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 information in, and permitting him to inspect, customs papers or documents requested by him, nor from testifying on 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 documents 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 Assistant Secretary, or the Administrative Assistant to the Secretary. When requested, such copies may be authenticated pursuant to the provisions of 28 U. S. C. 1733.

(f) The authority granted in paragraphs (c), (d), and (e) of this section is subject to the restriction that no matters of a confidential nature or the disclosure 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 a court or officer thereof calling for testimony 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 testimony 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, 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 officers or employee whose testimony is requested, the customs officer or employee shall appear in court or before the offcer concerned in answer to the subpoena and respectfully decline to produce the documents called for or to testify, except to the extent specifically authorized elsewhere 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.

§ 26.5

Information for the press and associations.

Accredited representatives of the press, including newspapers, commercial magazines, trade journals, and similar publications 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:

(a) 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.

(b) Confidential 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. Disclosure of special category export shipments which might endanger the security of the United States is not now permitted. Such restriction upon disclosure shall be 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 is now in effect (Executive Order No. 10173, Oct. 18, 1950 (3 CFR, 1949-1953 Comp. p. 356; 15 F.R. 7005)).

(c) 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 dispatch 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.

All copies and notations from inward or outward manifests shall be submitted for examination by a customs officer 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 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.

998, 999, as amended, 1000-1003, sec. 624, 46 Stat. 759, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 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

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

resentative of the Foreign-Trade Zones Board (hereinafter in this part referred to as "the Board"), where the merchandise is not excluded by any other Federal agency having jurisdiction over it. § 30.2 Use of zone by carriers.

2

(a) The water area, docking facilities, or any loading or unloading stations of a 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 regulations in this part shall be construed as 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 directly to a zone from any place outside customs territory by vessel, vehicle, or aircraft.

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

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

'As used in the act and in this part, the term "domestic merchandise" means merchandise of every description (not including prohibited articles) which has been (1) produced 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 including prohibited articles) which has not been properly released from customs custody in customs territory.

ritory outside a port shall be subject to the laws and regulations pertaining to the movement of like merchandise between two ports in customs territory.

(d) Foreign merchandise being transferred within a port to a zone shall be subject to the laws and regulations pertaining to the movement of like merchandise within the customs territory of the port before delivery to the importer. $30.4 Who may file a zone application.

(a) This section tells who is authorized to apply for permission to transfer merchandise into a zone, to do anything with respect to the merchandise within the zone, or remove the merchandise from the zone. In general, the zone grantee shall have the sole responsibility for determining the legal right of the applicant to make the application. Accordingly, such applications shall show a written concurrence of the zone grantee, except where the regulations in this part provide for the filing of applications by the zone grantee itself, or permit the filing of blanket concurrences by the zone grantee. Government officers acting in their official capacities may question the zone grantee's concurrence if in their opinion it is improperly given. In the case of foreign merchandise brought into a zone through customs territory, the appropriate application as prescribed in § 30.5 must be filed by the person having a right to apply for release.

(b) The forms of application provided for in this part shall be filed in the number of copies required for the purposes of local administration.

§ 30.5 Admission of merchandise into

a zone.

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

(b) If the merchandise is to be unladen from any carrier in the zone for immediate transfer to customs territory, or if it is to be transferred from customs territory through the zone for immediate lading on any carrier therein, an application for permission to unlade or lade shall be filed on customs Form 3171 and the collector shall permit the unlading or lading unless he has reason to believe that the merchandise will not be moved promptly from the zone or made the subject of an application for zone status in accordance with paragraph (d) of this section. Any such merchandise shall not be 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

(e) No merchandise shall be transferred into a zone until an application has been filed and a permit issued for the transfer, as set forth in paragraph (b) or (d) of this section.

(f) The collector may cause any merchandise in a zone to be examined at the time of admission, or at any time thereafter, if the examination is deemed necessary to facilitate the proper administration of any law, regulation, or instruction which the Customs Service is authorized to enforce.

(g) Whenever a certificate as to the arrival of any merchandise in a zone is required by a Federal agency the collector shall issue the certificate, properly describing and identifying the merchandise involved.

§ 30.6 Privileged foreign merchandise.

(a) This section tells how to obtain a privileged status for foreign merchandise, and what are the legal incidents of such status.

(b) Merchandise within the purview of the first proviso to section 3 of the act, as amended, shall be given status

See § 8.6 of this chapter.

844

Provided, That whenever the privilege shall be requested and there has been no manipulation or manufacture effecting a change in tariff classification, the collector of customs shall take under supervision any lot or part of a lot of foreign merchandise in a zone, cause it to be appraised and taxes determined and duties liquidated thereon. Merchandise so taken under supervision may be stored, manipulated, of manufactured under the supervision and regulations perscribed by the Secretary of the Treasury, be exported or destroyed, or may be sent into customs territory upon the payment of such liquidated duties and determined taxes thereon. If merchandise so taken under supervision has been manipulated or manufactured, such duties and taxes shall be payable on the quantity of

as privileged foreign merchandise on proper application. Each application for this status shall be filed on zone Form B, with the application for admission of the merchandise into the zone, or at any time thereafter and before the merchandise has been manipulated or manufactured in the zone in a manner which has effected a change in its tariff classification. Each applicant for such status shall file with his application a zone customs entry on customs Form 7502. Upon acceptance of the entry, the collector shall cause the merchandise to be appraised and taxes determined and duties liquidated thereon promptly. The taxes to be determined are those of the same nature as are indicated in the liquidation of entries of imported merchandise in customs territory.

(c) A status as privileged foreign merchandise and the consequent determination of taxes and liquidation of duties cannot be abandoned, but remain applicable to the merchandise even if changed in form by manipulation or manufacture, except in the case of recoverable waste, as long as the merchandise remains within the purview of the act.

(d) The procedure in connection with the preparation, filing, and acceptance of the entry, the making of notations on invoices, the preparation of customs Form 6417, the designation of examination packages or quantities, and the examination and appraisement of the merchandise shall be the same as that prescribed in the case of an entry for warehouse made in customs territory, except that no bond shall be required.

(e) Application may be made for permission to manipulate, manufacture, or exhibit any privileged foreign merchandise before taxes have been determined and duties liquidated thereon, but in such case the examination for purposes of appraisement must be completed, or

such foreign merchandise used in the manip. ulation or manufacture of the entered article. Allowance shall be made for recoverable and irrecoverable waste; and if recoverable waste is sent into customs territory, it shall be dutiable and taxable in its condition and quantity and at its weight at the time of entry. Where two or more products result from the manipulation or manufacture of merchandise in a zone the liquidated duties and determined taxes shall be distributed to the several products in accordance with their relative value at the time of separation with due allowance for waste as provided for above: (Sec.

1, Pub. Law No. 566, 81st Cong.).