mit to proceed (see § 6.9 (b) of the regulations of this part), the aircraft commander shall not allow any merchandise, baggage, passengers, or crew members not previously cleared by customs or other applicable Government agency to be removed, or to depart from the landing place without permission of a customs officer, the manifest may be signed, departure is necessary for purposes of safety, communication with customs authorities, or the preservation of life, health, or property. As soon as practicable, the aircraft commander, or a member of the crew in charge, or the owner of the aircraft, shall communicate with the customs officer at the intended place of first landing or at the nearest international airport or other customs port of entry in that area and make a full report of the circumstances of the flight and of the emergency or forced landing. When an aircraft carrying precleared crew, passengers and baggage or merchandise lands for any reason at an airport in the United States other than the scheduled or intended port of arrival, written notice must be received from the airline representative or aircraft commander both at the customs office at the place of preclearance and at or for the place of intended landing within seven days, unless notice is otherwise given in accordance with a procedure previously agreed to with the carrier by the collector of customs involved. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service. (Secs. 14, 448, 450, 451, 644, 67 Stat. 516, 46 Stat. 714, as amended, 715, as amended, 761; 19 U.S.C. 1322, 1448, 1450, 1451, 1644) [28 F.R. 14626, Dec. 31, 1963, as amended by T.D. 56181, 29 F.R. 7420, June 9, 1964; T.D. 56288, 29 F.R. 14492, Oct. 22, 1964; T.D. 72-189, 37 F.R. 13976, July 15, 1972]

§ 6.3 Entry and clearance.

(a) Aircraft coming into any area from any place outside the United States shall be entered in such area if landing is made therein and if carrying passengers for hire or commercial cargo (see $ 6.7). Aircraft proceeding from one area into another shall be entered in the latter area if landing is made therein and if carrying residue cargo. Aircraft not required to enter under this paragraph are subject to other customs requirements (see § 6.2).

(b) Entry shall be made by the aircraft commander, or by any other authorized agent of the owner or operator of the aircraft (hereinafter referred to as an authorized person),1a at the international airport at which the first landing is made in the area. If, pursuant to § 6.2 (a), the first landing occurs at a place not an international airport, entry shall be made at the nearest international airport or customs port of entry, unless some other place is designated for that purpose.

(c) Aircraft departing from an area for foreign territory carrying passengers for hire or merchandise, or to take aboard or discharge persons or merchandise anywhere outside the United States or carrying residue cargo from one to another area shall be cleared in the area from which departing. In accordance with provisions of regulations of the Bureau of the Census (15 CFR Part 30), any aircraft not otherwise required to clear which is carrying merchandise from one to another area, or from an area to any possessions of the United States, must obtain permission to depart (see § 6.8 of the regulations of this part). If an aircraft is departing on a flight from the United States and is not required to clear under the preceding provisions of this paragraph, it must, nevertheless, obtain customs clearance if by reason of the foreign destination of the aircraft a validated license from the Bureau of International Commerce is required by § 370.2 of the Export Control Regulations (15 CFR 370.2). Aircraft not under the export licensing authority of the Department of Commerce are subject to the export licensing authority of the Department of State and are specified in Category X in the United States Munitions List (22 CFR Part 121). Such air

1a Section 431, Tariff Act of 1930, as amended (19 U.S.C. 1431): "(b) Whenever a manifest of articles or persons on board an aircraft is required for customs purposes to be signed, or produced or delivered to a customs officer, unless such removal or produced, or delivered by the pilot or person in charge of the aircraft, or by any other authorized agent of the owner or operator of the aircraft shall be liable for any fine or as the Secretary of the Treasury may prescribe. If any irregularity of omission or commission occurs in any way in respect of any such manifest, the owner or operator of the aircraft, subject to such regulations penalty prescribed by law in respect of such irregularity."

craft may depart from the United States only under appropriate Department of State license whether or not subject to clearance under this section.2

(d) The clearance or permission to depart shall be obtained by the aircraft commander or an authorized agent at the customs port of entry (whether or not an international airport) at or nearest the place of last take-off from the area, unless some other place is designated for that purpose by the collector of customs.

(e) This section shall not apply to the entry of aircraft of scheduled airlines complying with the terms of § 6.4 nor to the clearance or departure of such aircraft complying with the terms of § 6.5, nor to the clearance of any aircraft holding a permit issued by the Secretary of Commerce authorizing departure without clearance.

§ 6.4 Entry of aircraft of scheduled airlines.

(a) Aircraft operated by scheduled airlines coming into any area from any place outside the United States shall be entered in the area of first landing.

