§ 6.15 Transportation in bond and merchandise in transit. (a) Transportation by aircraft. The regulations in this section apply only to the transportation in bond of merchandise arriving in United States customs territory by aircraft and entered for immediate transportation without appraisement or for transportation and exportation by aircraft. Except as provided for herein, the regulations' applicable to transportation in bond and merchandise in transit shall apply to transportation of merchandise in bond by aircraft. (b) Procedure at port of origin. (1) Customs Form 7512 shall be used as a combined entry and manifest. These forms shall be filed in quintuple and all copies shall be signed by the agent of the carrier. (2) When merchandise is entered for immediate transportation without appraisement, two copies of the combined entry and manifest shall be delivered to the carrier to accompany the merchandise to the port of destination. When merchandise is entered for transportation and exportation, one copy of the combined entry and manifest shall be delivered to the carrier to accompany the merchandise to the port of destination. (3) All such merchandise delivered to a bonded air carrier for transportation in bond shall be receipted for by an agent of the carrier and no supervision of the lading of the merchandise on the transporting aircraft shall be required. (4) Merchandise covered by a single combined entry and manifest may be forwarded to destination on one aircraft or on more than one aircraft, and a separate manifest for each aircraft shall not be required if the entire shipment is forwarded within a single 24-hour period. When a portion of a shipment is forwarded on an aircraft departing more than 24 hours after the first portion of the shipment was forwarded, the original combined entry and manifest copy or copies accompanying the first portion of the shipment shall be endorsed to indicate that the remainder of the shipment will follow by separate aircraft, and a single manifest shall be prepared for each portion of the shipment which follows by separate aircraft and used as a notice of arrival at the port of destination. * See Part 18 of this chapter. (5) Merchandise forwarded in bond under the regulations in this part may be transshipped at an intermediate port to one or more aircraft of the same line without customs supervision and notice of such transshipment shall not be required. When merchandise covered by a single combined entry and manifest is transshipped to more than one aircraft the procedure specified in subparagraph (4) of this paragraph, shall be followed. (6) The sealing of aircraft or compartments of aircraft carrying in-bond merchandise, or the cording and sealing of in-bond packages carried by aircraft, shall not be required. However, the carrier shall furnish and attach to each inbond package the warning label prescribed by § 18.4 (e) of this chapter. (c) Procedure at the port of destination. On arrival of an in-bond shipment at the port of destination, the aircraft commander, or an authorized person, shall deliver one copy of the combined entry and manifest which accompanied the shipment, or the copy of the manifest prepared for each portion of a shipment forwarded by separate aircraft which departed more than 24 hours after the first portion of the shipment, to the collector at that port as a notice of arrival. One copy of the entry and manifest which accompanied merchandise forwarded under an entry for immediate transportation without appraisement shall be delivered by the carrier to the consignee to be used in making entry. This copy may be endorsed as provided for by § 8.6 (e) of this chapter and used as a carrier's certificate. § 6.16 Certificate of lading for exportation. The certificate of lading for exportation on customs Form 7512 or customs Form 7520 shall be executed at the place where the aircraft clearance covering such merchandise is obtained. In any case where the aircraft clearance is obtained at a place other than the place of last take-off from United States customs territory, as provided for by § 6.5 (c), the aircraft commander or an authorized person shall at each place of subsequent landing in United States customs territory prior to foreign departure (a) immediately report arrival with merchandise on board destined to be exported from bond to the customs officer at that place and (b) surrender the clearance certificate received at the place where such merchandise was taken on board to the customs officer to be retained until departure." § 6.17 Alternate transportation procedures for air cargo subject to customs control. Such Cargo (including manifested baggage) arriving by aircraft and to be transported subject to customs control in, through, or from the United States by aircraft must, if not transported in accordance with other provisions of the regulations of this part, be transported in bond in accordance with the applicable provisions of §§ 6.18 through 6.24. cargo so transported shall be referred to as "transit air cargo." For the purposes of these sections, the term "port of arrival" means the port in the United States at which the imported cargo must be documented for onward air transportation otherwise than as residue cargo, and the terms "transfer" or "transferred" mean the change to