HQ 223614: Your ruling request of December 16, 1991, concerningdrawback and confidential treatment of information submitted;Freedom of Information Act; FOIA; 5 USC 552; 19 CFR 177.2(b)(7);19 CFR 177.8(a)(3); 19 CFR 177.6

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 223614

                        December 23, 1991

DRA-4 CO:R:C:E 223614 C

CATEGORY:  Drawback

T.C. Chou
Paramount Citrus Exchange
12233 West Olympic Blvd.
Los Angeles, California  90064

RE:  Your ruling request of December 16, 1991, concerning
drawback and confidential treatment of information submitted;
Freedom of Information Act; FOIA; 5 USC 552; 19 CFR 177.2(b)(7);
19 CFR 177.8(a)(3); 19 CFR 177.6

Dear Ms./Mr. Chou:

     This responds to your letter of December 16, 1991,
requesting a ruling on the applicability of substitution same
condition drawback to your clients's operation.  Therein, you
requested that bracketed information be accorded confidential
treatment in accordance with 19 C.F.R. 177.2(b)(7) and
177.8(a)(3).  You claimed that disclosure of the bracketed
information would cause substantial harm to the parties involved
and would prejudice their future competitive position.  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.  While your letter clearly identifies the information
claimed to be confidential, it fails to sufficiently set forth
the reasons why the disclosure of such information would
prejudice the competitive position of your clients.  Conclusory
allegations of harm are unacceptable.

     Consequently, in order to further process your
confidentiality request, we recommend that you specify, with full
explanation, how the disclosure of the bracketed information
would inure to the competitive disadvantage of your clients. 
While Customs does not ordinarily apply confidential treatment to
names, we will consider any arguments you submit to demonstrate
competitive disadvantage and application of the exemption.  Your
response is required within 30 days of the date of this letter. 
No action will be taken to process your ruling request until this
confidentiality issue is resolved.  If we do not hear from you
within the 30-day period, we will consider your request
withdrawn.

     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
                               Commercial Rulings Division