(3) Civil aircraft of domestic origin registered in the United States and arriving from a foreign country with passengers carried for hire or merchandise, after proper customs treatment of all such passengers and merchandise, may be allowed to proceed upon their identity being established. Civil aircraft of foreign origin registered in the United States and arriving from a foreign country in international traffic shall be subject to the following provisions:

(i) If such aircraft has been entered as an imported article and duty has been paid on a previous arrival, it may be permitted to proceed otherwise than as an imported article upon a declaration by the aircraft commander identifying the port, date, and number of the dutypaid entry filed upon such previous arrival.

(ii) If such aircraft has not been entered as an imported article subject to duty, in addition to any other documents required in connection with a flight in continuation of the international traffic, it shall proceed under a permit on customs Form 4449 which shall specifically identify the aircraft number, country of manufacture, name of the manufacturer, flight number, port, and date of arrival for the flight on

which it arrived in the United States, and action shall be taken thereon as specified in subparagraphs (1) and (2) of this paragraph. It shall proceed without being treated as an imported article only if it is in continuous use solely in international traffic or use incidental thereto and will depart from the United States to a destination outside thereof in international traffic or in ballast. If such aircraft which has not been entered as an imported article is withdrawn from international traffic or diverted in the United States to a use other than international traffic or use incidental thereto, it shall be subject to entry as an imported article and dutiable at the rate in effect at the time of withdrawal or diversion.1

[Subparagraph (3) amended, T.D. 55487, 26 F.R. 9550, Oct. 10, 1961]

1 The Bureau of Customs made the following ruling on the status of foreign aircraft wrecked while engaged in international traffic: "If the accident results in substantial demolition of the aircraft, no entry is required and no duty accrues with respect to any portion of the wreckage. If the accident does not result in substantial demolition of the aircraft, and all salvageable portions and parts of the wrecked aircraft are exported, the aircraft is not considered to have been withdrawn from international traffic so as to subject the aircraft as a whole or any portion or part thereof to regular customs entry and duty as imported merchandise. However, if the accident does not result in substantial demolition of the aircraft and the wrecked aircraft or any salvageable portion or part thereof is not exported, an entry is required for the retained damaged aircraft, or salvageable portion or part, as the case may be, and duties will be assessed thereon in accordance with its condition immediately after the casualty." T.D. 55063(1), March 4, 1960.

(c) Aircraft departing from any 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 departing from any area for another area carrying merchandise destined to or through Puerto Rico or residue cargo shall be cleared (see § 6.8) in the area from which departing. However, an aircraft departing on a flight from the United States and not required to clear under the provisions of the preceding sentence, must, nevertheless, obtain customs clearance if by reason of the foreign destination of the aircraft a validated license from the Bureau of Foreign Commerce is required by § 370.2 of the Export 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 aircraft may depart from the United States only under appropriate Department of State license whether or not subject to clearance under this section.2

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.

10, 1961, and paragraph (c) and footnote “2” appended thereto were amended, T.D. 55354, 26 F.R. 2966, Apr. 7, 1961.

§ 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 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, cus

toms 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:

(g) Crew baggage declarations required by § 10.22 (b) of this chapter shall be filed by the officers and members of the crew of aircraft arriving from contiguous or noncontiguous foreign territory. A crew member may be permitted to make an oral declaration and entry if all articles he has to declare, in addition to articles for which no entry is required in accordance with § 23.4 (c) of this chapter, may be admitted free of duty under section 321(a) (2) (B) of the Tariff Act of 1930, as amended. Written declarations may be required in any case if necessary to effect prompt and orderly clearance of crew members and their effects or if deemed necessary to protect the revenue. A nonresident crewmember leaving an aircraft to travel as a passenger or crewmember on another carrier which will take him to a place outside the United States and who desires to take with him to such place articles not exceeding $200 in value accompanying him for which he seeks free entry under paragraph 1798 (b) (4) of the Tariff Act of 1930, as amended, shall follow the procedure set forth in section

10.22(d)

of these regulations. When such a nonresident crewmember has any articles which he will claim as bona fide gifts under paragraph 1798(b) (2) of such act, he must follow the procedure for declaring such gifts set forth in § 10.22(e) of the regulations of this chapter.

CODIFICATION: Paragraph (g) was amended as follows:

1. The fourth sentence was added by T. D. 55354, 26 F.R. 2779, Apr. 4, 1961. Subsequently, the reference "paragraph 1798(b) (3)" appearing in the fourth sentence was changed to "paragraph 1798(b) (4)" by T. D. 55579, 27 F.R. 2285, Mar. 9, 1962.

2. The last sentence was added by T. D. 55579, 27 F.R. 2285, Mar. 9, 1962.

As so amended, paragraph (g) is set forth above in its entirety.

2b

28

(h) The provisions of section 440' and 584, 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.

