19 Cfr 122.41

§ 122.41

19 CFR Ch. I (4–1–12 Edition)

any inbound or outbound flight, with
respect to which Customs and Border
Protection (CBP) has not received the
advance electronic cargo information
required, respectively, under § 122.48a
or 192.14(b)(1)(ii) of this chapter (see
paragraph (g) of this section).
(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
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.’’
(g) Advance receipt of electronic cargo
information. The CBP will not issue a
permit to unlade or lade cargo upon arrival or departure of an aircraft, and a
term permit or special license already

issued will not be applicable to any inbound or outbound flight, with respect
to which CBP has not received the advance electronic cargo information required, respectively, under § 122.48a or
192.14 of this chapter. In cases in which
CBP does not receive complete cargo
information in the time and manner
and in the electronic format required
by § 122.48a or 192.14 of this chapter, as
applicable, CBP may delay issuance of
a permit or special license to unlade or
lade cargo, and a term permit or special license to unlade or lade already
issued may not apply, until all required
information is received. The CBP may
also decline to issue a permit or special
license to unlade or lade, and a term
permit or special license already issued
may not apply, with respect to the specific cargo for which advance information is not timely received electronically, as specified in § 122.48a or
192.14(b)(1)(ii) of this chapter.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by T.D. 94–2, 58 FR 68526, Dec. 28,
1993; CBP Dec. 03–32, 68 FR 68170, Dec. 5, 2003]

Subpart E—Aircraft Entry and Entry
Documents; Electronic Manifest Requirements for Passengers, Crew Members, and
Non-Crew Members Onboard
Commercial Aircraft Arriving
In, Continuing Within, and
Overflying the United States
§ 122.41

Aircraft required to enter.

All aircraft coming into the United
States from a foreign area must make
entry under this subpart except:
(a) Public and private aircraft;
(b) Aircraft chartered by, and transporting only cargo that is the property
of, the U.S. Department of Defense
(DoD), where the DoD-chartered aircraft is manned entirely by the civilian
crew of the air carrier under contract
to DoD; and
(c) Aircraft traveling from airport to
airport in the U.S. under subpart I, relating to residue cargo procedures.
[T.D. 88–12, 53 FR 9292, Mar. 22, 1988, as
amended by CBP Dec. 03–32, 68 FR 68170, Dec.
5, 2003]

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