[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.48]

[Page 552-553]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
              Subpart E--Aircraft Entry and Entry Documents
 
Sec. 122.48  Air cargo manifest.

    (a) When required. An air cargo manifest for all cargo on board 
shall be filed together with the general declaration for any aircraft 
required to enter under Sec. 122.41.
    (b) Exception. A cargo manifest is not required for merchandise, 
baggage and stores arriving from and departing for a foreign country on 
the same through flight. Any cargo manifest already on board may be 
inspected. All articles on board which must be licensed by the Secretary 
of State shall be listed on the cargo manifest. Company mail shall be 
listed on the cargo manifest.
    (c) Form. The air cargo manifest, Customs Form 7509, must contain 
all required information regarding all cargo on board the aircraft, 
except that a more complete description of the cargo shipped may be 
provided by attaching to the manifest copies of the air waybills 
covering the cargo on board, including, if a consolidated shipment, any 
house air waybills. When copies of

[[Page 553]]

air waybills are attached, the statement ``Cargo as per air waybills 
attached'' must appear on the manifest. The manifest must reference an 
11-digit air waybill number for each air waybill it covers. The air 
waybill number must not be used by the issuer for another air waybill 
for a period of one year after issuance.
    (d) Unaccompanied baggage. Unaccompanied baggage arriving in the 
U.S. under a check number from any foreign country by air and presented 
timely to Customs may be authorized for delivery by the carrier after 
inspection and examination without preparation of an entry, declaration, 
or being manifested as cargo. Such baggage must be found to be free of 
duty or tax under any provision of Chapter 98, HTSUS (19 U.S.C. 1202), 
and cannot be restricted or prohibited. Unaccompanied checked baggage 
not presented timely to Customs or presented timely and found by Customs 
to be dutiable, restricted, or prohibited may be subject to seizure. 
Such unaccompanied checked baggage shall be added to the cargo list in 
columns under the following headings:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Name of examining
             Check No.                     Description             Where from             Destination              officer              Disposition
--------------------------------------------------------------------------------------------------------------------------------------------------------


--------------------------------------------------------------------------------------------------------------------------------------------------------


The two columns, headed ``Name of examining officer'' and 
``Disposition,'' are provided on the cargo manifest for the use of 
Customs officers. Unaccompained unchecked baggage arriving as air 
express or freight shall be manifested as other air express or freight.
    (e) Accompanied baggage in transit. This section applies when 
accompanied baggage enters into the U.S. in one aircraft and leaves the 
U.S. in another aircraft. When passengers do not have access to their 
baggage while in transit through the U.S., the baggage is considered 
cargo and shall be listed on Customs Form 7509, Air Cargo Manifest.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 89-1, 53 FR 
51255, Dec. 21, 1988; T.D. 02-51, 67 FR 55721, Aug. 30, 2002]