(b) Aircraft operated by scheduled airlines coming from one area into another area shall be entered therein if carrying residue cargo (§ 6.9).

(c) Entry required by this section in an area shall be made at the place of landing provided for under § 6.2.

§ 6.5 Clearance of aircraft of scheduled airlines.

(a) Aircraft operated by scheduled airline departing for any place outside the United States may clear from the area of departure, but clearance shall be mandatory only during any period covered by a proclamation of the President that a state of war exists between foreign nations, or the aircraft is

2. Information regarding requirements under the regulations of the Departments of Commerce or State for licensing of aircraft departing from the United States, whether for temporary sojourn abroad or for export, may be obtained at any customhouse. Attention is specifically directed to § 371.25, Export Regulations (15 CFR 371.25), which excepts departures of certain United States civil aircraft to certain destinations, including Cuba, from general license GATS, thereby requiring a validated license for such a flight. For licensing procedure for articles enumerated in the United States Munitions List, see 22 CFR Part 123.

(1) Beginning a flight in that area; or (2) Carrying from that area merchandise which must be listed in its general clearance declaration (§ 6.8).

(b) Aircraft operated by scheduled airlines departing from one to another area shall clear in the area from which departing if carrying residue foreign cargo, and, when clearance is not required, if transporting merchandise from one to another area or from an area to possessions of the United States shall obtain permission to depart from the collector of customs when required for the purposes of regulations of the Bureau of the Census (15 CFR Part 30).

(c) Clearance required by this section or permission to depart may be obtained by the aircraft commander or an authorized person at the customs port of entry (whether or not an international airport) at or nearest each place at which merchandise or passengers, or both, are taken aboard for discharge beyond the area. In such case, the clearance, or permission to depart, shall be limited to the passengers and merchandise taken aboard at such place. Otherwise clearance, or permission to depart, shall be obtained at the customs port of entry (whether or not an international airport) at or nearest the place of last take-off in the area unless some other place is designated by the collector of customs.

(a) The forms described in §§ 6.7 and 6.8 shall be the primary documents required for entry and clearance of aircraft. The forms shall be approximately but not to exceed 81⁄2" wide and 14" long and shall be on white bond paper that will not discolor or become brittle within 20 years. If these forms are dittoed or if the entries on them are to be dittoed, the paper must be substance 40, 17" x 22'', 1,000-sheet basis; if printed or typewritten, at least 25 percent rag, substance 26, 17'' x 22'', 1,000-sheet basis. These forms and the entries thereon must be dittoed, typewritten, or printed with ink or dye that will not fade or "feather" within 20 years. The forms to be used for the entry and clearance of the aircraft, passengers, crewmembers, and merchandise carried thereon shall be forms approved by the Commissioner of Customs. If a document or the entries thereon are in a foreign language, a translation in English shall be furnished with the original and with each copy.

1

(b) The customs forms described in §§ 6.7 and 6.8 are in the English language and are obtainable from collectors of customs upon payment by the owner or operator of the aircraft. These forms may be printed or dittoed by private parties, provided the forms so printed or dittoed conform to the official forms currently in use, with respect to size, wording arrangement, style and size of type, and paper specifications. A small quantity of each of the forms shall be set aside by collectors of customs for free distribution and official use.

[28 F.R. 14626, Dec. 31, 1963, as amended by 30 F.R. 9006, July 17, 1965]

§ 6.7 Documents for entry.

(a) At the time any aircraft arriving from outside the areas of the United States lands in an area in which entry is required by § 6.3 or 6.4, the aircraft commander or an authorized person shall deliver an inward general declaration on customs Form 7507, or on a form conforming thereto, and shall show thereon all of the information called for by the official form, unless any of such information is otherwise furnished as provided in this section, and shall I deliver any other applicable documents as specified in this section. If an aircraft proceeds from one to another area of the United States or from one to another port in the same area carrying residue cargo or uncleared passengers, the aircraft commander or an authorized person shall deliver the documents specified in § 6.9 (c) or (d).

(b) Some of the information called for by the official form of inward general declaration may be alternatively furnished as provided herein. Some of the documents specified herein may not be required on a separate sheet or form where it is indicated that the information required on such documents may be included with information on another document or form.

(1) Crew manifest: A crew manifest shall be furnished with the general declaration except upon arrival of an aircraft directly from Canada on a flight originating there in which case merely the total number of crewmembers need be shown on the inward general declaration. The crew manifest shall be furnished by showing the full name (surname, given name and middle initial) of each crewmember in the column headed "Total Number of Crew" on the inward general declaration, or by showing such

names on a separate, appropriately identified document.

