[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: 19CFR122.48a]



[Page 599-603]

 

                        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.  122.48a  Electronic information for air cargo required in advance 

of arrival.



    (a) General requirement. Pursuant to section 343(a), Trade Act of 

2002, as amended (19 U.S.C. 2071 note), and subject to paragraph (e) of 

this section, for any inbound aircraft required to enter under Sec.  

122.41, that will have commercial cargo aboard, Customs and Border 

Protection (CBP) must electronically receive from the inbound air 

carrier and, if applicable, an approved party as specified in paragraph 

(c)(1) of this section, certain information concerning the incoming 

cargo, as enumerated, respectively, in paragraphs (d)(1) and (d)(2) of 

this section. The CBP must receive such information no later than the 

time frame prescribed in paragraph (b) of this section. The advance 

electronic transmission of the required cargo information to CBP must be 

effected through a CBP-approved electronic data interchange system.

    (1) Cargo remaining aboard aircraft; cargo to be entered under bond. 

Air cargo arriving from and departing for a foreign country on the same 

through flight and cargo that is unladen from



[[Page 600]]



the arriving aircraft and entered, in bond, for exportation, or for 

transportation and exportation (see subpart J of this part), are subject 

to the advance electronic information filing requirement under paragraph 

(a) of this section.

    (2) Diplomatic Pouches and Diplomatic Cargo. When goods comprising a 

diplomatic or consular bag (including cargo shipments, containers, and 

the like identified as Diplomatic Pouch) that belong to the United 

States or to a foreign government are shipped under an air waybill, such 

cargo is subject to the advance reporting requirements, but the 

description of the shipment as Diplomatic Pouch will be sufficient 

detail for description. Shipments identified as Diplomatic Cargo, such 

as office supplies or unaccompanied household goods, are subject to the 

advance reporting requirements of paragraph (a) of this section.

    (b) Time frame for presenting data--(1) Nearby foreign areas. In the 

case of aircraft under paragraph (a) of this section that depart for the 

United States from any foreign port or place in North America, including 

locations in Mexico, Central America, South America (from north of the 

Equator only), the Caribbean, and Bermuda, CBP must receive the required 

cargo information no later than the time of the departure of the 

aircraft for the United States (the trigger time is no later than the 

time that wheels are up on the aircraft, and the aircraft is en route 

directly to the United States).

    (2) Other foreign areas. In the case of aircraft under paragraph (a) 

of this section that depart for the United States from any foreign area 

other than that specified in paragraph (b)(1) of this section, CBP must 

receive the required cargo information no later than 4 hours prior to 

the arrival of the aircraft in the United States.

    (c) Party electing to file advance electronic cargo data--(1) Other 

filer. In addition to incoming air carriers for whom participation is 

mandatory, one of the following parties meeting the qualifications of 

paragraph (c)(2) of this section, may elect to transmit to CBP the 

electronic data for incoming cargo that is listed in paragraph (d)(2) of 

this section:

    (i) An Automated Broker Interface (ABI) filer (importer or its 

Customs broker) as identified by its ABI filer code;

    (ii) A Container Freight Station/deconsolidator as identified by its 

FIRMS (Facilities Information and Resources Management System) code;

    (iii) An Express Consignment Carrier Facility as identified by its 

FIRMS code; or,

    (iv) An air carrier as identified by its carrier IATA (International 

Air Transport Association) code, that arranged to have the incoming air 

carrier transport the cargo to the United States.

    (2) Eligibility. To be qualified to file cargo information 

electronically, a party identified in paragraph (c)(1) of this section 

must establish the communication protocol required by CBP for properly 

presenting cargo information through the approved data interchange 

system. Also, other than a broker or an importer (see Sec.  113.62(j)(2) 

of this chapter), the party must possess a Customs international carrier 

bond containing all the necessary provisions of Sec.  113.64 of this 

chapter.

    (3) Nonparticipation by other party. If another party as specified 

in paragraph (c)(1) of this section does not participate in advance 

electronic cargo information filing, the party that arranges for and/or 

delivers the cargo shipment to the incoming carrier must fully disclose 

and present to the carrier the cargo information listed in paragraph 

(d)(2) of this section; and the incoming carrier, on behalf of the 

party, must present this information electronically to CBP under 

paragraph (a) of this section.

    (4) Required information in possession of third party. Any other 

entity in possession of required cargo data that is not the incoming air 

carrier or a party described in paragraph (c)(1) of this section must 

fully disclose and present the required data for the inbound air cargo 

to either the air carrier or other electronic filer, as applicable, 

which must present such data to CBP.

    (5) Party receiving information believed to be accurate. Where the 

party electronically presenting the cargo information required in 

paragraph (d) of this section receives any of this information from 

another party, CBP will



[[Page 601]]



take into consideration how, in accordance with ordinary commercial 

practices, the presenting party acquired such information, and whether 

and how the presenting party is able to verify this information. Where 

the presenting party is not reasonably able to verify such information, 

CBP will permit the party to electronically present the information on 

the basis of what that party reasonably believes to be true.

