Regulations

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Subpart G--General Administrative Provisions 30.90 Confidential information, import entries and withdrawals. The contents of the statistical copies of import entries and withdrawals on file with the Bureau of the Census are treated as confidential and will not be released without authorization by the U.S. Customs Service, in accordance with the policy set forth in 19 C.F.R. 103.4 (Customs Regulations) relating to the copies on file in Customs offices. 30.91 Confidential information, Shipper's Export Declarations. (a) Confidential status. The Shipper's Export Declaration is an official Department of Commerce form, prescribed jointly by the Bureau of the Census and the International Trade Administration. Information supplied thereon is confidential, for use solely for official purposes authorized by the Secretary of Commerce. Use for unauthorized purposes is not permitted. Information on Shipper's Export Declarations may not be disclosed to anyone except the exporter or his agent by those having possession of or access to any copy for official purposes, except as provided in paragraph (e) of this section. (b) Copying of information to manifests not permitted. Since certain types of information from the outward manifests of ocean carriers can be made public under theprovisions of the Customs Regulations, carriers are not permitted to copy information to manifests (or to bills of lading used in lieu of a listing of cargo on a manifest) from Shipper's Export Decla rations in their possession for official purposes, except for (1) the bill of lading number on the declaration, (2) information on the declaration which is  identical with bills of lading or other sources of information available to the carrier, and (3) items of information which are required by Export Administration Regulations to be identical or consistent on both documents. (c) Supplying of copies by exporters for unofficial purposes not permitted. The regulations in this part spell out precise definitions to be followed in reporting information on Shipper's Export Declarations. Strict adherence to these definitions is necessary if the official purposes for which the forms are required are to be effectively accomplished. Because of the possibility that for other purposes different definitions would be appropriate, the supplying by exporters of any copies (or of the information from copies) for any unofficial purpose is considered detrimental to official objectives and is not permitted. (d) Limitations on issuance and reproduction of copies.Consistent with the policy stated in paragraph (c) of this section, and with the confidential status of the document generally, the following limitations are placed upon the issuance of copies to exporters or their agents: (1) A copy of a Shipper's Export Declaration may be supplied to exporters or their agents only when such a copy is needed by the exporter to comply with: (i) official requirements for presentation of a copy to the exporting carrier as authorization for export, (ii) export control requirements, or (iii) U.S. Department of Agriculture requirements for proof of export in connection with subsidy payments. Copies issued to exporters or their agents under subdivisions (ii) or (iii) of this subparagraph will be stamped as follows by the Customs Director: Certified pursuant to the Export Administration Regulations or to fulfill the requirements of a Federal Agency and not for any other purpose. May not be reproduced in any form. (2) Use of copies of the Shipper's Export Declaration in connection with claims for exemption from internal revenue taxes or state taxes is not permitted. (e) Determination by the Secretary of Commerce. When the Secretary of Commerce or delegate determines that applying the exemption from disclosure of information provided by an individual Shipper's Export Declaration is contrary to the national interest, the Secretary or delegate may make such in formation available, taking such safeguards and precautions to limit dissemination as deemed appropriate under the circumstances. In recommendations regarding such actions, the Bureau of the Census will, in general, consider that it is not contrary to the national interest to withhold information on Shipper's Export Declarations from private individuals or businesses (except the exporter or the agent of the exporter) or from State or local government agencies or officials, regardless of the purposes for which the information may be requested. In recommendations regarding any other requests for access to official copies, a judgment in the light of circumstances will be made as to whether it is contrary to the national interest to apply the exemption, keeping in view that the maintenance of confidentiality has in itself an important element of national interest. 30.92 Statistical classification schedules. The following statistical classification schedules referred to in the regulations in this part are hereby incorporated by reference.Information as to where copies may be obtained is indicated. Copies are available for public inspection at the offices of local Customs Directors and Department of Commerce District Offices. TSUSA--Tariff Schedules of the United States Annotated for Statistical Reporting, as currently revised, shows the 7digit statistical reporting number to be used in preparing import entries and withdrawal forms. TSUSA may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, local Customs Directors, or Department of Commerce District Offices located in principal cities. Purchase price includes the basic schedule plus revisions as currently issued for an indefinite period. Schedule B--Statistical Classification of Domestic and Foreign Commodities Exported from the United States, as currently revised, shows the detailed commodity classification requirements and 7digit statistical reporting numbers to be used in preparing Shipper's Export Declarations, as required by these regulations. Schedule B may be purchased from the Super intendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, local Customs Directors, or Depart ment of Commerce District Offices located in principal cities. Purchase price includes the basic schedules and supplements issued irregularly, covering revisions in the schedule for an indefiniteperiod. Schedule CEClassification of Country and Territory Desig nations for U.S. Export Statistics. Free from the Bureau of the Census, Washington, D.C. 20233 Schedule Cl Classification of Country and Territory Desig nations for U.S. Import Statistics. Free from the Bureau of the Census, Washington, D.C. 20233. 30.93 Emergency exceptions. Schedule DClassification of Customs Districts and Ports. Free from the Bureau of the Census, Washington, D C. 20233. In individual cases of emergency, where strict enforcement of the regulations in this part would create undue hardship, the Foreign Trade Division of the Bureau of the Census, with the concurrence of the Office of Export Administration in cases where export control requirements are also involved, may authorize such postponements of or exceptions to the requirements of the regulations in this part as are warranted by the circumstances and not inconsistent with the aims of this chapter. 30.94 Instructions to Customs. Instructions of a continuing nature to Customs with respect to the forwarding of statistical copies of forms and the preparation of special statistical reports not involving requirements upon thepublic will not be included in the regulations in this part, but will, instead be transmitted to Customs through appropriate administrative channels. 30.95 Penalties for violations. Any person who violates any provisions of this part, except for violations of the provisions relating to delayed filing of documents under bond as provided by 30.24, shall be liable to the United States in civil penalty not exceeding $1,000 for each violation, as authorized by section 305 of chapter 9 of title 13 of the United States Code. Vincent P. Barabba Director Bureau of the Census I concur: David R. MacDonald Assistant Secretary of theTreasury