(2) Crew purchases: A crew purchase list shall be furnished with the general declaration. Articles entered by crewmembers not required to file crew declarations by paragraph (g) of this section shall be listed opposite the name of the crewmember on the general declaration or on a separate crew purchase list attached thereto. Any articles required by paragraph (g) of this section to be declared on Crew Declaration, customs Form 5123, need not be listed if such crew declarations are securely attached to the general declaration or attached list, and the following statement appears thereon:

Crew purchases as per attached Crew Declarations

In the case of an aircraft arriving direct from Canada on a flight which originated in that country, no crew purchase list shall be required, but any crew declarations shall be attached to the general declaration and the total number thereof shall be shown on the face of the general declaration with the figure for the total number of crew.

(3) A cargo manifest for all cargo on board shall be submitted with the general declaration. The cargo manifest shall be on customs Form 7509 except as otherwise provided in this paragraph.

(i) When Form 7509 is used, the full information called for by the official form shall be shown thereon except that the detailed information about the cargo shipped under air waybills may be furnished by securely attaching to the cargo manifest a copy of each air waybill, by listing the numbers thereof on the manifest, and by noting the statement "Cargo as per Air Waybills Attached" on the manifest.

(ii) Customs Form 5119 may be used as the cargo manifest if there is on board only cargo not exceeding $250 in value which is to be entered on such form.

(iii) Customs Form 7523 may be used as the cargo manifest if there is on board only cargo which may be entered on that form.

(iv) No cargo manifest is required for merchandise, including baggage and stores, arriving from and departing for a foreign country on the same through flight, although any such document on board may be inspected, except that any arms, ammunition, or implements of war

on board which require a license issued by the Secretary of State shall be manifested on every arrival.

(v) On the cargo manifest or on a separate list attached thereto in which case the manifest shall bear the notation "Stores list attached," there shall be shown all alcoholic beverages, tobacco products, narcotic drugs, and bonded or foreign merchandise arriving as stores as well as all equipment of a type requiring a license as specified in subdivision (iv) of this subparagraph.

(vi) In the case of aircraft of scheduled airlines, domestic supplies and equipment not subject to license (unless subject to a duty equal to any internalrevenue tax from which such articles were previously excepted) and any fuel need not be included in the stores list if the statement "Domestic supplies and equipment and fuel for immediate flight only, except as noted" is noted on the cargo manifest or separate stores list attached thereto.

(vii) Unaccompanied baggage arriving in the United States under a check number from any foreign country by air shall be shown on the cargo manifest in columns under the following headings: Description of package

Where Destinafrom tion

Check No. On the right of the foregoing columns two blank columns, one headed "Name of examining officer" and on the right thereof another headed "Disposition," shall be provided on the cargo manifest for use of customs officers. Unaccompanied unchecked baggage arriving as air express or freight shall be manifested as other air express or freight.

(c) One copy of the general declaration and one copy of each attached manifest shall be delivered by the aircraft commander or an authorized person immediately to the customs officer in charge at the airport or other place of arrival.

(d) The provisions of section 466, Tariff Act of 1930, as amended (19 U.S.C. 257, 258), are applicable to any aircraft of United States registry engaged in trade and arriving in the United States, as defined in section 401(k), Tariff Act of 1930, as amended (19 U.S.C. 1401 (k)), whether from a contiguous or noncontiguous foreign country, and a notation as to any equipment installed on, or repairs made to, any such aircraft in a foreign country shall be made in the air

craft journey log book, which shall set forth a general description of the equipment or repairs and a statement of any necessity therefor. The aircraft commander or an authorized person, on the first subsequent arrival of the aircraft in the United States, shall exhibit the journey log book to the customs officer at the place of arrival. A declaration on customs Form 3415, to the effect that no equipment was purchased, or repairs made, in a foreign country, shall not be required in any case for any such aircraft. Except as specified hereafter in this paragraph, any such equipment purchased or repairs made shall be subject to entry and deposit of duty as prescribed by § 4.14 of this chapter, but the following may be added to the entry in lieu of the filing of customs Form 3415:

This entry contains a complete account of the equipment purchased for and the repairs made to the within-mentioned aircraft during the flight covered hereby, together with the cost of such equipment and the expenses of such repairs (including the cost of installation of equipment and the cost of repair parts and material used). Application is hereby made for the ascertainment of the amount of duty due under section 466, Tariff Act of 1930, as amended.