    (d) Non-consolidated/consolidated shipments. For non-consolidated 

shipments, the incoming air carrier must transmit to CBP all of the 

information for the air waybill record, as enumerated in paragraph 

(d)(1) of this section. For consolidated shipments: the incoming air 

carrier must transmit to CBP the information listed in paragraph (d)(1) 

of this section that is applicable to the master air waybill; and the 

air carrier must transmit cargo information for all associated house air 

waybills as enumerated in paragraph (d)(2) of this section, unless 

another party as described in paragraph (c)(1) of this section 

electronically transmits this information directly to CBP.

    (1) Cargo information from air carrier. The incoming air carrier 

must present to CBP the following data elements for inbound air cargo 

(an ``M'' next to any listed data element indicates that the data 

element is mandatory in all cases; a ``C'' next to the listed data 

element indicates that the data element is conditional and must be 

transmitted to CBP only if the particular information pertains to the 

inbound cargo):

    (i) Air waybill number (M) (The air waybill number is the 

International Air Transport Association (IATA) standard 11-digit 

number);

    (ii) Trip/flight number (M);

    (iii) Carrier/ICAO (International Civil Aviation Organization) code 

(M) (The approved electronic data interchange system supports both 3- 

and 2-character ICAO codes, provided that the final digit of the 2-

character code is not a numeric value);

    (iv) Airport of arrival (M) (The 3-alpha character ICAO code 

corresponding to the first airport of arrival in the Customs territory 

of the United States (for example, Chicago O'Hare = ORD; Los Angeles 

International Airport = LAX));

    (v) Airport of origin (M) (The 3-alpha character ICAO code 

corresponding to the airport from which a shipment began its 

transportation by air to the United States (for example, if a shipment 

began its transportation from Hong Kong (HKG), and it transits through 

Narita, Japan (NRT), en route to the United States, the airport of 

origin is HKG, not NRT));

    (vi) Scheduled date of arrival (M);

    (vii) Total quantity based on the smallest external packing unit (M) 

(for example, 2 pallets containing 50 pieces each would be considered as 

100, not 2);

    (viii) Total weight (M) (may be expressed in either pounds or 

kilograms);

    (ix) Precise cargo description (M) (for consolidated shipments, the 

word ``Consolidation'' is a sufficient description for the master air 

waybill record; for non-consolidated shipments, a precise cargo 

description or the 6-digit Harmonized Tariff Schedule (HTS) number must 

be provided (generic descriptions, specifically those such as ``FAK'' 

(``freight of all kinds''), ``general cargo'', and ``STC'' (``said to 

contain'') are not acceptable));

    (x) Shipper name and address (M) (for consolidated shipments, the 

identity of the consolidator, express consignment or other carrier, is 

sufficient for the master air waybill record; for non-consolidated 

shipments, the name of the foreign vendor, supplier, manufacturer, or 

other similar party is acceptable (and the address of the foreign 

vendor, etc., must be a foreign address); by contrast, the identity of a 

carrier, freight forwarder or consolidator is not acceptable);

    (xi) Consignee name and address (M) (for consolidated shipments, the 

identity of the container station, express consignment or other carrier 

is sufficient for the master air waybill record; for non-consolidated 

shipments, the name and address of the party to whom the cargo will be 

delivered is required, with the exception of ``FROB'' (Foreign Cargo 

Remaining On Board); this party need not be located at the arrival or 

destination port);

    (xii) Consolidation identifier (C);

    (xiii) Split shipment indicator (C) (see paragraph (d)(3) of this 

section for the specific data elements that must be



[[Page 602]]



presented to CBP in the case of a split shipment);

    (xiv) Permit to proceed information (C) (this element includes the 

permit-to-proceed destination airport (the 3-alpha character ICAO code 

corresponding to the permit-to-proceed destination airport); and the 

scheduled date of arrival at the permit-to-proceed destination airport);

    (xv) Identifier of other party which is to submit additional air 

waybill information (C);

    (xvi) In-bond information (C) (this data element includes the 

destination airport; the international/domestic identifier (the in-bond 

type indicator); the in-bond control number, if there is one (C); and 

the onward carrier identifier, if applicable (C)); and

    (xvii) Local transfer facility (C) (this facility is a Container 

Freight Station as identified by its FIRMS code, or the warehouse of 

another air carrier as identified by its carrier code).

    (2) Cargo information from carrier or other filer. The incoming air 

carrier must present the following additional information to CBP for the 

incoming cargo, unless another party as specified in paragraph (c)(1) of 

this section elects to present this information directly to CBP. 

Information for all house air waybills under a single master air waybill 

consolidation must be presented electronically to CBP by the same party. 

