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S. Shrimp Alliance v. United States, No. 08-00394, 2009 WL 1373367 (Ct. Int'l Trade May 15, 2009) (per curiam). Section (a)(1) of the FOIA requires agencies to publish their existing rules of procedure in the Federal Register, but "does not place an independent obligation on [the agency] to formulate and then publish such rules." As plaintiff has only asserted that Customs has not published rules of procedure pertinent to its reconsideration of CDSOA, but does not allege that any "such rules actually exist," plaintiff has no claim under 5 U.S.C. § 552(a)(1).

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