HQ 223900: Your letter of April 16, 1992, concerning administration ofthe laws and regulations pertaining to brokers; privileged orconfidential information; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3)

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 223900

                          May 26, 1992

BRO-3-05 CO:R:C:E 223900 C

CATEGORY:  Entry/Liquidation

Charles Laber
781 Stanford Lane
Carol Stream, IL  60188

Re:  Your letter of April 16, 1992, concerning administration of
the laws and regulations pertaining to brokers; privileged or
confidential information; 19 CFR 177.2(b)(7); 19 CFR 177.8(a)(3)

Dear Mr. Laber:

     This responds to the referenced letter, requesting a ruling
on the applicability of the broker laws and regulations to the
therein described situation.  In addition, you requested that the
identity of the requesting party be accorded confidential
treatment in accordance with 19 C.F.R. 177.2(b)(7) and
177.8(a)(3).  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.  Your letter is not clear on the identity of the
"requesting party" and it fails to sufficiently set forth the
reasons why the disclosure of such information would prejudice
its competitive position.  Conclusory allegations of harm are
unacceptable.

     In view of your instruction to treat this ruling request as
withdrawn if we cannot grant confidentiality, we are closing this
case with the issuance of this letter.  If you should decide to
submit argument as to why your confidentiality request should be
granted, please respond to that effect within 30 days of the date
of this letter.  Specify, with full explanation, how disclosure
of the requesting party's identity would inure to its competitive
disadvantage.  While Customs does not ordinarily apply
confidential treatment to names, we will consider any arguments
you submit to demonstrate competitive disadvantage and
applicability of the exemption.  (Please reference the six digit
file number in the upper right corner of page one.)

     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 Branch