Wild Horse, Mont........... Great Falls.

Do. Pembina.

Noyes, Warroad.

Sandusky.

Do. Port Huron.

Saginaw

Bay City.

Sault Ste.

Marie. Do. Muskegon. Sault Ste. Marie. Port Huron. Sault Ste. Marie.

Port Huron.

Rogers City, Mich ......... Saginaw.

Bay City.

(d) Temporary Customs stations. Customs stations may be designated for a temporary time only, to provide Customs facilities where needed because of certain large-scale operations. Because these designations change from time to time they are not listed. However, current information as to

Montreal, Quebec

Toronto, Ontario

...........

Kindley Field, Bermuda.

Nassau, Bahama Islands.... Vancouver, British

Columbia..

Prince Rupert, British Columbia.

Winnepeg, Manitoba.

§ 101.6 Hours of business.

Customs district having supervision St. Albans, Vt. Buffalo, N.Y.

Kennedy Airport

area, Jamaica,

N.Y.

Miami, Fla.

Seattle, Wash.

Anchorage, Alaska. Pembina, N.Dak.

Except as specified in paragraphs (a)-(g) of this section, each Customs office shall be open for the transactions of general Customs business between the hours of 8:30 a.m. and 5 p.m. on all days of the year:

(a) Saturdays, Sundays and national holidays. In addition to Saturdays, Sundays, and any other calendar day designated as a holiday by Federal statute or Executive order, Customs offices shall be closed on the following national holidays:

(1) The first day of January.

(2) The third Monday of February. (3) The last Monday of May.

(4) The fourth day of July.

(5) The first Monday of September. (6) The second Monday of October. (7) The fourth Monday of October. (8) The fourth Thursday of November.

(9) The twenty-fifth day of December.

If a holiday falls on Saturday, the day immediately preceding such Saturday will be observed. If a holiday falls on Sunday, the day immediately following such Sunday will be observed. (5 U.S.C. 6103(b)(1)); (E.O. No. 11582, January 1, 1971; 34 FR 2957; 3 CFR Ch. 11)

(b) Local conditions requiring different hours. If, because of local conditions, different but equivalent hours

are required to maintain adequate service, such hours shall be observed provided the Commissioner of Customs approves them and provided further that a notice of business hours is prominently displayed at the principal entrance and in each public room of the Customs office.

(c) Firing of hours. At each port or station where there is no full-time Customs employee, the appropriate district director shall, with the approval of the regional commissioner of Customs, fix the hours during which the Customs office will be open for the transaction of general Customs business. Notice of such hours shall be prominently displayed at the principal entrance of the office.

(d) State and local holidays. Each Customs office shall be open for the transaction of business on all state and local holidays occurring on days other than Saturdays, Sundays, and national holidays listed in paragraph (a) of this section. The appropriate principal field officer may excuse any employee(s) without charge to leave when a state or local holiday interferes with the performance of his work in a Customs office.

(e) Services performed outside a Customs office. Customs services required to be performed outside a Customs office shall be furnished between the hours of 8 a.m. and 5 p.m. (or between the corresponding hours at ports where different but equivalent hours are required for the maintenance of adequate service and are approved by the Commission of Customs) on all days when the Customs office is open for the transaction of general Customs business. The regional commissioner of Customs shall, from time to time, and upon reasonable advance notice to the principal local officer concerned, issue instructions for the furnishing of such services on Saturdays.

(f) Customs services not within prescribed hours. Where there is a regularly recurring need for Customs services outside the hours prescribed in paragraphs (a)-(e) of this section and the volume and duration of the required services are uniformly such as to require, of themselves or in immediately consecutive combination with

other essential Customs activities of the port, the full time of one or more Customs employees, the necessary number of regular tours of duty to furnish such services on all days of the year except Sundays and national holidays established with the approval of the Commissioner of Customs.

(g) Customs services furnished private interests. Other than as specified in this section. Customs services shall be furnished private interests only in accordance with the provisions of section 24.16 of this chapter.

§ 101.7 Customs seal.

(a) Design. According to the design furnished by the Department of tne Treasury, the Customs seal of the United States shall consist of the seal of the Department of the Treasury surrounded by an outer circle in which appear the words "Treasury” at the top and "U.S. Customs Service" at the bottom.

