Issue 335, March 19, 2002
The February 14, 2001 issue of the "The Danzas AEI Resource" explained how importers can retrieve their Customs Account Activity profile via the Freedom of Information Act (FOIA), and the value of doing so (**see note below). Today's article will reveal the business sensitive information that is available to the public about your company's international trade transactions and what you can do to keep some of that information confidential.

Customs law allows certain information contained on vessel and aircraft manifests to be made available for public disclosure. Some of the items subject to disclosure are: 1) the names and addresses of consignees, shippers and notify parties; 2) the general description of the goods; 3) the number of packages, piece count and gross weight; 4) the seaport or airport of lading and unlading; 5) the carrier code, vessel country, vessel name, voyage number and estimated arrival date; and, 6) the container and seal number.

What can importers and exporters do to protect against competitors getting this information that, by the way, is made available to the general public either by subscription services or a specific FOIA request? The law provides that the disclosure of some of this information can be suppressed if a written request for confidential treatment is submitted to the Customs Service. Not all manifest information, however, is entitled to confidential treatment. The Customs Service will honor a party's request for such treatment to the extent of protecting from disclosure the names and addresses of the shippers, consignees and notify parties, as well as all marks and numbers that might disclose the identity or address of such parties. A request for confidential treatment can be tailored to cover information contained on a company's inward and outward manifests.

Customs will honor a party's request for confidentiality if it complies with the regulations regarding the process of requesting such protection. An importer or a consignee can request confidential treatment for inward manifests, while the shipper may request confidential treatment on outward transactions. The grant of confidentiality is good for two years, covers all ports of entry, and will lapse if not renewed in a timely manner. If you have questions regarding this issue, you are invited to contact the author below).

Our contributing writer, F.D. "Rick" Van Arnam, is a Partner at the international trade and Customs law firm of Barnes, Richardson & Colburn in New York, and can be reached via email or at (212) 725-0200 .

Please note that due to the complex nature of the subject matter, DHL Danzas Air & Ocean cannot be responsible for actions taken by the reader in reliance on the information contained herein without prior consultation with DHL Danzas Air & Ocean.