lected in the case of simultaneous vessel transactions.

(f) Fee 6 is collected principally from vessels in the Alaska trade.

(g) Fee 7 shall be collected from foreign vessels only.

(h) Fee 8 shall be collected for each copy of any official document, whether certified or not, furnished to any person other than a Government officer. (Sec. 501, 65 Stat. 290, 31 U.S.C. 483a) 69-266, 34 F.R. 20423, Dec. 31, 1969] § 4.99 Forms; substitution.

[T.D.

Customs Forms 1300, 1301, 1303, and 1304 printed by private parties or foreign governments shall be accepted provided the forms so printed conform to the official Customs forms in size (except that such forms may be up to 14 inches in length), wording, arrangement, style, size of type, and paper specifications. If instructions are printed on the reverse of any of the official Customs forms, such instructions may be omitted (although such instructions must be followed).

(80 Stat. 379, R.S. 251; 5 U.S.C. 301, 19 U.S.C. 66) [T.D. 61-169, 36 F.R. 12606, July 2, 1971]

AUTHORITY: The provisions of this Part 6 issued under R.S. 251, sec. 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787, 799, as amended, sec. 101, 76 Stat. 72; 5 U.S.C. 301, 19 U.S.C. 66, 1624, 49 U.S.C. 1474, 1509, Gen. Hdnote. 11, Tariff Schedules of the United States, unless otherwise noted.

SOURCE: The provisions of this Part 6 appear at 28 F.R. 14626, Dec. 31, 1963, unless otherwise noted.

CROSS REFERENCE: For Air Commerce Regulations issued by the Surgeon General of the Public Health Service, Department of Health, Education, and Welfare, see 42 CFR 71.501 to 71.506.

§ 6.1 Scope and definitions.

(a) The regulations in this part shall not be applicable in the islands of Guam, Midway, American Samoa, Wake, Kingman Reef, and Johnston Island, the Virgin Islands and other insular possessions not specified herein.

(b) The term "United States" when used in a geographical sense means the territory comprising the several States, Territories, possessions, and the District of Columbia, including the territorial waters thereof and the overlying air space, but shall not include the Canal Zone.

(c) The term "area" shall mean either one of the following:

(1) The States and the District of Columbia,

(2) Puerto Rico.

(d) The term "aircraft" means civil aircraft, that is, any aircraft not used exclusively in the governmental service of the United States or a foreign country, and includes any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(e) The term "aircraft commander" means the person serving on the aircraft having charge or command of its operation and navigation.

(f) The term "scheduled airline" means any individual, partnership, corporation, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from area to area, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board.

(g) The term "authorized person" (authorized agent of an owner or operator) means any person who by written authority, satisfactory to the collector of customs, has been designated to act for and in the place of an owner or operator of a scheduled airline or who

by power of attorney has been authorized to act for and in the place of an owner or operator of a nonscheduled airline.

(h) The term "international airport" means any airport designated by the Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried on such aircraft, by the Attorney General as a port of entry for aliens arriving on such aircraft, and by the Secretary of Health, Education, and Welfare as a place for quarantine inspection.

§ 6.2

Landing requirements.

(a) Place of landing. Every aircraft coming into any area from any place outside thereof shall land in such area unless exempted from this requirement by the Administrator of the Federal Aviation Agency, Washington 25, D.C. The first landing shall be at an international airport unless permission to land elsewhere shall first be granted, except that permission to land is not required for an emergency or forced landing. In the case of scheduled aircraft operated by scheduled airlines, such permission shall be granted by the Bureau of Customs, and in all other cases by the collector of customs or other customs officer in charge at the port of entry or customs station nearest the intended place of first landing. For procedure to be followed in case of emergency or forced landing see paragraph (g) of this section. When the Bureau of Customs grants permission to land elsewhere than at an international airport, the Bureau shall immediately notify the heads of the Public Health Service, the Immigration and Naturalization Service, and of any other agency likely to be concerned with the landing, and, when a collector or other customs officer grants such permission, he shall immediately notify the principal local officer of each such agency. In cases where such permission is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in inspecting the aircraft, passengers, employees, and merchandise, including baggage, carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by customs officers.

