19 CFR 103.9 - Judicial review.

Status message

There is 1 rule appearing in the Federal Register for 19 CFR 103. View below or at eCFR (GPOAccess)
§ 103.9 Judicial review.
(a) Failure to comply with time limitations. If the United States Customs Service fails to comply with the time limitations specified in §§ 103.6, 103.7 or § 103.8, a requester is considered to have exhausted the administrative remedies with respect to the request.
(b) Procedure of initiating judicial review. If a request for records is denied upon appeal pursuant to § 103.7, or if no determination is made within the 10-day or 20-day periods specified in §§ 103.6 and 103.7, respectively, together with an extension pursuant to § 103.8(a) or by agreement of the requester, the requester may commence an action under 5 U.S.C. 552(a)(4)(B) in a United States district court in the district (1) in which the requester resides, (2) in which the requester's principal place of business is located, (3) in which the records are situated, or (4) in the District of Columbia. Service of process in that action is governed by the Federal Rules of Civil Procedure (28 U.S.C. App.) applicable to actions against an agency of the United States. The Chief Counsel, United States Customs Service, 1300 Pennsylvania Avenue, NW., Washington, DC 20229 is the officer designated to receive any service of process.
(c) Proceeding against officer or employee. Under 5 U.S.C. 552(a)(4)(F), the Special Counsel, Merit Systems Protection Board, has authority, upon the issuance of a written finding by a court that the Customs officer or employee who was primarily responsible for withholding a record may have acted arbitrarily or capriciously, to initiate a proceeding to determine whether disciplinary action is warranted against that officer or employee. The Special Counsel, after investigation and consideration of the evidence submitted, submits its findings and recommendations to the Commissioner of Customs and the Secretary of the Treasury. The Special Counsel also sends copies of the findings and recommendations to the officer or employee or the representative of that officer or employee.
[T.D. 81-168, 46 FR 32565, June 24, 1981, as amended by T.D. 99-27, 64 FR 13675, Mar. 22, 1999]

Title 19 published on 2013-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-11-27; vol. 78 # 229 - Wednesday, November 27, 2013
    1. 78 FR 70855 - Technical Corrections Relating to the Procedures for the Production or Disclosure of Information in State or Local Criminal Proceedings
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Customs and Border Protection, Treasury Department
      Final rule.
      Effective Date: November 27, 2013.
      19 CFR PART 103

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 19 published on 2013-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 103 after this date.

  • 2013-11-27; vol. 78 # 229 - Wednesday, November 27, 2013
    1. 78 FR 70855 - Technical Corrections Relating to the Procedures for the Production or Disclosure of Information in State or Local Criminal Proceedings
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Customs and Border Protection, Treasury Department
      Final rule.
      Effective Date: November 27, 2013.
      19 CFR PART 103