19 Cfr 122.52

§ 122.51

19 CFR Ch. I (4–1–12 Edition)

proprietor cannot accept the goods because they are required by law to be
exported or destroyed (see § 127.28 of
this chapter), or for other good cause,
the goods will remain in the custody of
the arriving carrier or other party to
whom the goods have been transferred
under a Customs-authorized permit to
transfer or in-bond entry. In this event,
the carrier or other party will be responsible under bond for exporting or
destroying the goods, as necessary (see
§§ 113.63(c)(3) and 113.64(b) of this chapter).
(f) In ports where there is no bonded
warehouse authorized to accept general
order merchandise, or if merchandise
requires specialized storage facilities
that are unavailable in a bonded facility, the port director, after having received notice of the presence of
unentered merchandise or baggage in
accordance with the provisions of this
section, shall direct the storage of the
merchandise by the carrier or by any
other appropriate means.
(g) Merchandise taken into the custody of the port director pursuant to
section 490(b), Tariff Act of 1930, as
amended (19 U.S.C. 1490(b)), shall be
sent to a general order warehouse after
1 day after the day the aircraft arrived,
to be held there at the risk and expense
of the consignee.
[T.D. 98–74, 63 FR 51288, Sept. 25, 1998, as
amended by T.D. 02–65, 67 FR 68033, Nov. 8,
2002]

Subpart F—International Traffic
Permit
§ 122.51 Aircraft of domestic
registered in the U.S.

origin

After Customs inspection of the aircraft, passengers, baggage and merchandise at the entry airport, commercial aircraft of domestic origin registered in the U.S. may be allowed to
proceed to other airports in the U.S.
without permit.
§ 122.52 Aircraft of foreign origin registered in the U.S.
(a) Application. This section applies
to commercial aircraft (as defined in
§ 122.1(d)) of foreign origin registered in
the U.S. and arriving in the U.S. from
a foreign area.

(b) Aircraft entered as an imported article. If an aircraft covered by this section is entered as an imported article,
and any applicable duty for the aircraft
has been paid on a prior arrival, it may
be allowed to proceed as other than an
imported article. In this instance, the
aircraft commander must file a declaration that states the:
(1) Port where entry was made;
(2) Date duty, if any, was paid; and
(3) Number of the entry.
(c) Aircraft not entered as imported article—(1) Treatment as other than an imported article. A commercial aircraft
covered by this section which has not
been entered as an imported article
may travel from airport to airport in
the U.S. without payment of duty.
Each commercial aircraft shall proceed
under a permit on Customs Form 7507
or 7509, as provided in § 122.54. Treatment of the aircraft as other than an
imported article shall continue for so
long as the aircraft:
(i) Is used only for commercial purposes between the U.S. and foreign
areas; and
(ii) Will leave the U.S. for a foreign
destination in commercial use or carrying neither passengers nor cargo.
(2) Treatment as an imported article.
Any aircraft covered by this section
which was not entered as an imported
article shall make entry if it:
(i) Is withdrawn from commercial use
between the U.S. and foreign areas; or
(ii) Is used in the U.S. in a way not
reasonably related to efficient commercial use of the aircraft between the
U.S. and foreign areas.
(3) Aircraft damage and duty payment—(i) Substantial damage to commercial aircraft. If an accident causes substantial damage to a commercial aircraft, no entry or duty payment is required for any part of the wreckage.
(ii) Less than substantial damage and
export. If an accident does not cause
substantial damage to a commercial
aircraft, salvageable parts of the
wrecked aircraft may be exported. In
this circumstance, the aircraft, as a
whole or in part, is not considered to
be withdrawn from commerical use and
is not subject to entry or to duty as
imported merchandise.
(iii) Less than substantial damage and
no export. If an accident does not cause

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U.S. Customs and Border Protection, DHS; Treasury
substantial damage to a commercial
aircraft and the wrecked aircraft or
any salvageable part of it is not exported, then:
(A) Entry is required to be made for
the damaged aircraft or any salvageable part of it; and
(B) A duty payment, if applicable,
based on the condition of the aircraft
following the accident, is required.
§ 122.53 Aircraft of foreign registry
chartered or leased to U.S. air carriers.
Aircraft of foreign registry leased or
chartered to a U.S. air carrier, while
being operated by the U.S. air carrier
under the provisions of the Federal
Aviation Administration regulations
(14 CFR 121.153), shall be treated as
U.S. registered aircraft for purposes of
this subpart.
§ 122.54

Aircraft of foreign registry.

(a) Application. For any commercial
aircraft of foreign registry arriving in
the U.S., the aircraft commander or
agent shall file for an international
traffic permit when the aircraft;
(1) Is not an imported article; and
(2) Is ferried (proceeds carrying neither passengers nor cargo) from the
airport of first arrival to one or more
airports in the U.S. (For permit to proceed with residue cargo, passengers, or
crewmembers for discharge in the U.S.,
see subpart I of this part).
(b) International traffic permit. The
international traffic permit shall be
filed on Customs Form 7507 by the carrier or its agent. Customs Form 7509
may be used if the aircraft arrives directly from Canada on a flight beginning in Canada and ending in the U.S.
Either form shall show the following
information and must be approved by
the appropriate Customs officer:
(1) Type of aircraft;
(2) Nationality and registration number of aircraft;
(3) Name and country of aircraft
manufacturer;
(4) Name of aircraft commander;
(5) Country from which aircraft arrived;
(6) Name and location of airport
where international traffic permit is
issued;

§ 122.61

(7) Date international traffic permit
is issued;
(8) Name and location of airport to
which aircraft is proceeding;
(9) Purpose of stay in the U.S.;
(10) Signature of Customs officer giving permit.
(c) Permit on board. The international
traffic permit shall be kept on board
the aircraft while in the U.S.
(d) Intermediate airports. For each airport at which the aircraft lands, the
Customs officer, or airport manager if
there is no Customs officer present,
shall note the following information on
the permit:
(1) Name and location of the airport;
(2) Date and arrival time;
(3) Purpose of the visit;
(4) Name and location of the next airport to be visited; and
(5) Date and time of departure.
(e) Final airport. The international
traffic permit shall be given to the Customs officer in charge at the airport of
final clearance for a foreign destination. Before clearance is given, the
Customs officer shall make sure that
the aircraft was properly inspected by
Customs in the U.S.
(f) Port of issue. The international
traffic permit shall be returned after
final clearance to the director of the
port where the permit was issued, to be
kept on file.
(g) Enforcement. Once the permit to
proceed has been issued for an aircraft,
the director of the port of issue must
receive notice that the aircraft has
made final clearance. If notice is not
received within 60 days, the port director shall report the matter to the Customs agent in charge of the area for investigation.

Subpart G—Clearance of Aircraft
and Permission To Depart
§ 122.61

Aircraft required to clear.

(a) Private aircraft leaving the
United States as defined in § 122.22, for
a foreign area are required to clear as
set forth in § 122.26. All other aircraft,
except for public aircraft leaving the
United States for a foreign area, are required to clear if:
(1) Carrying passengers and/or merchandise for hire; or

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