documentation of cargo as transit air cargo for transportation from the port of arrival; this may or may not involve a change of aircraft or airlines but when it does, such terms shall also include the physical movement of the cargo from one to another aircraft. (Secs. 551, 552, 553, 46 Stat. 742, as amended; 19 U.S.C. 1551, 1552, 1553) (b) Only air cargo shipments from one country of exportation, the name of which must be shown in the heading, may be listed on any one transit air cargo manifest sheet, or in lieu of such limitation the name of the country of exportation of each shipment must be shown in the "Nature of Goods" column. In addition thereto, only such shipments which are manifested by way of the port of arrival (1) to the same United States Customs port of destination, or (2) to the same United States Customs port for exportation therefrom, or (3) for direct exportation from the port of arrival may be listed on one transit air cargo manifest sheet. (c) If manifest sheets are not prepared in accordance with paragraph (b) of this section, each cargo shipment manifested thereon, when required to be transported subject to customs control, must be transported beyond the port of arrival in accordance with other provisions of these regulations requiring individual documentation for the inward transportation or exportation of each shipment (see § 6.15 and Parts 5 and 18 of this chapter). (d) When presented, each transit air cargo manifest sheet must show also (1) the foreign port of lading, (2) the date of arrival of the aircraft at the port of arrival, (3) the final country of destination of each shipment, or final port of destination in the United States of each shipment so destined, and (4) each United States port at which a customs function will be necessary by reason of these transit air cargo procedures. The destination outside the United States must be shown as the actual, ultimate country of destination indicated by available airline shipping documents even though the air transportation may be scheduled to terminate in a country prior to such ultimate destination. (e) All transit air cargo other than that exported directly from the port of arrival must have affixed thereto before departure from the port of arrival the red warning label prescribed by § 18.4(e) of this chapter. (f) The transit air cargo manifest must be furnished in the number of copies indicated below for the respective transportation movement: (1) Three copies are required for transit air cargo destined for export directly from the port of arrival; (2) Four copies are required for transit air cargo moving to a port of destination in the United States from the port of arrival; (3) Seven copies are required for transit air cargo moving from the port of arrival to another United States port for exportation therefrom. § 6.19 Identification of transit air cargo manifest sheets. Upon presentation of the inward cargo manifest of the aircraft on which the cargo arrives at the port of arrival, a manifest number must be assigned by Customs to the aircraft entry documents presented by the aircraft commander or authorized agent. That number must be used by the importing airline to identify all copies of transit air cargo manifests. The number must be given as a prefix an identification of the airport of arrival with the use of the 3-letter city or airport designator (the Air Traffic Service Location Identifier, as referred to by the Federal Aviation Agency); for example, "Idl-3758," or "Bos-296" as the case may be. § 6.20 Conditions for transportation of transit air cargo. (a) As a condition for customs release for transportation of air cargo beyond the port of arrival as transit air cargo, all required copies of a transit air cargo manifest sheet must be identified as prescribed in § 6.19 prior to presentation to Customs. (b) To proceed from the port of arrival as transit air cargo, air cargo must be receipted for in the manner prescribed in paragraph (d) of this section, within the lay order period or any authorized extension (see § 4.37 of this chapter), by the airline which will be responsible for transporting or exporting such cargo. (c) Transit air cargo may be transported to another port only when receipted for by an airline designated as a common carrier for the transportation of bonded merchandise having on file an appropriate customs bond for such transportation. Transit air cargo may be exported from the port of arrival only when covered by an exportation bond on customs Form 7557 or 7559 as specified in § 18.25 of this chapter, or other appropriate bond. The responsibility of the receiving airline for transit air cargo otherwise than for direct exportation from the port of arrival begins when a receipt executed as prescribed in paragraph (d) of this section is presented to If customs. The responsibility of the exporter of transit air cargo for direct exportation begins when a receipt executed as prescribed in paragraph (d) of this section is presented to customs. any carting for delivery to a receiving airline is necessary prior to such time, the importing airline remains solely responsible for such cargo under its bond unless such carting is performed under the provisions of Part 21 of this chapter and at the expense of the parties in interest. (d) Each copy of