HQ 0223614 - Your ruling request of December 16, 1991, concerning drawback and confidential treatment of information submitted; Freedom of Information Act; FOIA; 5 USC 552; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3); 19 CFR 177.6 - United States International Trade Commision Rulings

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HQ 223614

December 23, 1991

DRA-4 CO:R:C:E 223614 C

CATEGORY: DRAWBACK

T.C. Chou
Paramount Citrus Exchange
12233 West Olympic Blvd.
Los Angeles, California 90064

RE: Your ruling request of December 16, 1991, concerning drawback and confidential treatment of information submitted; Freedom of Information Act; FOIA; 5 USC 552; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3); 19 CFR 177.6

Dear Ms./Mr. Chou:

This responds to your letter of December 16, 1991, requesting a ruling on the applicability of substitution same condition drawback to your clients's operation. Therein, you requested that bracketed information be accorded confidential treatment in accordance with 19 C.F.R. 177.2(b)(7) and 177.8(a)(3). You claimed that disclosure of the bracketed information would cause substantial harm to the parties involved and would prejudice their future competitive position. Before addressing the substantive issues raised in the ruling request, we must first consider the confidentiality request.

Initially, we do not believe that your request satisfies the requirements of 19 C.F.R. 177.2(b)(7). Therein, it states:

(7) Privileged or confidential information. Information which is claimed to constitute trade secrets or privileged or confidential commercial or financial information regarding the business transaction of private parties[,] the disclosure of which would cause substantial harm to the competitive position of the person making the request (or of another interested party), must be identified clearly and the reasons such information should not be disclosed, including, where applicable, the reasons the disclosure of the information would prejudice the competitive position of the person making the request (or of another interested party)[,] must be set forth.

Under 19 C.F.R. 177.8(a)(3), no part of a ruling request will be deemed to constitute privileged or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. 552, unless, in accordance with 19 C.F.R. 177.2(b)(7), the information claimed to be exempt is clearly identified and reasons for the exemption are set forth. While your letter clearly identifies the information claimed to be confidential, it fails to sufficiently set forth the reasons why the disclosure of such information would prejudice the competitive position of your clients. Conclusory allegations of harm are unacceptable.

Consequently, in order to further process your confidentiality request, we recommend that you specify, with full explanation, how the disclosure of the bracketed information would inure to the competitive disadvantage of your clients. While Customs does not ordinarily apply confidential treatment to names, we will consider any arguments you submit to demonstrate competitive disadvantage and application of the exemption. Your response is required within 30 days of the date of this letter. No action will be taken to process your ruling request until this confidentiality issue is resolved. If we do not hear from you within the 30-day period, we will consider your request withdrawn.

Under 19 C.F.R. 177.6, your ruling request will be retained in the Customs Service file and will not be returned. If this office receives a FOIA request for your submission, Treasury Department Regulations (31 C.F.R. 1.6) regarding the disclosure of business information provide that the submitter of business information will be advised of receipt of a request for such information whenever the business submitter has in good faith designated the information as commercially or financially sensitive information. We accept your request for confidential treatment as a good faith request, albeit, an unperfected one. Accordingly, you will be notified if a disclosure request is received.

Any questions regarding the foregoing may be directed to William G. Rosoff, Chief, Entry Rulings Branch, at (202) 566- 5856.

Sincerely,

John Durant, Director

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