Quick Navigation: Resources
by Topic Business
& Economy Education
Environment
Food
& Drugs Grants
& Awards Health
& Safety Military
& Security Science
& Technology Social
Programs Transportation

Site
Search:
advanced

•

Browse

•

Simple
Search

•

Advanced Search

*
Boolean

* Proximity

•

Search
History

•

Search
Tips

•

Corrections

•

Latest
Updates

•

User
Info

•

FAQs

•

Agency
List

•

Incorporation
by Reference

•

e-CFR
Main Page

•

Code of Federal
Regulations

•

Federal
Register

•

List of
CFR
Sections Affected

•

Regulations.gov

•

Unified
Agenda

•

All NARA
Publications

Ben's
Guide
to U.S.
Government

Home
Page > Executive
Branch > Code of
Federal Regulations > Electronic Code of Federal
Regulations

e-CFR
Data is current as of February 7, 2012

Title 19:
Customs Duties
PART 103—AVAILABILITY OF INFORMATION

Subpart C—Other Information Subject to Restricted
Access

Browse
Next

§ 103.31   Information on vessel manifests and
summary statistical reports.

(a) Disclosure to members of the press. Accredited
representatives of the press, including newspapers, commercial magazines,
trade journals, and similar publications shall be permitted to examine
vessel manifests and summary statistical reports of imports and exports
and to copy therefrom for publication information and data subject to the
following rules:

(1) Of the information and data appearing on outward manifests, only
the name and address of the shipper, general character of the cargo,
number of packages and gross weight, name of vessel or carrier, port of
exit, port of destination, and country of destination may be copied and
published. However, if the Secretary of the Treasury makes an affirmative
finding on a shipment-by-shipment basis that disclosure of the above
information is likely to pose a threat of personal injury or property
damage, that information shall not be disclosed to the public.

(2) Commercial or financial information, such as the names of the
consignees, and marks and numbers shall not be copied from outward
manifests or any other papers.

(3) All the information appearing on the cargo declaration (Customs
Form 1302) of the inward vessel manifest may be copied and published.
However, if the Secretary of the Treasury makes an affirmative finding on
a shipment-by-shipment basis that the disclosure of the information
contained on the cargo declaration is likely to pose a threat of personal
injury or property damage, that information shall not be disclosed to the
press.

(b) Review of data. All copies and notations from inward or
outward manifests shall be submitted for examination by a Customs officer
designated for that purpose.

(c) Disclosure to the public. Members of the public shall not be
permitted to examine vessel manifests. However, they may request and
obtain from Customs, information from vessel manifests, subject to the
rules set forth in paragraph (a) of this section. However, 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
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.

(d) Confidential treatment —(1) Inward manifest. An
importer or consignee may request confidential treatment of its name and
address contained in inward manifests, to include identifying marks and
numbers. In addition, an importer or consignee may request confidential
treatment of the name and address of the shipper or shippers to such
importer or consignee by using the following procedure:

(i) An importer or consignee, or authorized employee, attorney or
official of the importer or consignee, must submit a certification (as
described in paragraph (d)(1)(ii) of this section) claiming confidential
treatment of its name and address. The name and address of an importer or
consignee includes marks and numbers which reveal the name and address of
the importer or consignee. An importer or consignee may file a
certification requesting confidentiality for all its shippers.

(ii) There is no prescribed format for a certification. However, the
certification shall include the importer's or consignee's Internal Revenue
Service Employer Number, if available. There is no requirement to provide
sufficient facts to support the conclusion that the disclosure of the
names and addresses would likely cause substantial harm to the competitive
position of the importer or consignee.

(iii) The certification must be submitted to the Disclosure Law
Officer, Headquarters, U.S. Customs Service, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229.

(iv) Each initial certification will be valid for a period of two years
from the date of receipt. Renewal certifications should be submitted to
the Disclosure Law Officer at least 60 days prior to the expiration of the
current certification. Information so certified may be copied, but not
published, by the press during the effective period of the certification.
An importer or consignee shall be given written notification by Customs of
the receipt of its certification of confidentiality.

