TD 72-211. the forms so printed conform to the official Customs forms in size (except that the Customs Form 7527-A may be reduced in size to not less than 11" x 8-1/2"), wording, arrangement, style, size of type, and paper specifications. Forms not complying with the requirements of this section are not acceptable without the specific approval of the Commissioner of Customs. If instructions are printed on the reverse of any of the official Customs forms, such instructions may be omitted (although such instructions must be followed). 4.100 Licensing of vessels of less than 30 net tons.--(a) The application for a license to import merchandise in a vessel of less than 30 net tons in accordance with section 6, Anti-Smuggling Act of August 5, 1935, shall be addressed to the Secretary of the Treasury and delivered to the district director of the district in which are located the ports where foreign merchandise is to be imported in such vessel. (b) The application shall contain the following information: (1) Name of the vessel, rig, motive power, and home port. (3) Name and address of the master. (5) Kind of merchandise to be imported. (6) Country or countries of exportation. (7) Ports of the United States where the merchandise will be imported. (8) Whether the vessel will be used to transport and import merchandise from a hovering vessel. (9) Kind of document under which the vessel is operating. (c) If the district director finds that the applicant is a reputable person and that the revenue would not be jeopardized by the issuance of a license, he may issue the license for a period not to exceed 12 months, incorporating therein any special conditions he believes to be necessary or desirable, and deliver it to the licensee. (d) The master or owner shall keep the license on board the vessel at all times and exhibit it upon demand of any duly authorized officer of the United States. This license is personal to the licensee and is not transferable. (e) The Secretary of the Treasury or the district director in whose office the license was issued may revoke the license if any of its terms have been willfully or intentionally violated or for any other cause which may be considered prejudicial to the revenue or otherwise against the interest of the United States. CR-96 Part 5.--CUSTOMS RELATIONS WITH CONTIGUOUS FOREIGN TERRITORY Revised & Adopted as Part 123. Pages CR-99 through CR-110 are deleted. Authority: Sections 6.1 to 6.24 issued under R. S. 161, as amended, 251, sec. TD 54871, 624, 46 Stat. 759, secs. 904, 1109, 72 Stat. 787, 799, as amended; 5 U. S. C. 22, 19 U. S. C. 66, 1624, 49 U. S. C. 1474, 1509. Additional authority is cited in parentheses following the sections affected. 6.1 Scope and definitions.--(a) The regulations in this part shall not be TDs $2706, 53634, applicable in the islands of Guam, Midway, American Samoa, Wake, Kingman 53933, 75-86, Reef, and Johnston Island and other insular possessions not specified herein. The regulations shall be applicable to aircraft flying to and from the Virgin Islands of the United States in accordance with section. 6.25. (b) The term "United States" when used in a geographical sense means the TD 53634. territory comprising the several States, Territories, possessions, and the District of Columbia, including the territorial waters thereof and the overlying air space, but shall not include the Canal Zone. (c) The term "area" shall mean either one of the following: (1) The States and the District of Columbia, (2) Puerto Rico. TDs 53634,55876. (d) The term "aircraft" means civil aircraft, that is, any aircraft not used TD 53634. exclusively in the governmental service of the United States or a foreign country, and includes any government-owned aircraft engaged in carrying persons or property for commercial purposes. (e) The term "aircraft commander' means the person serving on the air- TD 53634. craft having charge or command of its operation and navigation. (f) The term scheduled airline" means any individual, partnership, cor- TDs 53634, 54871. poration, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from area to area, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board. (g) The term "authorized person" (authorized agent of an owner or operator) TD 53743. means any person who by written authority, satisfactory to the District Director of Customs, has been designated to act for and in the place of an owner or operator of a scheduled airline or who by power of attorney has been authorized to act for and in the place of an owner or operator of a nonscheduled airline. (h) The term "international airport" means any airport designated by the TD 53634. Secretary of the Treasury or the Commissioner of Customs as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried on such aircraft, by the Attorney General as a port of entry for aliens arriving on such aircraft, and by the Secretary of Health, Education, and Welfare as a place for quarantine inspection. 6.2 Landing requirements.--(a) Place of landing.