be supported by evidence of the right of the applicant to transfer the merchandise to the zone. This evidence shall be the same as would be required to establish the right of the applicant to apply for release of the merchandise from customs custody at the

« iepriekšējāTurpināt »