[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 40075-40076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19423]


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DEPARTMENT OF THE TREASURY

Customs Service
[T.D. 96-59]


Dissemination of Information Product and Elimination of 
Microfiche

AGENCY: U. S. Customs Service, Department of the Treasury.

ACTION: Final notice of new information dissemination.

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SUMMARY: On February 22, 1996, the U.S. Customs Service published a 
document in the Federal Register soliciting comments on providing its 
rulings, future publications and additional information in two new 
formats (CD-ROM and the Internet) with built-in search capabilities and 
``hypertext'' links. In addition, the Customs Service solicited public 
comments on the elimination of one existing format used to supply 
rulings to the public by subscription (microfiche). After analysis of 
the comments received and further consideration, Customs in this 
document announces a decision not to issue CD-ROMS with a search engine 
at this time, advises the public that Customs information will be 
available on the Internet's World Wide Web, effective August 1, 1996, 
and sets October 1, 1996 as the date for elimination of the microfiche.

FOR FURTHER INFORMATION CONTACT:

For the Internet: Karen Hjelmervik, 202-927-0826.
For the microfiche: Thomas Budnik, 202-482-6909.
For the Public CD-ROM: Stuart P. Seidel, 202-482-6900.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with OMB Circular A-130 and Section 2 of the 
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3506(d)), 
Customs published a document in the Federal Register on February 22, 
1996 (61 FR 6892), soliciting comments from the public on (1) the 
dissemination of Customs information by CD-ROM (Compact Disc-read only 
memory); (2) dissemination of information on the Internet; and (3) the 
elimination of microfiche rulings by subscription. A total of 41 
comments were received. Comments were received from importers, law 
firms, accounting firms, Customs brokers, consultants, commercial 
publishers, several trade organizations and a bar association. Some 
comments addressed all three issues, while others only commented on one 
or two of the issues presented. This document summarizes the comments 
received and the decisions reached as a result of those comments.

CD-ROM

    A majority of the comments favored making the information listed in 
the notice available with a search engine in CD-ROM by subscription. 
Some of the comments expressed concern over use of a proprietary search 
engine and suggested that the material be issued in ASCII, WordPerfect 
or DOS text format as well as, or in lieu of, Folio Views. 
This alternative would have made the information available in plain 
text, which could then be converted into other formats by the users. 
These alternative formats could not, however, be linked to other 
documents. One comment suggested issuance of the CD-ROM in the Apple 
Macintosh Folio format. Those who favored issuing a CD-ROM believed 
that it would provide timely information in an easily searchable 
format, thereby meeting the Customs Modernization Act's authorization 
for the Secretary to make available in an efficient, comprehensive and 
timely manner, all information necessary for importers and exporters to 
comply with the Customs laws and regulations. Several comments were 
received which opposed making a CD-ROM with a search engine available 
to the public, because the product would directly compete with 
commercial CD-ROM publishers who had made considerable financial 
investments, and because the CD-ROM proposed by Customs would utilize a 
proprietary format, thereby preventing, or making more difficult, its 
use by commercial publishers of competing products. In addition to the 
written comments, representatives of Customs met with representatives 
of some of the commercial electronic publishers. At this meeting, 
concerns were expressed over Customs direct competition with commercial 
products, subscription costs, proprietary formats and publication 
frequency. Several publishers indicated that Customs proposed CD-ROM 
could put them out of business.

Internet

    Customs also proposed placing its rulings, publications and other 
information of interest to the public on the Internet with hypertext 
links and search capability. Over 20 comments were received in favor of 
this proposal, although two suggested plain text or no search 
capabilities. Only one comment, based on security concerns was received 
in opposition to this proposal. Some commenters suggested that the 
Internet offered a better dissemination capability than the CD-ROM, 
because it was available to more users and could be updated more 
frequently.

Microfiche

    Of the 16 comments received concerning elimination of the 
microfiche rulings, eight favored immediate elimination. Several other 
commenters believed that the microfiche could be eliminated if 
comparable material were made available in electronic media. Several 
commenters suggested that Customs prepare a cumulative index of the 
microfiche ruling numbers and make it available on a closeout 
microfiche and

[[Page 40076]]

electronically, if possible. Some commenters also suggested converting 
the microfiche rulings to electronic format (CD-ROM or Internet) or at 
least making older rulings which are cited in new rulings available 
electronically.

Decisions

    The Customs Service agrees that in accordance with the ``informed 
compliance'' mandate contained in the legislative history of the 
Customs Modernization Act (Title VI, Pub. L. 103-182) the broadest 
dissemination possible should be made of Customs information. However, 
the Paperwork Reduction Act of 1995 (Pub. L. 104-13) and OMB Circular 
A-130, while encouraging electronic dissemination of public 
information, require agencies to encourage a diversity of public and 
private sources for information; not establish restrictive distribution 
arrangements which interfere with timely and equitable availability of 
public information; and consider the effect of competition with 
commercial sources. It appears that there are at least five commercial 
CD-ROM and printed media publishers who provide Customs rulings, 
regulations and other material to the importing public. As a result of 
the comments received, Customs has decided not to make a CD-ROM 
containing its rulings and other information available to the public at 
this time. Customs reserves the right to periodically review this 
decision and monitor the services provided by third party publishers to 
see if the need for public information is being met by their products.
    The Customs Service has decided to go forward with its proposal to 
make information available on the Internet. Accordingly, on or about 
August 1, 1996, members of the public may seek access to Customs 
information by contacting its World Wide Web site at http://
www.customs.ustreas.gov. It is anticipated that the web site offerings 
will include all the rulings available in electronic format (including 
all Headquarters Rulings and New York Rulings previously available on 
diskette), as well as the Customs Regulations, title 19 of the U.S. 
Code, the Harmonized Tariff Schedules, Informed Compliance publications 
and the Valuation Encyclopedia. In addition, the web site would include 
information on Customs organization, importing and exporting, 
enforcement activities, travel information, career opportunities, and 
news releases. Finally, the web site will include an index to all 
rulings previously published on microfiche. All features and 
capabilities may not be immediately available, but will be added over 
the next few months. Customs also invites the public to identify the 
types of materials it would like to see on the web site in the future. 
Suggestions may be submitted to Karen Hjelmervik, Room 2146, U.S. 
Customs Service, 1301 Constitution Ave. NW., Washington, DC 20229.
    Finally, the Customs Service has decided to eliminate the 
microfiche rulings program effective October 1, 1996. However, in order 
to insure that the public has access to older rulings, Customs will 
provide a cumulative index to the microfiche rulings on microfiche 
itself and on the Internet web-site. Customs agrees that when an older 
ruling is cited in a new ruling, the older ruling should be available 
to the public and Customs will try whenever possible to scan or 
otherwise convert such cited rulings to an electronic format, both in 
the diskette rulings and the Internet. In addition, although no new 
rulings microfiches will be made, the previously issued microfiches 
will remain available for purchase for the foreseeable future from the 
Legal Reference Staff, Office of Regulations and Rulings, 1301 
Constitution Avenue, NW. (Franklin Court), Washington, DC 20229.

    Dated: July 25, 1996.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 96-19423 Filed 7-30-96; 8:45 am]
BILLING CODE 4820-02-P