Laws and Regs

[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: 19CFR122.38]
[Page 550-551]
TITLE 19--CUSTOMS DUTIES
CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
Subpart D--Landing Requirements
Sec. 122.38

Permit and special license to unlade and lade.

(a) Applicability. Before any passengers, baggage, or merchandise
may be unladen or laden aboard on arrival or departure of an aircraft
subject to these regulations, a permit and/or special license to unlade
or lade shall be obtained from Customs.
(1) Permit to unlade or lade. A permit is required to obtain
Customs
supervision of unlading and lading during official Customs duty hours.
(2) Special license to unlade or lade. A special license is
required
to obtain Customs supervision of unlading and lading at any time not
within official Customs duty hours (generally, during overtime hours,
Sundays or holidays).
(b) Authorization required. A permit or special license shall be
required for each arrival and departure unless a term permit or special
license has been granted. No permit or special license shall be issued
unless the carrier complies with the terminal facilities and employee
list requirements of Sec. 4.30 of this chapter.
(c) Term permit or special license. A term permit or special
license
may be issued covering all arrivals and departures during a period of
up
to one year, providing local arrangements have been made to notify
Customs before services are needed. The notice shall specify the kinds
of services requested, and the exact times they will be needed. No term
permit or special license shall be issued, and any term permit or
special license already issued shall be revoked, unless the carrier
complies with the terminal facilities and employee list requirements of
Sec. 4.30 of this chapter.
(d) Procedures. The application for a permit and special license to
unlade or lade shall be made by the owner, operator, or agent for an
aircraft on Customs Form 3171, and shall be submitted to the port
director for the airport where the unlading and lading will take place.
The application shall be accompanied by a bond on Customs Form 301,
containing the bond conditions set forth in subpart G of part 113 of
this chapter, or a cash deposit, unless this requirement is waived
under
paragraph (e) of this section.
(e) Waiver of bond. To insure prompt and orderly clearance of the

aircraft, passengers, baggage, or merchandise, the port director may
waive the requirement under paragraph (d) of this section that either a
bond or a cash deposit be made, if he is convinced the revenue is
protected and that all Customs requirements are satisfied.
(f) Automatic renewal of term permit or special license. Automatic
renewal of a term permit or special license may be requested by the
owner, operator, or agent for an aircraft when a bond on Customs Form
301 containing the appropriate bond conditions set forth in subpart G
of
part 113 of this chapter is on file. The request shall be for
successive
annual periods which conform to the automatic renewal periods of the
[[Page 551]]
bond. An application will be approved by the port director unless
specific reasons exist for denial. If a request for automatic renewal
is
not approved, the port director shall notify the requestor, and shall
state the reasons for the denial. To apply for automatic renewal, item
10 on Customs Form 3171 shall be changed by adding the following words
after the period of time indicated: ``And automatic annual renewal
thereof for so long as the bond is renewed and remains in effect.''
[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 94-2, 58 FR
68526, Dec. 28, 1993]