(b) Use of the Customs seal. The Customs seal currently in official use, including the dies, rolls, plates, and like devices now in the possession of the Bureau of Engraving and Printing, shall continue to be equally effective as the official seal of the United States Customs Service and shall continue to be so used by each Customs officer and employee having possession of the seal until that particular device requires replacing and is replaced. Use of the United States Customs seal shall be restricted in the following manner:

(1) The Customs seal of the United States shall be impressed upon all official documents requiring the impress of a seal. It shall be impressed upon all marine documents and landing certificates, certificates of weight, gauge, or measure, and similar classes of documents for outside interests.

(2) The impress of the seal is not necessary on documents passing within the Customs Service nor shall the seal be used in the manner of a notary seal to indicate authority to administer oaths.

§ 101.8 Identification cards.

Each Customs employee shall be issued an appropriate identification

This part contains the regulations of the United States Customs Service implementing the Freedom of Information Act (5 U.S.C. 552), which set forth the procedures by which records may be obtained from Headquarters, United States Customs Service, Washington, D.C., and from offices of regional commissioners of Customs and district directors of Customs. The fees charged for furnishing such records are also prescribed in this part. The regulations govern inspection, copying, or otherwise obtaining copies of Customs opinions, orders made in the adjudication of cases, rulings, and records. This part also contains the general rules covering the release of certain information to the press and the giving of testimony or the production of Customs documents in Court. To the extent permitted by other laws, the United States Customs Service will

make available records which it is authorized to withhold under 5 U.S.C. 552(b) and this part whenever it determines that such disclosure is in the public interest. Persons seeking information on records may and it useful to consult with the Public Information Division, United States Customs Service, Washington, D.C. 20229, or with public information officers in Customs field offices before invoking the formal procedures set out in this part. The Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, which was published in June 1967, is available from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

§ 103.1 Public reference facilities.

Each office listed below will maintain a public reading room or public reading area where the material required to be made available under 5 U.S.C. 552(a)(2) and this part may be inspected and copied:

UNITED STATES CUSTOMS SERVICE
(HEADQUARTERS)

1301 Constitution Avenue NW., Washington, D.C. 20229.

REGION I-BOSTON

100 Summer Street, Suite 1819, Boston, Mass. 02110.

REGION II-NEW YORK

6 World Trade Center, New York, N.Y. 10048.

REGION III-BALTIMORE

U.S. Customhouse, 40 S. Gay Street, Baltimore, Md. 21202.

REGION IV-MIAMI

Plaza Executive Centre, Suite 300, 7370 NW. 36th Street, Miami, Fla. 33166.

REGION V-NEW ORLEANS Canal-LaSalle Building, Suite 2400, 1440 Canal Street, New Orleans, Louisiana 70112.

REGION VI-HOUSTON

500 Dallas Street, Suite 1240, Houston, Tex. 77002.

REGION VII-LOS ANGELES

New Federal Building, 300 N. Los Angeles Street, Los Angeles, Calif. 90012.

REGION VIII-SAN FRANCISCO

New Federal Building, 450 Golden Gate Avenue, Box 38117, San Francisco, Calif. 94102.

REGION IX-CHICAGO

Room 1501, 55 East Monroe Street, Chicago, Ill. 60603.

The Reading Rooms are open to the public during regular business hours 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 in accordance with § 103.9. [T.D. 73-310, 38 FR 31167, Nov. 12, 1973, as amended by T.D. 76-120, 41 FR 18072, Apr. 30, 1976; 41 FR 21444, May 26, 1976]

§ 103.2 Requests for identifiable records and copies.

(a) To whom requests for records should be addressed. Requests to inspect or copy records of the United States Customs Service including those not customarily made available and which are not available in a public reading room (see § 103.1), shall be addressed to the local regional commissioner or district director of Customs, if the records are located in his office, or to Headquarters, United States Customs Service, Washington, D.C. 20229, to the attention of the Director, Classification and Value Division, Office of Regulations and Rulings.

(b) Request should be in writing and for identifiable records. A request to inspect or copy records should be submitted in writing and should sufficiently identify the records requested to enable Customs personnel to locate them with a reasonable amount of effort. Where possible, specific information regarding dates, titles, file designations,

and other information which may help identify the records should be supplied by the requester. If the request relates to a matter in pending litigation, the court and its location should be identified.