the transit air cargo manifest must bear the following statement legibly signed and dated, if required, when presented to customs: Received the cargo listed herein for delivery to Customs at the port of destination or exportation shown above, or for direct exportation. Name of Carrier (or Attorney or Agent of (e) All cargo shipments listed on a transit air cargo manifest sheet must be receipted for by one airline and must be transported from the port of arrival on one aircraft except where the use of more than one aircraft would be permitted by § 6.15(b) (4) in the case of a single combined entry and manifest on customs Form 7512, or where the use of more than one aircraft is permitted as specified in § 6.24(f). Otherwise, all shipments on the transit air cargo manifest must be individually documented and transported under the regular procedures for transportation of merchandise in bond. § 6.21 Timely delivery and exportation. (a) Transit air cargo destined to a final port of destination in the United States must be delivered to Customs at destination within 15 days from the date of receipt by the forwarding airline at the port of arrival. (b) Transit air cargo destined for exportation at a port other than the port of arrival must be delivered to Customs at the port of exportation within 15 days from the date of receipt by the forwarding airline at the port of arrival. If all of the cargo shipments are not exported within the succeeding 15-day period, the individual cargo shipments must be made the subject of individual entries, as appropriate, at the port of exportation. (c) In the case of transit air cargo to be exported from the port of arrival, exportation as transit air cargo must be required within 10 days from the date of receipt of the cargo by the exporting airline. After such 10-day period, the individual cargo shipments must be made the subject of individual entries, as appropriate. § 6.22 Transportation of transit air cargo to an interior port of destination. (a) Air cargo shipments may be transferred for transportation as transit air cargo from the port of arrival, under such customs supervision as the collector deems necessary, to another port in the United States with the use of the following number of copies of transit air cargo manifest sheets: (1) A "carrier manifest" copy to accompany the cargo shipments listed thereon and be delivered to Customs at destination; (2) Three copies for presentation to Customs at the port of arrival at the time of entry of the arriving aircraft or at a subsequent time before expiration of the lay order period. One copy will be used as a "permit" copy by Customs at the port of arrival, one "mail manifest" copy will be mailed by Customs to the port of destination, and one "control" copy will be mailed to the headquarters port for the port of destination. These copies must be presented by or on behalf of the carrier receipting for the transportation of the cargo shipments to destination. (b) At the port of destination Customs must use the carrier manifest copy for control by noting thereon the disposition of each cargo shipment listed. (c) Transit air cargo is to be delivered to Customs at destination within 15 days of the date of receipt for it by the forwarding carrier at the port of arrival. When all or part of the cargo covered by the mail manifest copy received at destination from Customs at the port of arrival is not closed out after 30 days from its receipt by a posted carrier manifest copy, the collector of customs must inquire of the receipting carrier as to the whereabouts of the shipment or shipments not accounted for. He must in each case of failure to deliver or irregular delivery of all or part of the transit air cargo make a report to the port of arrival. The report must be made no later than 40 days from the date of receipt of the mail manifest copy. The report must be made to, and action promptly taken thereon by, Customs at the port of arrival in the manner specified in §§ 18.6 and 18.8 of this chapter, except that the report on customs Form 3861 must not indicate the amount of duty or tax due when the amount is in doubt. In such case, Customs at the port of arrival must make the determination of tax and duty due on information in the report, in the permit copy retained there, and any necessary information obtained from the carriers. (d) Upon receipt of a written notice of failure to deliver, the airline which receipted for the transit cargo must be responsible for furnishing within 90 days to the collector of customs any data or documents available to it or to the importing airline concerning the description and value of the cargo shipments in question. (e) Penalties imposed as liquidated damages under the common carrier's bond for shortage, failure to deliver, etc., must be the same as prescribed in § 18.8 of this chapter. Under that section the basis for the assessment of liquidated damages is the value of the merchandise. The transit air cargo manifest does not reflect value. Therefore, when it is necessary to determine the values of merchandise shipped as transit air cargo, the value must be determined by the collector on the basis of the data or documents specified in paragraph (d) of this section and such other information available to him relating to merchandise of the