(b) Advance notice of arrival. (1) Before an aircraft comes into any area from any place outside the United States, for security reasons, and in order to avoid the penalties provided for in § 6.11, a timely notice of intended flight must be furnished, either by or at the request of the commander of the aircraft, to the collector or other customs officer in charge at or nearest the intended place of first landing in such area. That officer shall notify the officers in charge of the other Government services. When, by reason such as departure from a remote place, dependable facilities for giving notice are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States. However, radio equipment of the plane may be used if this will result in the giving of adequate and timely notice. Advance notice shall not be required in the case of aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the collector of customs for the district in which the place of first landing is situated. If, upon landing in any area, the aircraft commander finds that the Government officers have not arrived, the aircraft commander must hold the aircraft and any merchandise, including baggage, thereon intact, and keep the passengers and crew members in a segregated place until the inspection officers are available.

(2) Each notice of an intended flight shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the international airport or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival; and shall be sent so as to be received in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft.

(c) Permission to discharge or depart. No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue foreign cargo (see § 6.9) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the customs officers in charge.

(d) Permit to proceed; foreign aircraft. (1) Aircraft are subject to customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first arrival to one or more airports in the United States, its commander shall obtain from the collector of customs at the airport of first arrival a permit on customs Form 4449 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At each airport visited, the customs officer there, or, if there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the collector of customs at the port of final clearance for a foreign destination, who shall satisfy himself prior to the issuance of clearance that the aircraft received proper customs treatment while in this country. The permit shall then be returned to the collector of customs at the port of issue.

(2) A copy of the permit shall be retained by the collector at the port where issued. If within 60 days after the issuance of such permit the said collector does not receive a report of the outward clearance of the aircraft covered thereby, the matter shall be reported to the customs agent in charge of the area involved for investigation.

(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 other wise 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

(e) Monthly and annual requests for overtime services and permits to unlade and lade. A permit and special license on customs Form 3171 running for any period up to 1 month and in multiples of months thereafter, but not to exceed 1

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.

year nor longer than the period of the supporting bond, may be granted to a scheduled airline to unlade passengers or merchandise, including baggage, or to lade merchandise, including baggage, in the case of any or all of its planes at night or on a Sunday or holiday when customs supervision is required. The application for such a permit to lade or unlade and request for overtime services of customs officers shall be made on customs Form 3171. Such request for overtime services must show the exact times when overtime services will be needed unless arrangements are made so that the proper customs officer will be notified during official hours in advance of the services requested as to the exact times that the services will be needed. The special license shall not be granted until the required bond on customs Form 3587, 7567, or 7569 shall have been filed.

(f) Monthly and annual permits to unlade and lade. The district director of customs may also issue a permit running for any period up to 1 month and in multiples of months thereafter, but not to exceed 1 year, to unlade or lade during official hours any or all of the planes of a scheduled airline. Customs Form 3171 shall be used for such purpose. (g) Emergency forced landing. or Should an emergency or forced landing be made by an aircraft coming into the United States from any place outside thereof, or into an area from a place outside the areas defined in § 6.1(c) of the regulations of this part, or while traveling from airport to airport in the areas of the United States under a permit to proceed (see § 6.9(b) of the regulations of this part), the aircraft commander shall not allow any merchandise, baggage, passengers, or crew members not previously cleared by customs or other applicable Government agency to be removed, or to depart from the landing place without permission of a customs officer, unless such removal or departure is necessary for purposes of safety, communication with customs authorities, or the preservation of life, health, or property. As soon as practicable, the aircraft commander, or a member of the crew in charge, or the owner of the aircraft, shall communicate with the customs officer at the intended place of first landing or at the nearest international airport or other customs port of entry in that area and make a full report of the circumstances of the flight and of the emergency or forced

73

landing. When an aircraft carrying precleared crew, passengers and baggage or merchandise lands for any reason at an airport in the United States other than the scheduled or intended port of arrival, written notice must be received from the airline representative or aircraft commander both at the customs office at the place of preclearance and at or for the place of intended landing within seven days, unless notice is otherwise given in accordance with a procedure previously agreed to with the carrier by the collector of customs involved. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service. (Sec. 14, 67 Stat. 516; 19 U.S.C. 1322) [28 F.R. 14626, Dec. 31, 1963, as amended by T.D. 56181, 29 F.R. 7420, June 9, 1964; T.D. 56288, 29 F.R. 14492, Oct. 22, 1964; T.D. 63-247, 33 F.R. 15022, Oct. 8, 1968]

§ 6.3 Entry and clearance.

