arrival to one or more airports in the United States, its commander shall obtain from the district director at the airport of first arrival a permit to proceed on Customs Form 7507 allowing the aircraft to proceed from airport to airport in the United States, which shall be retained on board such aircraft while in the United States. At each airport visited, the Customs officer there, or, if there is none, the airport manager, shall make an endorsement on the back of such permit showing the name of the airport, date and time of arrival, date and time of departure, and purpose of the visit. The permit shall be surrendered to the district director at the port of final clearance for a foreign destination, who shall satisfy himself prior to the issuance of clearance that the aircraft received proper Customs treatment while in this country. The permit shall then be returned to the district director at the port of issue.

(2) A copy of the permit shall be retained by the district director at the TD 53634. port where issued. If within 60 days after the issuance of such permit the said

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district director does not receive a report of the outward clearance of the aircraft covered thereby, the matter shall be reported to the Customs agent in charge of TD 56288. the area involved for investigation.

(3) Civil aircraft of domestic origin registered in the United States and TDs 53634,55487. arriving from a foreign country with passengers carried for hire or merchandise, after proper Customs treatment of all such passengers and merchandise, may be allowed to proceed upon their identity being established. Civil aircraft of foreign origin registered in the United States and arriving from a foreign country in international traffic shall be subject to the following provisions:

(i) If such aircraft has been entered as an imported article and duty has been paid on a previous arrival, it may be permitted to proceed otherwise than as an imported article upon a declaration by the aircraft commander identifying the port, date, and number of the duty-paid entry filed upon such previous arrival.

(ii) If such aircraft has not been entered as an imported article subject TD 75-86. to duty, in addition to any other documents required in connection with a flight in continuation of the international traffic, it shall proceed under a permit to proceed on Customs Form 7507 which shall specifically identify the aircraft number, country of manufacture, name of the manufacturer, flight number, port, and date of arrival for the flight on which it arrived in the United States, and action shall be taken thereon as specified in subparagraphs (1) and (2) of this paragraph. It shall proceed without being treated as an imported article only if it is in continuous use solely in international traffic or use incidental thereto and will depart from the United States to a destination outside thereof in international traffic or in ballast. If such aircraft which has not been entered as an imported article is withdrawn from international traffic or diverted in the United States to a use other than international traffic or use incidental thereto, it shall be subject to entry as an imported article and dutiable at the rate in effect at the time of withdrawal or diversion.'

(e) Permits to unlade and lade.--A permit on Customs Form 3171 running for any period up to 1 year, but not longer than the period of the supporting bond may be issued to any and all aircraft to unlade passengers or merchandise, including baggage, or to lade merchandise or baggage during official hours. Except when a term permit has been issued and arrangements are made locally so that the proper Customs officer will be notified during official hours in advance of the rendering of the services as to the specific nature of the services desired and the exact times they will be needed, a separate application for a permit shall be filed in the case of each arrival or departure. The permit shall not be issued (previously issued term permits shall be revoked) unless the carrier complies with the provisions of section 4.30 of this chapter regarding terminal facilities and employee lists, and the required cash deposit or bond, on Customs Form 7567 or 7569, has been received.

TDs 52054, 53634, 55386, 68-247,

72-189.

(f) Special licenses to unlade and lade.--A special license on Customs Form TDs 52054, 53634, 3171 running for any period up to 1 year, but not longer than the period of the 68-247,72-189. supporting bond, may be similarly issued to any and all aircraft to unlade passengers or merchandise, including baggage, or to lade merchandise or baggage from such aircraft at night or on a Sunday or holiday when Customs supervision is required. A previously issued term special license shall be revoked unless the carrier complies with the provisions of section 4.30 of this chapter regarding terminal facilities and employee lists, and the required cash deposit or bond, on Customs Form 7567 or 7569, has been received. (See section 24.16(c) of this chapter as to private aircraft.) Separate bonds shall be required if overtime services are requested by different principals.

(g) Emergency or forced landing.--Should an emergency or forced landing be made by an aircraft coming into the United States from any place outside thereof, or into an area from a place outside the areas defined in section 6.1(c) of these

1 The United States Customs Service made the following ruling on the status of foreign aircraft wrecked while engaged in international traffic:

**If the accident results in substantial demolition of the aircraft, no entry is required and no duty accrues with respect to any portion of the wreckage. If the accident does not result in substantial demolition of the aircraft, and all salvable portions and parts of the wrecked aircraft are exported, the aircraft is not considered to have been withdrawn from international traffic so as to subject the aircraft as a whole or any portion or part thereof to regular Customs entry and duty as imported merchandise. However, if the accident does not result in substantial demolition of the aircraft and the wrecked aircraft or any salvable portion or part thereof is not exported, an entry is required for the retained damaged aircraft, or salvable portion or part, as the case may be, and duties will be assessed thereon in accordance with its condition immediately after the casualty." T.D. 55063(1), March 4, 1960.

