19 U.S.C. § 1625

Interpretive rulings and decisions; public information

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(a) Publication

Within 90 days after the date of issuance of any interpretive ruling (including any ruling letter, or internal advice memorandum) or protest review decision under this chapter with respect to any customs transaction, the Secretary shall have such ruling or decision published in the Customs Bulletin or shall otherwise make such ruling or decision available for public inspection.

(b) Appeals

A person may appeal an adverse interpretive ruling and any interpretation of any regulation prescribed to implement such ruling to a higher level of authority within the Customs Service for de novo review. Upon a reasonable showing of business necessity, any such appeal shall be considered and decided no later than 60 days following the date on which the appeal is filed. The Secretary shall issue regulations to implement this subsection.

(c) Modification and revocationA proposed interpretive ruling or decision which would—(1) modify (other than to correct a clerical error) or revoke a prior interpretive ruling or decision which has been in effect for at least 60 days; or(2) have the effect of modifying the treatment previously accorded by the Customs Service to substantially identical transactions;shall be published in the Customs Bulletin. The Secretary shall give interested parties an opportunity to submit, during not less than the 30-day period after the date of such publication, comments on the correctness of the proposed ruling or decision. After consideration of any comments received, the Secretary shall publish a final ruling or decision in the Customs Bulletin within 30 days after the closing of the comment period. The final ruling or decision shall become effective 60 days after the date of its publication.(d) Publication of customs decisions that limit court decisions

A decision that proposes to limit the application of a court decision shall be published in the Customs Bulletin together with notice of opportunity for public comment thereon prior to a final decision.

(e) Public information

The Secretary may make available in writing or through electronic media, in an efficient, comprehensive and timely manner, all information, including directives, memoranda, electronic messages and telexes which contain instructions, requirements, methods or advice necessary for importers and exporters to comply with the Customs 11 So in original. Probably should not be capitalized. laws and regulations. All information which may be made available pursuant to this subsection shall be subject to any exemption from disclosure provided by section 552 of title 5.

(June 17, 1930, ch. 497, title IV, § 625, as added Pub. L. 95–410, title I, § 112, Oct. 3, 1978, 92 Stat. 898; amended Pub. L. 103–182, title VI, § 623, Dec. 8, 1993, 107 Stat. 2186; Pub. L. 104–295, § 21(e)(14), Oct. 11, 1996, 110 Stat. 3531.)Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–295 made technical amendment to reference in original act which appears in text as reference to “this chapter”.

1993—Pub. L. 103–182 amended section generally. Prior to amendment, section read as follows: “Within 120 days after issuing any precedential decision (including any ruling letter, internal advice memorandum, or protest review decision) under this chapter with respect to any customs transaction, the Secretary shall have such decision published in the Customs Bulletin or shall otherwise make such decision available for public inspection.”

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Study and Report Relating to Timeliness of Prospective Rulings

Pub. L. 107–210, div. A, title III, § 335, Aug. 6, 2002, 116 Stat. 978, required the Comptroller General, not later than 1 year after Aug. 6, 2002, to conduct a study and report to committees of Congress on the extent to which the Office of Regulations and Rulings of the Customs Service had made improvements to decrease the time between requests for, and issuance of, prospective rulings relating to the proper classification, valuation, or marking of goods proposed to be imported into the United States.

