Dissemination of Information Product and Elimination of Microfiche

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