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TDs 51595, 53634, 54544, 55468,

55876,

TD 55487.

TDs 45824, 50464, 52054, 53634, 76-41.

TDs 53634, 54653, 55487.

TDs 53634, 55354, 55876, 76-41.

regulations, or while traveling from airport to airport in the areas of the United States under a permit to proceed (see section 6.9(b) of these regulations), the aircraft commander shall not allow any merchandise, baggage, passengers, or crew members not previously cleared by Customs or other applicable Government agency to be removed, or to depart from the landing place without permission of a Customs officer, unless such removal or departure is necessary for purposes of safety, communication with Customs authorities, or the preservation of life, health, or property. As soon as practicable, the aircraft commander, or a member of the crew in charge, or the owner of the aircraft, shall communicate with the Customs officer at the intended place of first landing or at the nearest international airport or other Customs port of entry in that area and make a full report of the circumstances of the flight and of the emergency or forced landing. When an aircraft carrying precleared crew, passengers and baggage or merchandise lands for any reason at an airport in the United States other than the scheduled or intended port of arrival, written notice must be received from the airline representative or aircraft commander both at the Customs office at the place of preclearance and at or for the place of intended landing within seven days, unless notice is otherwise given in accordance with a procedure previously agreed to with the carrier by the district director involved. Mail carried as such may be removed from such aircraft upon making an emergency or forced landing, but if so removed shall be delivered at once to a responsible officer or employee of the Postal Service. (Sec. 14, 67 Stat. 516; 19 U.S.C. 1322.)

6.3 Entry and clearance.--(a) Aircraft coming into any area from any place outside the United States shall be entered in such area if landing is made therein and if carrying passengers for hire or commercial cargo (see sec. 6.7). Aircraft utilized by members of air travel clubs, whether such aircraft be owned or chartered by the air travel clubs, shall be treated as carrying passengers for hire. Aircraft proceeding from one area into another shall be entered in the latter area if landing is made therein and if carrying residue cargo. Aircraft not required to enter under this paragraph are subject to other Customs requirements (see sec. 6.2).

(b) Entry shall be made by the aircraft commander, or by any other authorized agent of the owner or operator of the aircraft (hereinafter referred to as an authorized person), at the international airport at which the first landing is made in the area. If, pursuant to section 6.2 (a), the first landing occurs at a place not an international airport, entry shall be made at the nearest international airport or Customs port of entry, unless some other place is designated for that purpose. (c) Aircraft departing from an area for foreign territory carrying passengers for hire or merchandise, or to take aboard or discharge persons or merchandise anywhere outside the United States or carrying residue cargo from one to another area shall be cleared in the area from which departing. Aircraft utilized by members of air travel clubs, whether such aircraft be owned or chartered by the air travel clubs, shall be treated as carrying passengers for hire. In accordance with provisions of regulations of the Bureau of the Census (15 CFR Part 30), any aircraft not otherwise required to clear which is carrying merchandise from one to another area, or from an area to any possessions of the United States, must obtain permission to depart (see section 6.8 of these regulations). If an aircraft is departing on a flight from the United States and is not required to clear under the preceding provisions of this paragraph, it must, nevertheless, obtain Customs clearance if by reason of the foreign destination of the aircraft a validated license from the Bureau of International Commerce is required by section 370.2 of the Export Control Regulations (15 CFR 370.2). Aircraft not under the export licensing authority of the Department of Commerce are

La Section 431, Tariff Act of 1930, as amended (19 U. S. C. 1431): "(b) Whenever a manifest of articles or persons on board an aircraft is required for customs purposes to be signed, or produced or delivered to a customs officer, the manifest may be signed, produced, or delivered by the pilot or person in charge of the aircraft, or by any other authorized agent of the owner or operator of the aircraft, subject to such regulations as the Secretary of the Treasury may prescribe. If any irregularity of omission or commission occurs in any way in respect of any such manifest, the owner or operator of the aircraft shall be liable for any fine or pealty prescribed by law in respect of such irregularity."