(2) Outward manifest. If a shipper wishes to request
confidential treatment by Customs of the shipper's name and address
contained in an outward manifest, the following procedure shall be
followed:

(i) A shipper, or authorized employee or official of the shipper, must
submit a certification claiming confidential treatment of the shipper's
name and address. The certification shall include the shipper's Internal
Revenue Service Employer Number, if available.

(ii) There is no prescribed format for a certification.

(iii) The certification must be submitted to the Disclosure Law
Officer, Headquarters, U.S. Customs Service, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229.

(iv) Each certification will be valid for a period of two (2) years
from the date of its approval.

(3) If any individual shall abuse the privilege granted him to
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.

(e) Availability of manifest data on CD-ROMS —(1)
Availability. Manifest data acquired from the Automated Manifest
System (AMS) is available to interested members of the public on CD-ROMS.
This data, compiled daily, will contain all manifest transactions made on
the nationwide system within the last 24 hour period. Data for which
parties have requested confidential treatment in accordance with paragraph
(d) of this section will not be included on the CD-ROMS. These CD-ROMS may
be purchased at the government's production cost. CD-ROMS are available
for specific days or on a subscription basis.

(2) Requests and subscriptions. Requests for CD-ROMS must be in
writing and submitted to: U.S. Customs and Border Protection, National
Finance Center, Collections Section, P.O. Box 68907, Indianapolis, Indiana
46268, or 6026 Lakeside Blvd., Indianapolis, Indiana 46278. Requests must
include a check to cover the cost of the CD-ROMS requested. Actual costs
and other specific information should be ascertained by contacting the
Collections Section at (317) 614–4514. Bills for subscriptions will be
issued monthly, with the first month's fee due in advance. Requested
CD-ROMS will be mailed from the CBP Technology Support Center, first
class, on the next business day after compilation. Parties desiring
another form of delivery will have to make their own arrangements and
notify CBP in advance. Subscriptions may be canceled provided CBP receives
written notice at least 10 days prior to the end of the month. The CBP
Technology Support Center must be notified in writing within seven days of
technical problems with CD-ROMS or non-receipt of CD-ROMS in order to
receive a replacement or credit towards future tape purchases. Refunds
will not be provided. Information regarding the technical specifications
of the CD-ROMS, problem CD-ROMS or the non-receipt of CD-ROMS should be
directed to CBP Technology Support Center at 1–800–927–8729.

(3) Data elements. The following are the data elements from the
AMS manifest which will be provided to the public via CD-ROMS:

1. Carrier code.

2. Vessel country code.

3. Vessel name.

4. Voyage number.

5. District/port of unlading.

6. Estimated arrival date.

7. Bill of lading number.

8. Foreign port of lading.

9. Manifest quantity.

10. Manifest units.

11. Weight.

12. Weight unit.

13. Shipper name.1

1 Designates data element which will be deleted where
confidentiality has been requested.

14. Shipper address.1

15. Consignee name.1

16. Consignee address.1

17. Notify party name.1

18. Notify party address.1

19. Piece count.

20. Description of goods.

21. Container number.

22. Seal number.

[T.D. 81–168, 46 FR 32565, June 24, 1981, as amended by T.D. 84–111, 49
FR 19953, May 10, 1984; 49 FR 23340, June 6, 1984; T.D. 85–123, 50 FR
29954, July 23, 1985; T.D. 91–77, 56 FR 46114–46115, Sept. 10, 1991; T.D.
92–92, 57 FR 44089, Sept. 24, 1992. Redesignated by T.D. 96–36, 61 FR
19838, May 3, 1996, and amended by T.D. 99–27, 64 FR 13675, Mar. 22, 1999;
T.D. 01–14, 66 FR 8767, Feb. 2, 2001; CBP Dec. 08–25, 73 FR 40726, July
16, 2008; CBP Dec. 10–29, 75 FR 52452, Aug. 26, 2010]

Browse
Next

For questions or comments regarding e-CFR
editorial content, features, or design, email [email-masked].

For questions
concerning e-CFR programming and delivery issues, email [email-masked].

Section
508 / Accessibility