HQ 0223900 - Your letter of April 16, 1992, concerning administration of the laws and regulations pertaining to brokers; privileged or confidential information; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3) - United States International Trade Commision Rulings

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HQ 223900

May 26, 1992

BRO-3-05 CO:R:C:E 223900 C

CATEGORY: ENTRY LIQUIDATION

Charles Laber
781 Stanford Lane
Carol Stream, IL 60188

RE: Your letter of April 16, 1992, concerning administration of the laws and regulations pertaining to brokers; privileged or confidential information; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3)

Dear Mr. Laber:

This responds to the referenced letter, requesting a ruling on the applicability of the broker laws and regulations to the therein described situation. In addition, you requested that the identity of the requesting party be accorded confidential treatment in accordance with 19 C.F.R. 177.2(b)(7) and 177.8(a)(3). 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. Your letter is not clear on the identity of the "requesting party" and it fails to sufficiently set forth the reasons why the disclosure of such information would prejudice its competitive position. Conclusory allegations of harm are unacceptable.

In view of your instruction to treat this ruling request as withdrawn if we cannot grant confidentiality, we are closing this case with the issuance of this letter. If you should decide to submit argument as to why your confidentiality request should be granted, please respond to that effect within 30 days of the date of this letter. Specify, with full explanation, how disclosure of the requesting party's identity would inure to its competitive disadvantage. While Customs does not ordinarily apply confidential treatment to names, we will consider any arguments you submit to demonstrate competitive disadvantage and applicability of the exemption. (Please reference the six digit file number in the upper right corner of page one.)

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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