(An ``M'' next to any listed data element indicates that the data 

element is mandatory in all cases; a ``C'' next to any listed data 

element indicates that the data element is conditional and must be 

transmitted to CBP only if the particular information pertains to the 

inbound cargo):

    (i) The master air waybill number and the associated house air 

waybill number (M) (the house air waybill number may be up to 12 

alphanumeric characters (each alphanumeric character that is indicated 

on the paper house air waybill document must be included in the 

electronic transmission; alpha characters may not be eliminated));

    (ii) Foreign airport of origin (M) (The 3-alpha character ICAO code 

corresponding to the airport from which a shipment began its 

transportation by air to the United States (for example, if a shipment 

began its transportation from Hong Kong (HKG), and it transits through 

Narita, Japan (NRT), en route to the United States, the airport of 

origin is HKG, not NRT));

    (iii) Cargo description (M) (a precise description of the cargo or 

the 6-digit Harmonized Tariff Schedule (HTS) number must be provided);

    (iv) Total quantity based on the smallest external packing unit (M) 

(for example, 2 pallets containing 50 pieces each would be considered as 

100, not 2);

    (v) Total weight of cargo (M) (may be expressed in either pounds or 

kilograms);

    (vi) Shipper name and address (M) (the name of the foreign vendor, 

supplier, manufacturer, or other similar party is acceptable (and the 

address of the foreign vendor, etc., must be a foreign address); by 

contrast, the identity of a carrier, freight forwarder or consolidator 

is not acceptable);

    (vii) Consignee name and address (M) (the name and address of the 

party to whom the cargo will be delivered in the United States, with the 

exception of ``FROB'' (Foreign Cargo Remaining On Board); this party 

need not be located at the arrival or destination port); and

    (viii) In-bond information (C) (this data element includes the 

destination airport; the international/domestic identifier (the in-bond 

type indicator); the in-bond control number, if there is one (C); and 

the onward carrier identifier, if applicable (C)).

    (3) Additional cargo information from air carrier; split shipment. 

When the incoming air carrier elects to transport cargo covered under a 

single consolidated air waybill on more than one aircraft as a split 

shipment (see Sec.  141.57 of this chapter), the carrier must report the 

following additional information for each house air waybill covered 

under the consolidation (An ``M'' next to any listed data element 

indicates that the data element is mandatory in all cases; a ``C'' next 

to any listed data element indicates that the data element is 

conditional and must be transmitted to CBP only if the particular 

information pertains to the inbound cargo):

    (i) The master and house air waybill number (M) (The master air 

waybill number is the IATA standard 11-digit



[[Page 603]]



number; the house air waybill number may be up to 12 alphanumeric 

characters (each alphanumeric number that is indicated on the paper 

house air waybill must be included in the electronic transmission; alpha 

characters may not be eliminated));

    (ii) The trip/flight number (M);

    (iii) The carrier/ICAO code (M) (The approved electronic data 

interchange system supports both 3- and 2-character ICAO codes, provided 

that the final digit of the 2-character code is not a numeric value);

    (iv) The airport of arrival (M) (The 3-alpha character ICAO code 

corresponding to the first airport of arrival in the Customs territory 

of the United States (for example, Chicago O'Hare = ORD; Los Angeles 

International Airport = LAX));

    (v) The airport of origin (M) (The 3-alpha character ICAO code 

corresponding to the airport from which a shipment began its 

transportation by air to the United States (for example, if a shipment 

began its transportation from Hong Kong (HKG), and it transits through 

Narita, Japan (NRT), en route to the United States, the airport of 

origin is HKG, not NRT));

    (vi) Scheduled date of arrival (M);

    (vii) The total quantity of the cargo covered by the house air 

waybill based on the smallest external packing unit (M) (For example, 2 

pallets containing 50 pieces each would be considered as 100, not 2);

    (viii) The total weight of the cargo covered by the house air 

waybill (M) (May be expressed in either pounds or kilograms);

    (ix) Description (M) (This description should mirror the precise 

level of cargo description information that is furnished to the incoming 

carrier by the other electronic filer, if applicable (see paragraph 

(c)(1) of this section));

    (x) Permit-to-proceed information (C) (This element includes the 

permit-to-proceed destination airport (the 3-alpha character ICAO code 

corresponding to the permit-to-proceed destination airport); and the 

scheduled date of arrival at the permit-to-proceed destination airport);

    (xi) Boarded quantity (C) (The quantity of the cargo covered by the 

house air waybill (see paragraph (d)(3)(vii) of this section) that is 

included in the incoming portion of the split shipment); and

    (xii) Boarded weight (C) (The weight of the cargo covered by the 

house air waybill (see paragraph (d)(3)(viii) of this section) that is 

included in the incoming portion of the split shipment).

    (e) Compliance date of this section--(1) General. Subject to 

paragraph (e)(2) of this section, all affected air carriers, and other 

parties as specified in paragraph (c)(1) of this section that elect to 

participate in advance automated cargo information filing, must comply 

with the requirements of this section on and after March 4, 2004.

    (2) Delay in compliance date of section. The CBP may delay the 

general compliance date set forth in paragraph (e)(1) of this section in 

the event that any necessary modifications to the approved electronic 

data interchange system are not yet in place. Also, CBP may delay the 

general compliance date of this section at a given port until CBP has 

afforded any necessary training to CBP personnel at that port. In 

addition, CBP may delay implementation if further time is required to 

complete certification testing of new participants. Any such delay would 

be the subject of an announcement in the Federal Register.



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