Supporting Law/Regulation

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 595-596]
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
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 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.
(c) Form. The air cargo manifest, Customs Form 7509, must contain
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
[[Page 596]]
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:
------------------------------------------------------------------------------------------------------------------------------------------------------Name of examining
Check No.
Description
Where from
Destination
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]