(c) Standard forms not necessary. Standard forms are not necessary for making requests. Any written request

is acceptable if it identifies a record sufficiently to enable it to be located with a reasonable amount of effort.

(d) Requests for records falling within a specific category-(1) Must meet identifiable records requirement. A request for all records falling within a reasonably specific category shall be regarded as conforming to the statutory requirement that records be identifiable if it can reasonably be determined which particular records come within the request, and the records can be searched for and collected without unduly burdening or interfering with Customs operations because of the staff time consumed or the resultant disruption of files.

(2) Assistance in reformulating nonconforming requests. If it is determined that a categorical request would unduly burden or interfere with Customs operations under subparagraph (1) of this paragraph, the response denying the request on those grounds shall specify the reasons why and the extent to which compliance would burden or interfere with Customs operations. An opportunity shall be extended to the requester to confer with knowledgeable Customs personnel in an attempt to reduce the request to manageable proportions by reformulation and by agreeing on an orderly procedure for the production of the records.

(e) Requests for records of other agencies. Where it is determined that the question of the availability of requested records is primarily the responsibility of another agency, the request will be referred to the other agency for processing in accordance with its regulations, and the person submitting the request will be so notified.

(f) Authority of Customs field officers. A regional commissioner or district director of Customs to whom a request is made for permission to inspect or copy a record may grant the request if the record is of a type enumerated in § 103.7 or § 103.8, or if precedents from headquarters authorize the granting of the request. A regional commissioner or district director may deny a request to inspect or copy a Customs record if the case is clearly

covered by a previous decision made by the Commissioner of Customs or the Assistant Commissioner, Office of Regulations and Rulings, but any case not so covered shall be sent to headquarters for a decision. A deletion is, in effect, a denial of information, and shall be made only if consistent with paragraph (b) of § 103.4, or if the case is clearly covered by a previous decision made by the Commissioner of Customs.

(g) Requests from foreign governments. Each request from a foreign government will be forwarded to headquarters for a decision.

§ 103.3 Replies to requests.

(a) Replies or acknowledgments. Requests for sufficiently identified records shall be complied with or denied, or their receipt acknowledged, as soon as practicable after their receipt by a regional commissioner or district director of Customs. Requests for sufficiently identified records addressed to Headquarters, United States Customs Service, shall be complied with or acknowledged by the Director, Classification and Value Division, or denied by the Assistant Commissioner, Office of Regulations and Rulings, as soon as practicable after their receipt.

(b) Acknowledgment appropriate. Acknowledgment of, rather than action upon, the request is appropriate only in one or more of the following circumstances:

(1) The requested records are stored in whole or part at other locations than the office in receipt of the request.

(2) The request requires the collection of a substantial number of specified records.

(3) The request is couched in categorical terms and requires an extensive search for the records responsive to it.

(4) The requested records have not been located in the course of a routine search and additional efforts are being made to locate them.

(5) The requested records require examination and evaluation to determine if they are exempt from disclosure.

(6) The requested records or some of them involve the responsibility of an

other agency or another bureau or office of the Department of the Treasury, whose assistance or views are being sought in processing the request.

(c) Notation of reason for delay on acknowledgment. When compliance with a request for sufficiently identified records will be delayed for one or more of the above reasons, the acknowledgment shall include a notation of the reason or reasons for the delay.

(d) Forwarding to other agency. If action on the request will be delayed because of paragraph (b)(6) of this section, a copy of the request will be forwarded immediately to the other agency or office concerned.

(e) Insufficient information. When the request does not identify a record sufficiently to enable it to be located with a reasonable amount of effort, the requester shall be notified as soon as practicable after receipt of the request that additional information is necessary to identify the record.

§ 103.4 Processing of requests.

(a) Procedure to be followed. Upon receipt of a request to inspect, copy or purchase a copy of any Customs document, the applicant will be advised in accordance with § 103.3 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 (see § 103.9). Upon receipt of this amount, or of a guarantee of payment, the information or copy will be made available.

(b) Deletion of identifying details from documents-(1) General. Where an opinion, order, ruling, or other Customs document contains information of the type described in subparagraph (2) of this paragraph, but the actual opinion, order, ruling, or substance 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.