§1625 Interpretive Rulings and Decisions; Public Information

Summary

The Secretary must publish any interpretive ruling, ruling letter, internal advice memo, or protest review decision about a customs transaction within 90 days in the Customs Bulletin or make it available for public inspection. Anyone can appeal an unfavorable interpretive ruling or an interpretation of a regulation to a higher Customs authority for a new review. If the appellant shows a business need, the appeal must be decided within 60 days after filing. The law calls out proposed rulings that would change or cancel a prior ruling that has been in effect at least 60 days, or that would change how Customs treats substantially identical transactions. If a decision would limit how a court ruling applies, it must be published in the Customs Bulletin and the public must be allowed to comment before it becomes final. The Secretary may provide written or electronic guidance—like directives, memoranda, electronic messages, and telexes—so importers and exporters can follow Customs rules. That information can be withheld if it is covered by the disclosure exemptions in section 552 of title 5.