§ 122.102 19 CFR Ch. I (4–1–01 Edition)
(a) Submit their baggage to Customs and thereafter by air or surface move- for inspection; or ment to the port of destination. (b) Arrange with the importing car- (d) Transit air cargo manifest. ‘‘Transit rier for the baggage to be processed air cargo manifest’’ is used in this sub- under regular in-transit procedures. part as the shortened title for the transportation entry and transit air When passengers choose not to have ac- cargo manifest. cess to their baggage while in the U.S., the baggage shall be listed on the Air § 122.113 Form for transit air cargo Cargo Manifest as provided in § 122.48. manifest procedures. § 122.102 Inspection of baggage in A manifest on Customs Form 7509 is transit. required for transit air cargo, as pro- vided in § 122.48(c) of this part. The (a) General baggage in transit may be words ‘‘Transportation Entry and inspected upon arrival, while in tran- Transit Air Cargo Manifest’’ shall be sit, and upon exportation. Carriers printed, stamped or marked on the shall present in-transit baggage for in- form and on all copies of the form re- spection at any time found necessary quired for transit air cargo movement. by the port director. (b) In-transit baggage shall be pre- § 122.114 Contents. sented to a Customs officer for inspec- (a) Form duplicates original manifest. tion and clearance before the baggage Each transit air cargo manifest shall can be delivered to a passenger while in be a duplicate of the sheet presented as the U.S. part of the cargo manifest for the air- craft on which the cargo arrived in the Subpart L—Transit Air Cargo U.S. Manifest (TACM) Procedures (b) Shipments shown on manifest—(1) Country of exportation. Each transit air § 122.111 Application. cargo manifest sheet may list: Cargo (including manifested baggage) (i) Only air cargo shipments from one which arrives and is transported under exporting country, with the name of Customs control in, through, or from, the country shown in the heading; or the U.S. may be transported in bond (ii) Air cargo shipments from several under this subpart. If cargo is not exporting countries, with the name of transported under this subpart, it shall the exporting country shown in the be transported under other provisions ‘‘Nature of Goods’’ column. of this chapter. (See subparts I and J of (2) Shipment to same port. Each transit this part, and parts 18 and 123 of this air manifest sheet may list only those chapter.) shipments manifested by way of the port of arrival for: § 122.112 Definitions. (i) The same Customs port of destina- tion; The following definitions apply in (ii) The same Customs port for later this subpart: exportation; or (a) Transit air cargo. ‘‘Transit air (iii) Direct exportation from the port cargo’’ is cargo, including manifested of arrival. baggage, transported under the re- (c) Information required. Each air quirements of this subpart. cargo manifest sheet shall show: (b) Port of arrival. The ‘‘port of ar- (1) The foreign port of lading; rival’’ is the port in the U.S. where im- (2) The date the aircraft arrived at ported cargo must be documented for the port of arrival; further transportation under this sub- (3) Each U.S. port where Customs part. services will be necessary due to tran- (c) Transfer or transferred. ‘‘Transfer sit air cargo procedures; and or transferred’’ means the change of (4) The final port of destination in documentation of cargo to transit air the U.S., or the foreign country of des- cargo for transportation. The terms tination, for each shipment. The for- also include the physical movement of eign country destination shown on the the cargo from one carrier to another, manifest must be the final destination,
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as shown by airline shipping docu- shall be given. The receipt shall be ments, even though airline transport made by the airline responsible for may be scheduled to end before the transport or export within the general shipment arrives at the final destina- order period (see § 122.50). tion. (2) Contents. The receipt shall appear (d) Corrections. If corrections in the on each copy of the transit air cargo route shown on the original manifest manifest, clearly signed and dated if for the cargo are required at the port of required, in the following form: arrival to make a manifest sheet work- able as a transit air cargo manifest, Received the cargo listed herein for deliv- ery to Customs at the port of destination or the director of the port of arrival may exportation shown above, or for direct expor- allow the corrections. tation. § 122.115 Labeling of cargo. llllllllllllllllllllllll Name of carrier (or exporter) A warning label, as required by llllllllllllllllllllllll § 18.4(e) of this chapter, shall be at- Attorney or agent of carrier (or exporter) tached to all transit air cargo not di- llllllllllllllllllllllll rectly exported from the port of arrival Date before the cargo leaves the port of ar- rival. (c) Responsibility for transit air cargo— (1) Direct exportation. The responsibility § 122.116 Identification of manifest of the airline exporting transit air sheets. cargo for direct exportation begins When the original cargo manifest for when a receipt, as provided in para- the aircraft on which the cargo arrives graph (b) of