-- Every aircraft coming into any area from any place outside thereof shall land in such area unless exempted from this requirement by the Administrator of the Federal Aviation Agency, Washington, D.C. 20553. The first landing shall be at an international airport unless permission to land elsewhere shall first be granted, except that such permission is not required for an emergency or forced landing or with respect to the procedure prescribed in paragraph (b) of this section, relating to private aircraft arriving from south of the United States. In the case of scheduled aircraft operated TDs 49282, 50464, 51595, $1674, 51741, 52054, 52355, 52706, 53634, 54653, 54871, 56181, 74-94, 75–201. CR-111 TD 74-94. TD 52995, 53634, 54244, 75-201. TDs 53634, 75-201. TD 75-201. TD 75-201. TD 75-201. TD 75-201. TD 53634. TDs 53065, 53634, 56288, 75-86. by scheduled airlines, such permission shall be granted by the regional commissioner of Customs, or his designee, of the region where the place of the first landing will occur, and in all other cases by the district director or other Customs officer in charge at the port of entry of Customs station nearest the intended place of first landing. For procedure to be followed in the case of emergency or forced landing, see paragraph (g) of this section. When permission is granted to land elsewhere than at an international airport, the Public Health Service, the Immigration and Naturalization Service, the Animal and Plant Health Inspection Service, and any other Agency likely to be concerned with the landing shall be immediately notified by the Customs officer granting the permission. In cases where such permission is given, the owner, operator, or person in charge of the aircraft shall pay the additional expenses, if any, incurred in inspecting the aircraft, passengers, employees, and merchandise, including baggage, carried therein. When such permission is granted to a scheduled airline to land aircraft operating on a schedule, no inspection charge shall be made except for overtime service performed by Customs officers. (b) Advance notice of arrival.--(1) Applicability. All aircraft, except as provided in subparagraph (3) of this paragraph, before coming into any area from any place outside the United States, for security reasons, and in order to avoid the penalties provided for in section 6.11, shall furnish a timely notice of intended arrival, either by or at the request of the commander of the aircraft, through the Federal Aviation Administration flight notification procedures or directly to the district director or other Customs officer in charge at the nearest intended place of first landing in such area. That officer shall notify the officers in charge of the other Government services. In the case of private aircraft passing through the zone referred to in paragraph (a) of section 6.14 and crossing into the United States within that zone, advance notice shall be furnished in accordance with the procedure prescribed in section 6.14. (2) Furnishing advance notice. When, by reason such as departure from a remote place, dependable facilities for giving notice are not available, a landing shall be made at a place where the necessary facilities do exist before coming into any area from any place outside the United States. However, radio equipment of the plane may be used if this will result in the giving of adequate and timely notice. (3) Exception for scheduled airline to the requirement of giving advance notice. Advance notice shall not be required in the case of aircraft of a scheduled airline arriving in accordance with a regular schedule filed with the district director for the district in which the place of first landing is situated. (4) Contents of advance notice. The advance notice of arrival shall specify the following: (i) Type of aircraft and registration marks; (ii) Name of aircraft commander; (iii) Place of last departure; (iv) International airport of intended landing or other place at which landing has been authorized by Customs; (v) Number of alien passengers; (vi) Number of citizen passengers; and (vii) Estimated time of arrival. (5) Timeliness of advance notice. The advance notice must be received by Customs in sufficient time to enable the officers designated to inspect the aircraft to reach the international airport or such other place of first landing prior to the arrival of the aircraft, except as provided in section 6.14. (6) Responsibility of aircraft commander upon landing. If, upon landing in any area the aircraft commander finds that United States Government inspection officers have not arrived, the commander shall hold the aircraft and any merchandise, including baggage, thereon intact and keep the passengers and crewmembers in a segregated place until the inspection officers arrive. (c) Permission to discharge or depart.--No aircraft arriving in the United States from any place outside thereof, or in an area from another area carrying residue foreign cargo (see sec. 6.9) shall depart from the place of landing, or discharge any passengers or merchandise, including baggage, without receiving permission from the Customs officers in charge. (d) Permit to proceed--foreign aircraft.--(1) Aircraft are subject to Customs entry when brought in for repairs or when otherwise treated as imported articles. Before an aircraft which is not treated as an imported article, which is registered in a foreign country, and which arrives in the United States carrying passengers for hire or merchandise is ferried (proceeds in ballast) from the airport of first CR-112 |