Supporting Regulations

U.S. Customs and Border Protection, DHS; Treasury
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:
Check
No.

Description

Where
from

Destination

Name of
examining 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;
CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003]

§ 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), for any
inbound aircraft required to enter
under § 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 ef-

§ 122.48a

fected 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
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

761

VerDate Mar<15>2010

16:45 Jun 06, 2012

Jkt 226060

PO 00000

Frm 00771

Fmt 8010

Sfmt 8010

Q:\19\19V1.TXT

ofr150

PsN: PC150

§ 122.48a

19 CFR Ch. I (4–1–12 Edition)

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 § 113.62(k)(2) of this chapter), the party must possess a Customs
international carrier bond containing
all the necessary provisions of § 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
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

762

VerDate Mar<15>2010

16:45 Jun 06, 2012

Jkt 226060

PO 00000

Frm 00772

Fmt 8010

Sfmt 8010

Q:\19\19V1.TXT

ofr150

PsN: PC150

U.S. Customs and Border Protection, DHS; Treasury
final digit of the 2-character code is
not a numeric value);
(iv) Airport of arrival (M) (The 3alpha 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,

§ 122.48a

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
presented to CBP in the case of a split
shipment);
(xiv) Permit to proceed information
(C) (this element includes the permitto-proceed destination airport (the 3alpha 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

763

VerDate Mar<15>2010

16:45 Jun 06, 2012

Jkt 226060

PO 00000

Frm 00773

Fmt 8010

Sfmt 8010

Q:\19\19V1.TXT

ofr150

PsN: PC150

§ 122.48a

19 CFR Ch. I (4–1–12 Edition)

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 § 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
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 3alpha 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 3alpha 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-

764

VerDate Mar<15>2010

16:45 Jun 06, 2012

Jkt 226060

PO 00000

Frm 00774

Fmt 8010

Sfmt 8010

Q:\19\19V1.TXT

ofr150

PsN: PC150

U.S. Customs and Border Protection, DHS; Treasury
proceed destination airport (the 3alpha 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).
[CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003, as
amended at CBP Dec. 08–46, 73 FR 71782, Nov.
25, 2008; CBP Dec. 09–39, 74 FR 52677, Oct. 14,
2009]

§ 122.49 Correction of air cargo manifest or air waybill.
(a) Shortages—(1) Reporting. Shortages
(merchandise listed on the manifest or
air waybill but not found) shall be reported to the port director by the aircraft commander or agent. The report
shall be made:
(i) On a Customs Form 5931, filled out
and signed by the importer and the importing or bonded carrier; or
(ii) On a Customs Form 5931, filled
out and signed by the importer alone
under § 158.3 of this chapter; or
(iii) On a copy of the cargo manifest,
which shall be marked ‘‘Shortage Declaration,’’ and must list the merchandise involved and the reasons for the
shortage.
(2) Time to file. Shortages shall be reported within the time set out in part
158 of this chapter, or within 30 days of
aircraft entry.
(3) Evidence. The aircraft commander
or agent shall supply proof of the claim
that:
(i) Shortage merchandise was not imported, or was properly disposed of; or
(ii) That corrective action was taken.
This proof shall be kept in the carrier
file for one year from the date of aircraft entry.
(b) Overages—(1) Reporting. Overages
(merchandise found but not listed on
the manifest or air waybill) shall be reported to the port director by the air-

§ 122.49

craft commander or agent. The report
shall be made:
(i) On a Customs Form 5931; or
(ii) On a separate copy of the cargo
manifest which is marked ‘‘Post
Entry’’ and lists the overage merchandise and the reason for the overage.
(2) Time to file. Overages shall be reported within 30 days of aircraft entry.
(3) Evidence. Satisfactory proof of the
reasons for the overage shall be kept
on file by the carrier for one year from
the date of the report.
(c) Statement on cargo manifest. If the
air cargo manifest is used to report
shortages or overages, the Shortages
Declaration or Post Entry must include the signed statement of the aircraft commander or agent as follows:
I declare to the best of my knowledge and
belief that the discrepancy described herein
occurred for the reason stated. I also certify
that evidence to support the explanation of
the discrepancy will be retained in the carrier’s files for a period of at least one year
and will be made available to Customs on demand.
Signature llllllllllllllllll
(Aircraft Commander or Agent)

(d) Notice by port director. The port director shall immediately notify the
aircraft commander or agent of any
shortages or overages that were not reported by the aircraft commander or
agent. Notice shall be given by sending
a copy of Customs Form 5931 to the aircraft commander or agent, or in any
other appropriate way. The aircraft
commander or agent shall make a satisfactory reply within 30 days of entry
of the aircraft or receipt of the notice,
whichever is later.
(e) Correction not required. A correction in the manifest or air waybill is
not required if:
(1) The port director is satisfied that
the difference between the quantity of
bulk merchandise listed on the manifest or air waybill, and the quantity
unladen, is the usual difference caused
by absorption or loss of moisture, temperature, faulty weighing at the airport, or other such reason; and
(2) The marks or numbers on merchandise packages are different from
the marks or numbers listed on the
cargo manifest for those packages if
the quantity and description of the
merchandise is given correctly.

765

VerDate Mar<15>2010

16:45 Jun 06, 2012

Jkt 226060

PO 00000

Frm 00775

Fmt 8010

Sfmt 8010

Q:\19\19V1.TXT

ofr150

PsN: PC150