An incorrect cargo manifest shall be corrected promptly. Post entry to add to a manifest any merchandise or unaccompanied baggage 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." If not made on such a copy, a post entry shall be prepared by the airline on customs Form 5931, appropriately modified including deletion of the applica

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. 8. 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.)

tion to make post entry. A post entry shall be signed by the aircraft commander or an authorized person. Correction of a manifest to delete merchandise and unaccompanied baggage not on board the aircraft at the time of arrival may be made by submission of a separate copy of the cargo manifest form listing the merchandise and unaccompanied baggage not found, together with the reasons for the shortage. If not made on such a copy, an appropriately modified Form 5931 shall be used by the airline to make such corrections. The copy of the cargo manifest form or modified Form 5931 shall bear a signed declaration of the aircraft commander or an authorized person reading, "I declare to the best of my knowledge and belief that the shortage of merchandise described herein was not landed at this port for the reasons stated." [Paragraph (h) amended, T.D. 55436, 26 F.R. 6766, July 28, 1961]

§ 6.8

Documents for clearance.

(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 the completed cargo manifest are to be delivered pursuant to the bond not later than the fourth day after departure: Provided, That, during any period covered by a proclamation of the President that a state of war exists between foreign nations, no aircraft shall be cleared for a foreign destination until the shipper's export declarations and completed cargo manifest shall have been filed with the customs officer in charge: And provided further, That no aircraft shall be cleared until the completed cargo manifest and all required shipper's export declarations have been filed with the customs officer in charge if the aircraft is departing on a flight from the United States directly or indirectly to Poland

(including Danzig), a country or other destination in Subgroup A as specified in the Export Regulations (15 CFR 371.3), Cuba, Hong Kong, or Macao, unless clearance is authorized by the Commissioner of Customs.

(b) The outward general declaration shall be on customs Form 7507. Any cargo manifest required with such declaration shall be on customs Form 7509. The full information required by the official forms shall be shown thereon except as otherwise provided in this paragraph.

(1) In the case of shipments on an air waybill, a copy of each such document may be attached to the cargo manifest, the numbers of such air waybills listed in the body of the manifest, and the statement "Cargo as per Air Waybills Attached" noted on the manifest.

(2) On direct departures only, for shipments requiring a shipper's export declaration a copy of each export declaration may be attached to the cargo manifest. In such case the numbers of such declarations shall be listed on the cargo manifest in the column for air waybill numbers, and the statement "Cargo as per Export Declarations Attached" noted on the manifest.

(c) When the aircraft is departing directly from the United States, the general declaration required by this section shall be prepared in duplicate, with a single copy of each cargo manifest. In the case of clearance of a scheduled aircraft at an interior port two copies of each cargo manifest for cargo there laden are required if the aircraft is proceeding to another port before departure from the United States for a place outside thereof. For each shipment to be exported under an entry or withdrawal for exportation or for transportation and exportation, the outward manifest or the airway bill or consignment note attached to the manifest and made a part thereof shall clearly show for such shipment the number, date, and class of such customs entry or withdrawal (i.e. T. & E., Wd. T. & E., I.E., Wd. Ex., or Wd. T., as applicable) and the name of the port where the entry or withdrawal was filed if other than the port where the merchandise is laden for exportation. One copy of the general declaration and each air cargo manifest shall be delivered by

the aircraft commander or an authorized person to the customs officer in charge to be retained by him as a record of outward clearance.

(d) One copy of the general declaration for departure from the United States shall constitute a clearance certificate when endorsed by the customs officer in charge to show that clearance is granted. When a scheduled aircraft obtains clearance at a port other than the port at or nearest the place of last take-off, a copy of the cargo manifest shall be attached to and accompany the general declaration endorsed at such port for any necessary use at subsequent United States ports.

(e) In any case that merchandise destined from the mainland to Puerto Rico or from there to the mainland (other than residue cargo which requires documentation in every instance as specified in § 6.9) is carried by aircraft on a direct flight in either direction between the mainland and Puerto Rico, one copy of the general declaration (in addition to that required if the aircraft is also carrying residue cargo) and the shipper's export declarations for such merchandise shall be filed with customs at the place of departure. A cargo manifest shall be required only for any merchandise transported as cargo which is excepted from the filing of shipper's export declarations or for any cargo for which shipper's export declarations cannot be timely filed. For cargo requiring shipper's export declarations, a declaration shall be made on the general declaration (on the cargo manifest if one is required by the preceding sentence). This declaration shall state either "Attached Shipper's Export Declarations represent a full and complete enumeration and description of the cargo carried on this flight except that listed on the cargo manifests" or "All required cargo documents will be filed within a 4-day bond period." If the latter declaration is used, when the shipper's export declarations and any required cargo manifest are in fact filed they shall be accompanied by the following declara