this section, is presented is presented by the aircraft commander to Customs. or its authorized agent at the port of (2) Other than direct exportation. When arrival, a manifest number will be the transit air cargo is not for direct given to the aircraft entry documents exportation, the responsibility of the by Customs. The number given shall be airline receiving the cargo begins when used by the airline to identify all cop- a receipt, as provided in paragraph (b) ies of the transit air cargo manifest. of this section, is presented to Cus- All copies of the manifest shall be cor- toms. rectly numbered before cargo will be (3) Carting. When carting is used to released from the port of arrival as deliver transit air cargo to receiving transit air cargo. airlines, the importing airline is re- sponsible for the cargo under its own § 122.117 Requirements for transit air bond until a receipt is filed by the re- cargo transport. ceiving airline. This does not apply (a) Transportation—(1) Port to port. when the carting is done under part 112 Transit air cargo may be carried to an- of this chapter, at the expense of the other port only when a receipt is given, parties involved. as provided in paragraph (b) of this sec- (4) Importing airlines. An importing tion. The receipt may be given only to airline which has qualified as a carrier an airline which: of bonded merchandise, whether reg- (i) Is a common carrier for the trans- istered in the U.S. or a foreign area, portation of bonded merchandise; and may: (ii) Has the required Customs bond on (i) Give a receipt for the air cargo; file. (ii) File an appropriate bond; and (2) Exportation from port of arrival. (iii) Deliver the cargo to an author- Transit air cargo may be exported from ized domestic carrier for in-bond trans- the port of arrival only if covered by a portation from the port of arrival. The bond on Customs Form 301, containing importing carrier’s bond covers the the bond conditions set forth in sub- transportation. part G of part 113 of this chapter, as (d) Split shipments. A receipt shall be provided in § 18.25 of this chapter. given by one airline for all of the cargo (b) Receipt—(1) Requirements. When shipments listed on one transit air air cargo is to move from the port of cargo manifest sheet. Cargo shipments arrival as transit air cargo, a receipt so listed shall be transported from the
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port of arrival on one aircraft or car- listed on one aircraft transit air cargo rier unless the use of more than one manifest sheet may be directly ex- aircraft or carrier would be allowed: ported on different aircraft of the ex- (1) By § 122.92(d) under a single com- porting airline. If this occurs, two addi- bined entry and manifest; tional copies of the transit air cargo (2) By § 122.118(d); or manifest shall be filed for each ship- (3) By § 122.119(e), permitting the use ment or group of shipments trans- of a surface carrier for transport. ported in other aircraft. Each copy of Otherwise, all shipments on the transit the transit air cargo manifest shall be air cargo manifest shall be separately clearly marked to show which ship- documented and transported under the ment or shipments listed are covered regular procedures for transportation by the manifest copy. of merchandise in bond (See subpart J). (e) Direct export by another airline. If [T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as shipments listed on one transit air amended by T.D. 98–74, 63 FR 51289, Sept. 25, cargo manifest sheet are not exported 1998] from the same port on the same air- line, separate export entries on Cus- § 122.118 Exportation from port of ar- toms Form 7512, as required by § 18.25 of rival. this chapter, shall be filed. (a) Application. Transit air cargo may (f) Post entered air cargo. Air cargo be transferred for exportation from any not listed on the manifest (i.e., over- port of arrival under this section. The ages) which has been post entered port director may require any super- under § 122.49(b) may be exported from vision necessary to enforce the regula- the port of origin under this subpart. If tions of other Federal agencies. this occurs, four copies of the air cargo (b) Time. Transit air cargo shall be manifest, Customs Form 7509, marked exported from the port of arrival with- ‘‘Post Entry’’, shall be provided. All re- in 10 days from the date the exporting quirements of § 122.44(b) shall be fol- airline receives the cargo. After the 10- lowed in using this procedure. day period, the individual cargo ship- (g) Review. The review copy of the ments must be made the subject of in- transit air cargo manifest sheets must dividual entries, as appropriate. be reviewed by Customs as required for (c) Transit air cargo manifest copies. the carrier manifest copy in § 122.120(g). Three copies of the transit air cargo The reviewing officer shall take the manifest shall be filed with Customs. proper action if a license is necessary (1) Review copy. The importing airline for any cargo. The exporting airline shall file a copy of each transit air shall be notified that any transit air cargo manifest sheet covering any cargo which is not covered by the re- cargo shipment that will be transferred quired license must be placed under for direct exportation. This filing shall