Section

[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR122.48]

[Page 598-599]

TITLE 19--CUSTOMS DUTIES

CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF

HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 122_AIR COMMERCE REGULATIONS--Table of Contents

Subpart E_Aircraft Entry and Entry Documents; Electronic Manifest Requirements

for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft

Arriving In, Continuing Within, and Overflying the United States

Sec. 122.48 Air cargo manifest.

(a) When required. Except as provided in paragraphs (d) and (e) of

this section, an air cargo manifest need not be

[[Page 599]]

filed or retained aboard the aircraft for any aircraft required to enter

under Sec. 122.41. However, an air cargo manifest for all cargo on

board must otherwise be available for production upon demand. The

general declaration must be filed as provided in Sec. 122.43.

(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.

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 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:

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Name of examining

Check No. Description Where from Destination officer Disposition

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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; CBP Dec.

03-32, 68 FR 68170, Dec. 5, 2003]