2 Information regarding requirements under the regulations of the Departments of Commerce or State for licensing of aircraft departing from the United States, whether for temporary sojourn abroad or for export, may be obtained at any customhouse. Attention is specifically directed to section 371,25, Export Regulations, (15 CFR 371,25) which excepts departures of certain United States civil aircraft to certain destinations, including Cuba, from general license GATS thereby requiring a validated license for such a flight. For licensing procedure for articles enumerated in the United States Munitions List, see 22 CFR Part 123.

subject to the export licensing authority of the Department of State and are specified in Category X in the United States Munitions List (22 CFR Part 121). Such aircraft may depart from the United States only under appropriate Department of State license whether or not subject to clearance under this section.2

(d) The clearance or permission to depart shall be obtained by the aircraft TDs 53634, 55876. commander or an authorized person at the Customs port of entry (whether or not an international airport) at or nearest the place of last take-off from the area, unless some other place is designated for that purpose by the district director of Customs.

(e) This section shall not apply to the entry of aircraft of scheduled airlines TDs 53634, 55876. complying with the terms of section 6.4 nor to the clearance or departure of such aircraft complying with the terms of section 6.5, nor to the clearance of any aircraft holding a permit issued by the Secretary of Commerce authorizing departure

without clearance.

6.4 Entry of aircraft of scheduled airlines.--(a) Aircraft operated by sched- CIE 80/54; uled airlines coming into any area from any place outside the United States shall TDs 50464, 53634. be entered in the area of first landing.

(b) Aircraft operated by scheduled airlines coming from one area into another TDs 52902, 53634. area shall be entered therein if carrying residue cargo (sec. 6.9).

(c) Entry required by this section in an area shall be made at the place of land- TD 53634. ing provided for under section 6.2.

6.5 Clearance of aircraft of scheduled airlines.--(a) Aircraft operated by TDs 50464, 53634. scheduled airlines departing for any place outside the United States may clear from the area of departure, but clearance shall be mandatory only during any period covered by a proclamation of the President that a state of war exists between foreign nations, or the aircraft is-

(1) beginning a flight in that area; or

(2) carrying from that area merchandise which must be listed in its general

clearance declaration (sec. 6.8).

(b) Aircraft operated by scheduled airlines departing from one to another area TDs 50503, 52902, shall clear in the area from which departing if carrying residue foreign cargo, 53634, 55876. and, when clearance is not required, if transporting merchandise from one to another area or from an area to possessions of the United States shall obtain permission to depart from the district director of Customs when required for the purposes of regulations of the Bureau of the Census (15 CFR Part 30).

(c) Clearance required by this section or permission to depart may be obtained TDs 53634, 55876. by the aircraft commander or an authorized person at the Customs port of entry (whether or not an international airport) at or nearest each place at which merchandise or passengers, or both, are taken aboard for discharge beyond the area. In such case, the clearance, or permission to depart, shall be limited to the passengers and merchandise taken aboard at such place. Otherwise clearance, or permission to depart, shall be obtained at the Customs port of entry (whether or not an international airport) at or nearest the place of last take-off in the area unless some other place is designated by the district director of Customs.

6.6 Documents: form.--(a) The forms described in sections 6.7 and 6.8 shall TDs 52018, 52967, be the primary documents required for entry and clearance of aircraft. The forms 53634, 54482, 56439. shall be approximately but not to exceed 8-1/2" wide and 14" long and shall be on white bond paper that will not discolor or become brittle within 20 years. If these forms are dittoed or if the entries on them are to be dittoed, the paper must be substance 40, 17" x 22", 1,000-sheet basis; if printed or typewritten, at least 25% rag, substance 26, 17" x 22", 1,000-sheet basis. These forms and the entries thereon must be dittoed, typewritten, or printed with ink or dye that will not fade or "feather" within 20 years. The forms to be used for the entry and clearance of the aircraft, passengers, crew members, and merchandise carried thereon shall be forms approved by the Commissioner of Customs. If a document or the entries thereon are in a foreign language, a translation in English shall be furnished with the original and with each copy.

(b) The Customs forms described in sections 6.7 and 6.8 are in the English TDs 53634, 54482, language and are obtainable from district directors of Customs upon payment by 56439. the owner or operator of the aircraft. These forms may be printed or dittoed by private parties, provided the forms so printed or dittoed conform to the official forms currently in use, with respect to size, wording, arrangement, style and size of type, and paper specifications. A small quantity of each of the forms shall be set aside by district directors of Customs for free distribution and official use. (c) Customs officers shall accept an inward or outward air cargo manifest TD 74-97. covering containerized or palletized cargo which indicates by the use of appro

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