constructive Customs custody in a spe- be made as soon as the exporting air- cial area of the airline’s terminal until line has been chosen. The exporting the license is obtained. airline need not give receipt on the re- view copy for the cargo to be trans- § 122.119 Transportation to another ferred, but the name of the exporting U.S. port. airline shall be placed on the copy. (a) Application. Air cargo shipments (2) Exportation copy. The exportation may be transferred for transportation copy shall be filed by the exporting air- as transit air cargo from the port of ar- line when clearance documents are pre- rival to another port in the U.S. under sented to Customs. this section. The director of the port of (3) Clearance copy. The clearance copy arrival may require Customs super- shall be filed with the exporting air- vision of the transfer. craft’s clearance documents. (b) Time. Transit air cargo traveling The exportation and clearance copies to a final port of destination in the shall show the exporting airline’s re- U.S. shall be delivered to Customs at ceipt for the cargo, aircraft number, its destination within 15 days from the flight number, and the date. date the receiving airline gives the re- (d) Direct export on different aircraft. ceipt for the cargo at the port of ar- Transit air cargo shipments which are rival.
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(c) Transit air cargo manifest copies. (4) The requirements of § 122.114(b) Four copies of the transit air cargo must be followed. manifest, including a carrier manifest [T.D. 88–12, 54 FR 9292, Mar. 22, 1988; T.D. 00– copy, shall be filed by the airline giv- 22, 65 FR 16518, Mar. 29, 2000] ing a receipt for moving the cargo ship- ments to their destination. The permit § 122.120 Transportation to another copy is used and kept by Customs at port for exportation. the port of arrival. (a) Application. Air cargo may be (d) Failure to deliver on time—(1) Proce- transferred as transit air cargo at the dure. If transit air cargo does not ar- port of arrival for transportation to an- rive at the destination port on time, other port in the U.S. and later expor- the director of the port of arrival shall tation under this section. take action as provided in §§ 18.6 and (b) Supervision—(1) From port of arrival 18.8 of this chapter. The amount of to exportation port. The director of the duty and tax shall be decided at the port of arrival shall order any super- port of arrival on the basis of informa- vision found necessary for the transfer tion: of transit air cargo for transportation (i) On the permit copy kept at the to another port for export. port of arrival; and (2) At exportation port. Customs shall (ii) Obtained from the carriers as nec- be notified far enough in advance to be essary. able to make any required supervision The director of the port of arrival shall of the lading of cargo, and to enforce notify the airline that presented a re- any other Federal agency require- ceipt for the cargo that there has been ments, when transit air cargo is ready a failure to deliver. for lading on the exporting aircraft. (2) Responsibility of airline. When the (c) Time. Transit air cargo covered by airline that presented a receipt for the this section shall be delivered to Cus- cargo receives notice of discrepancies, toms at the port of exportation within the airline shall answer within 90 days 15 days from the date of receipt by the of the date of such notice to the direc- forwarding airline. tor of the port of arrival. The answer (d) Transit air cargo manifest copies. shall provide any information or docu- Five copies of the transit air cargo ments related to the value and descrip- manifest shall be filed with Customs. tion of the cargo involved that the (1) Port of arrival. Two copies of the receipting airline and the importing transit air cargo manifest, marked sep- airline can produce. arately as ‘‘permit’’ and ‘‘control’’ cop- (e) Surface movement to port of destina- ies, shall be filed with Customs at the tion. If an aircraft arrives at the port of port of arrival. Filing shall be made arrival with cargo to be carried as when the arriving aircraft enters, or transit air cargo, the cargo may be before the general order period ends, by transferred to another carrier for sur- the airline which presents a receipt to face movement to the port of destina- transport the cargo from the port of ar- tion. The transfer is allowed under the rival to the port of destination. following conditions: (2) Port of exportation. Three copies of (1) The bond of the party receiving the transit air cargo manifest shall be the cargo for surface movement must filed at the port of exportation. cover the transfer and surface move- (i) Carrier manifest copy. The carrier ment; manifest copy shall be attached to the (2) The description of the cargo on listing of cargo shipments and sub- the transit air cargo manifest must be mitted when the cargo arrives at the complete; exportation port. (3) The entire shipment listed in the (ii) Exportation and clearance copies. transit air cargo manifest must be Two copies, marked separately as ‘‘ex- shipped from the port of arrival to the portation’’ and ‘‘clearance’’ copies, port of destination by the same surface shall be filed with Customs at the ex- carrier; and portation port.