(a) Aircraft coming into any area from any place outside the United States shall be entered in such area if landing is made therein and if carrying passengers for hire or commercial cargo (see § 6.7). Aircraft proceeding from one area into another shall be entered in the latter area if landing is made therein and if carrying residue cargo. Aircraft not required to enter under this paragraph are subject to other customs requirements (see § 6.2).

(b) Entry shall be made by the aircraft commander, or by any other authorized agent of the owner or operator of the aircraft (hereinafter referred to as an authorized person), at the international airport at which the first landing is made in the area. If, pursuant to § 6.2 (a), the first landing occurs at a

1a

1a Section 431, Tariff Act of 1930, as amended (19 U.S.C. 1431): "(b) Whenever a manifest of articles or persons on board an aircraft is required for customs purposes to be signed, or produced or delivered to a customs officer, the manifest may be signed, produced, or delivered by the pilot or person in charge of the aircraft, or by any other authorized agent of the owner or operator of the aircraft, subject to such regulations as the Secretary of the Treasury may prescribe. If any irregularity of omission or commission occurs in any way in respect of any such manifest, the owner or operator of the aircraft shall be liable for any fine or penalty prescribed by law in respect of such irregularity."

place not an international airport, entry shall be made at the nearest international airport or customs port of entry, unless some other place is designated for that purpose.

(c) Aircraft departing from an 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 carrying residue cargo from one to another area shall be cleared in the area from which departing. In accordance with provisions of regulations of the Bureau of the Census (15 CFR Part 30), any aircraft not otherwise required to clear which is carrying merchandise from one to another area, or from an area to any possessions of the United States, must obtain permission to depart (see § 6.8 of the regulations of this part). If an aircraft is departing on a flight from the United States and is not required to clear under the preceding provisions of this paragraph, it must, nevertheless, obtain customs clearance if by reason of the foreign destination of the aircraft a validated license from the Bureau of International Commerce is required by § 370.2 of the Export Control 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

(d) The clearance or permission to depart shall be obtained by the aircraft commander or an authorized agent at the customs port of entry (whether or not an international airport) at or nearest the place of last take-off from the

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.

area, unless some other place is designated for that purpose by the collector of customs.

(e) This section shall not apply to the entry of aircraft of scheduled airlines complying with the terms of § 6.4 nor to the clearance or departure of such aircraft complying with the terms of § 6.5, nor to the clearance of any aircraft holding a permit issued by the Secretary of Commerce authorizing departure without clearance.

§ 6.4 Entry of aircraft of scheduled airlines.

(a) Aircraft operated by scheduled airlines coming into any area from any place outside the United States shall be entered in the area of first landing.

(b) Aircraft operated by scheduled airlines coming from one area into another area shall be entered therein if carrying residue cargo (§ 6.9).

(c) Entry required by this section in an area shall be made at the place of landing provided for under § 6.2.

§ 6.5 Clearance of aircraft of scheduled airlines.

(a) Aircraft operated by scheduled airline departing for any place outside the United States may clear from the area of departure, but clearance shall be mandatory only during any period covered by a proclamation of the President that a state of war exists between foreign nations, or the aircraft is

(1) Beginning a flight in that area; or (2) Carrying from that area merchandise which must be listed in its general clearance declaration (§ 6.8).

(b) Aircraft operated by scheduled airlines departing from one to another area shall clear in the area from which departing if carrying residue foreign cargo, and, when clearance is not required, if transporting merchandise from one to another area or from an area to possessions of the United States shall obtain permission to depart from the collector of customs when required for the purposes of regulations of the Bureau of the Census (15 CFR Part 30).

(c) Clearance required by this section or permission to depart may be obtained by the aircraft commander or an authorized person at the customs port of entry (whether or not an international airport) at or nearest each place at which merchandise or passengers, or both, are taken aboard for discharge beyond the area. In such case, the clear