(e) The filing of customs Form 3415 and entry and deposit of duty for equipment purchased for or repairs made to an aircraft belonging to a scheduled airline or to an air carrier generally authorized to operate contract passenger or cargo flights and operating between the United States and foreign territory shall not be required if (1) such equipment or repairs were made necessary by reason of stress of weather or other casualty occurring since the aircraft last left the United States and were required to secure the safety and airworthiness of the aircraft in accordance with Federal Aviation Agency regulations to enable the aircraft to continue its flight; or such equipment installed and materials used in making the repairs were of the growth, produce, or manufacture of the United States and the work incident to such installation or repairs was performed by the regular crew of the aircraft or by residents of the United States, (2) the following statement is included on the general declaration or attached cargo manifest:

Entry for equipment purchased or repairs made to this aircraft while in a foreign country not required under section 6.7(e) of the Customs Regulations.

and (3) the collector is satisfied from an inspection of the journey log book and such further investigation as he may deem necessary that the facts with respect to the installation of the equipment and making of repairs were as set forth in subparagraph (1) of this paragraph.

(f) The provisions of section 446, Tariff Act of 1930 (19 U.S.C. 1446), relating to supplies and stores retained on board, shall be applicable to aircraft arriving in the United States from any foreign port or place.

(g) [Reserved]

(h) The provisions of sections 440 2a and 584 2, Tariff Act of 1930, as amended, relate, respectively, to post entry for correction of, and to penalties for falsity or lack of, a manifest. Those provisions are applicable to aircraft arriving from a place outside the United States with merchandise and unaccompanied baggage for which a manifest is required to be filed. The time limitations and the requirements for notification set forth in § 4.12 of this chapter with respect to the correction of vessel manifests are applicable to the correction of aircraft manifests. Post entry to add to a manifest any merchandise omitted from, or which does not agree with, the manifest may be made by the airline on a separate copy of the cargo manifest form marked or stamped "Post Entry." Correction of a manifest to delete merchandise not found on board the aircraft at the time of arrival may be made by submission of a separate copy of the cargo manifest form marked or stamped "Shortage

2a "If there is any merchandise or baggage on board such vessel which is not included in or which does not agree with the manifest, the master of the vessel shall make a post entry thereof, and mail or deliver a copy to such employee as the Secretary of the Treasury shall designate and for failure so to do shall be liable to a penalty of $500." (Tariff Act of 1930, sec. 440, as amended; 19 U.S.C. 1440.)

2b"

** if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle shall be subject to a penalty of $500: Provided, That if the collector shall be satisfied that the manifest is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred.

*." (Tariff Act of 1930, sec. 584, as amended; 19 U.S.C. 1584.)

Declaration." Such copies shall list the merchandise involved, state the reasons for the discrepancy, and bear a signed declaration of the aircraft commander or an authorized agent reading, "I declare to the best of my knowledge and belief that the overages or shortages described herein occurred for the reasons stated. I also certify that evidence to support a claim of nonimportation of the merchandise, proper disposition elsewhere or other corrective action will be retained in the carrier's files for a period of at least 1 year and will be made available to Customs on demand." If a copy of the cargo manifest is not so used, Customs Form 5931 shall be used for corrections of the manifest. Unless the required notification and explanation are made timely and the district director is satisfied that the discrepancies resulted from clerical error or other mistake and that there has been no loss to the revenue (and in the case of a discrepancy not initially reported by the master or agent that there was a valid reason for the failure to so report), applicable penalties under section 584, Tariff Act of 1930, as amended, shall be assessed. For the purpose of assessing such penalties, the value of the merchandise shall be determined as prescribed in § 23.12 of this chapter. The fact that the aircraft commander or owner had no knowledge of a discrepancy shall not relieve him from the penalty.

(Sec. 644, 46 Stat. 766 sec. 1109, 79 Stat. 799; 19 U.S.C. 1644, 49 U.S.C. 1509) [28 F.R. 14626, Dec. 31, 1963, as amended by T.D. 71-22, 36 F.R. 1057, Jan. 22, 1971; T.D. 73-27, 38 F.R. 2449, Jan. 26, 1973]

§ 6.8

Documents for clearance, or for certain departures.

(a) At the time of departure of any aircraft from any area from which clearance is required by § 6.3 or 6.5, the aircraft commander or an authorized person shall deliver to the customs officer in charge an outward general declaration and a cargo manifest and shipper's export declarations on Commerce Form 7525-V for all cargo on the aircraft (also for the aircraft itself if it is being exported from the United States for foreign account). Shipper's export declarations and any required cargo manifest may be filed pro forma if the aircraft is departing from the United States and prior to departure a proper bond is given, in which case the completed shipper's export declarations and