same or similar description or origin. However, when the data or documents required to be furnished by paragraph (d) of this section are not received within the 90-day period prescribed, the collector will make his determination of value on the basis of such other information available to him. § 6.23 Transportation of transit air cargo to another port for exportation. (a) Air cargo shipments may be transferred for transportation as transit air cargo from the port of arrival, under such customs supervision as the collector deems necessary, to another port for exportation therefrom with the use of the following number of copies of transit air cargo manifest sheets: (1) A "carrier manifest" copy to accompany the cargo shipments listed thereon and be delivered to Customs upon arrival of the shipments at the port of exportation; (2) A copy which is stamped, labeled, or printed "diversion copy" in outline letters at least 1 inch in height to be attached to and accompany the carrier manifest copy and be delivered to Customs at the port of exportation; (3) Three copies, called "permit", "mail manifest", and "control" copy, for presentation to Customs at the port of arrival either at the time of entry of the arriving aircraft or at a subsequent time before expiration of the lay order period. These copies must be presented by or on behalf of the airline receipting for the transportation of the cargo shipments from the port of arrival to the port of exportation for lading for export at such place; (4) Two copies, called "Exportation" and "Clearance" copies, to be presented by the exporting airline to Customs at the port of exportation in connection with the exportation. (b) Upon arrival of the transit air cargo shipments at the port of exportation, the transit air cargo may be delivered direct to the exporting carrier with the exportation and clearance copies after the name of such carrier is legibly noted on the carrier manifest and diversion copies and such copies are delivered to Customs. (c) The exporting carrier will retain all cargo listed on a transit air cargo manifest in one place which must be separate from the specially designated area for storage of shipments coming within the provisions of paragraph (e) of this section. When the goods are ready for lading on the exporting aircraft, Customs will be notified sufficiently in advance so as to be able to make any required supervision of the lading of the cargo and any further checks for Federal Government purposes. (d) When presented to Customs, the exportation and clearance copies must each show the exporting aircraft's number and flight number and date. The exporting airline must file these documents (including the clearance copies of transit air cargo manifests) for the departing aircraft. The clearance copies of air transit cargo manifests shall be grouped together in the outward manifest separately and not intermingled with other outward manifest pages. The exportation copies shall be grouped to gether separately from the outward clearance documents. (e) The customs officer receiving the carrier manifest and diversion copies of the transit air cargo manifest must review them for export licensing requirements of the Secretary of State covering arms, ammunitions, and implements of war, and of the Bureau of International Programs, Department of Commerce. A shipment for which the manifest information is not adequate to enable the officer to determine that no licensing or other requirements are applicable to the particular transit air cargo must be checked either by examination or by inspecting the air waybill or accompanying invoice. In this case, in order not to delay the onward movement of other goods, this shipment may be struck from the transit air cargo manifest and the remaining shipments may proceed. If a licensing or other requirement is found applicable, the exporting airline must be immediately notified that the particular shipment cannot be exported until an appropriate license or approval is obtained. This shipment must be placed under constructive customs custody in a specially designated area of the exporting airline's cargo terminal for such shipments until the necessary customs or other approval for shipment is obtained. (f) The diversion copy of each transit air cargo manifest sheet must be sent by the port of diversion, with an endorsement of exportation showing the port, date, and exporting carrier, to the port of indicated exportation when all cargo shipments listed thereon have been exported at the port of diversion. It shall normally be sent as soon as the exportation copy or copies are presented at the port of exportation and are attached to the carrier manifest, and it is verified that all shipments listed thereon are exported. If exceptions are found by Customs at the port of exportation, they must be noted on the diversion copy before it is sent. However, if the carrier's manifest copy is not fully closed out at the port of diversion within 30 days from the date of the carrier's receipt on the carrier manifest and diversion copies, the diversion copy must be immediately sent to the port of indicated exportation to forestall a report to the port of arrival (see paragraph (g) of this section). The diversion copy must be noted before sending, "Exportation copy not yet re |