Notes of Decisions
Cited in 98 cases (13 in the last 5 years), 1986–2025 · leading case: United States v. Mead Corp., 533 U.S. 218 (2001).
United States v. Mead Corp., 533 U.S. 218 (2001). · cites it 8× “Since ruling letters respond to transactions of the moment, they are not subject to notice and comment before being issued, may be published but need only be made "available for public inspection," 19 U. S. C. § 1625 (a), and, at the time this action arose, could be modified…”
California Indus. Prods., Inc. v. United States, 436 F.3d 1341 (Fed. Cir. 2006). · cites it 34× “Such proceedings were required under 19 U.S.C. § 1625 (c), the court determined, because Customs’ denial of CIP’s claims represented, in the words of that statute, a modification of the favorable “treatment previously accorded by [Customs] to substantially identical transactions.”
Am. Fiber & Finishing, Inc. v. United States, 2015 CIT 117 (Ct. Intl. Trade 2015). · cites it 36× “Plaintiff asserts that Customs violated 19 U.S.C. § 1625 (c)(2) by making an interpretive ruling or decision modifying or revoking a previously accorded treatment of AFF’s goods, reclassifying and rate-advancing them, without the statutorily required notice and comment.”
Motorola, Inc. v. United States, 350 F. Supp. 2d 1057 (Ct. Intl. Trade 2004). · cites it 35× “Customs’ Failure to Publish HQ 961050 in the Customs Bulletin Did Not Violate 19 U.S.C. § 1625 (c) A. Statutory Background Section 1625 of Title 19 of the United States Code sets forth certain measures Customs must take with respect to interpretive rulings and decisions.”
California Indus. Prods., Inc. v. United States, 350 F. Supp. 2d 1135 (Ct. Intl. Trade 2004). · cites it 37× “HI Arguments Plaintiff argues that Customs’ interpretation of 19 U.S.C. § 1625 (c)(2) and the Customs Modification Act (“Mod Act”) is contrary to the law.”
Int'l Custom Prods., Inc. v. United States, 374 F. Supp. 2d 1311 (Ct. Intl. Trade 2005). · cites it 15× “5 Plaintiff requested — among other things — a declaratory judgment that the Notice of Action is null and void because Customs failed to follow its own administrative procedures by revoking or modifying ICP’s ruling other than pursuant to 19 U.S.C. § 1625 (e) (2000). 6 Parties’…”
Sea-Land Serv., Inc. v. United States, 69 F. Supp. 2d 1371 (Ct. Intl. Trade 1999). · cites it 24× “In this case, the movants stipulated to the following facts: (1) Customs issued certain HQ rulings, as enumerated in the pleadings, that have not been revoked, rescinded, amended or noted as a change of practice or position pursuant to 19 U.S.C. § 1625 (a) and 19 C.F.R. § 177.”
S. Shrimp All. v. United States, 617 F. Supp. 2d 1334 (Ct. Intl. Trade 2009). · cites it 29× “For the reasons set forth below, the court grants Defendants’ motion to dismiss and grants Defendant-Intervenors’ motion to dismiss, except that the court denies Defendant-Intervenors’ motion with respect to the sole claim that Defendants do not move to dismiss; that *1340 claim…”
Precision Specialty Metals, Inc. v. United States, 182 F. Supp. 2d 1314 (Ct. Intl. Trade 2001). · cites it 13× “Plaintiff argues that the facts stipulated by the parties require a finding that Customs violated 19 U.S.C. § 1625 (c)(2), by failing to engage in a notice-and-comment process prior to issuing a ruling which reversed Customs’ earlier treatment of 69 similar entries as eligible…”
Am. Bayridge Corp. v. United States, 35 F. Supp. 2d 922 (Ct. Intl. Trade 1998). · cites it 26× “18 and the failure to provide a sixty day grace period to third party importers, pursuant to 19 U.S.C. § 1625 (c). National Lumber and Bldg.”
Int'l Custom Prods., Inc. v. United States, 878 F. Supp. 2d 1329 (Ct. Intl. Trade 2012). · cites it 24× “Having determined that jurisdiction under § 1581® was proper, this Court proceeded to grant a motion by ICP for judgment on the agency record, declaring that the Notice of Action was null and void because it was a “decision” that revoked the Ruling Letter without following the…”
Forest Labs., Inc. v. United States, 403 F. Supp. 2d 1348 (Ct. Intl. Trade 2005). · cites it 13× “HQ 965280 denied Forest Labs’ protest stating that “a clerical error is exempted from the notice, publication, and comment procedures otherwise required for modifications and/or revocations in 19 U.S.C. § 1625 (c).” See id. Subsequently, Forest Labs filed the present action.”
— 19 U.S.C. § 1625(c) — 3 cases
United States v. Mead Corp., 533 U.S. 218 (2001). “Since ruling letters respond to transactions of the moment, they are not subject to notice and comment before being issued, may be published but need only be made "available for public inspection," 19 U. S. C. § 1625 (a), and, at the time this action arose, could be modified…”
Kent Int'l, Inc. v. United States, 2017 CIT 123 (Ct. Intl. Trade 2017).
— 19 U.S.C. § 1625(c)(2) — 1 case
Motorola, Inc. v. United States, 350 F. Supp. 2d 1057 (Ct. Intl. Trade 2004). “Customs’ Failure to Publish HQ 961050 in the Customs Bulletin Did Not Violate 19 U.S.C. § 1625 (c) A. Statutory Background Section 1625 of Title 19 of the United States Code sets forth certain measures Customs must take with respect to interpretive rulings and decisions.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.