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(e) Delivery to exporting airline. When one transit air cargo manifest sheet is the transit air cargo arrives at the ex- not laden for exportation from the portation port, it may be delivered di- same U.S. airport by the same airline, rectly to the exporting carrier, to- then separate entries on Customs Form gether with the exportation and clear- 7512 are required for each cargo ship- ance copies. The name of the exporting ment listed: carrier shall be clearly noted on the (1) For transportation and expor- carrier manifest copy, which shall then tation under subpart J of this part; or be delivered to Customs. (2) For direct exportation under (f) Storage by exporting airline. The ex- porting carrier shall keep all cargo § 18.25 of this chapter. listed on the transit air cargo manifest (j) Cargo laden on more than one air- in one storage space. This storage craft of same airline. When any cargo space shall be separate from the area in shipment listed on the same transit air which special shipments which require cargo manifest must be exported on a license under paragraph (g) of this more than one aircraft of the same air- section are stored. line, § 122.118(d) applies. (g) Export license—(1) Review. A Cus- (k) Failure to deliver. If all or part of toms officer shall review the carrier the cargo listed on the transit air manifest copy of the transit air cargo cargo manifest is not accounted for manifest to make sure that the export with an exportation copy within 40 licensing requirements of other Fed- days, the director of the port of arrival eral agencies have been followed. shall take action as provided in (2) Information inadequate. If the § 122.119(d). manifest information is not enough for Customs to determine that a license or [T.D. 88–12, 53 FR 9292, Mar. 25, 1988, as other requirement applies, then the amended by T.D. 98–74, 63 FR 51289, Sept. 25, transit air cargo shall be checked by 1998; T.D. 00–22, 65 FR 16518, Mar. 29, 2000] examination, or by inspection of the air waybills or attached invoices. Subpart M—Aircraft Liquor Kits (3) When license or other requirement applies. The exporting airline shall be § 122.131 Application. notified at once if Customs finds that the shipment cannot be exported with- (a) Liquor and tobacco. Subpart M ap- out a license or other approval. The plies to: shipment shall then be put under con- (1) Duty-free and tax-free liquor and structive Customs custody in a special tobacco; and area set aside for the shipment in the (2) Duty-paid and tax-paid liquor and exporting airline’s cargo terminal. tobacco which has been placed in the (h) Filing of exportation and clearance same liquor kit as duty-free and tax- copies—(1) Information. When filed with free liquor and tobacco. Customs, the exportation and clear- (b) Aircraft. Subpart M applies to all ance copies of the transit air cargo commercial aircraft on domestic or manifest shall each show: foreign flights operating into, from and (i) The aircraft number; between U.S. airports, which are car- (ii) The aircraft flight number; and rying: (iii) The date. (1) Duty-free and tax-free liquor and (2) Filing. The exporting airline shall file the exportation and clearance cop- tobacco withdrawn from bond under ies before the aircraft that carries the section 309, Tariff Act of 1930, as transit air cargo departs. The clear- amended (19 U.S.C. 1309); or ance copies shall be grouped together (2) Other liquor or tobacco on which and not mixed in with other outward duty or taxes have not been paid. manifest sheets. The exportation cop- This includes any aircraft carrying ies shall be grouped together, and kept duty-free and tax-free liquor under 19 separate from the outward clearance U.S.C. 1309, or other Federal law, al- documents. though the aircraft is not required to (i) Cargo not laden at same airport by enter, clear or report arrival. same airline. If all the cargo listed on
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