HQ 0111467 - Aircraft; Entry and Clearance; Landing Rights; 19 U.S.C. 1433; 49 U.S.C. App. 1509; 19 C.F.R. Part 122. - United States International Trade Commision Rulings

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HQ 111467

March 20, 1991

AIR-4-01 CO:R:IT:C 111467 JBW

CATEGORY: CARRIER

Mr. Daryl Schulze
Conquest Airlines
2215 Redwood
Austin, Texas 78723

RE: Aircraft; Entry and Clearance; Landing Rights; 19 U.S.C. 1433; 49 U.S.C. App. 1509; 19 C.F.R. Part 122.

Dear Mr. Schulze:

This letter is in response to your inquiry of December 18, 1990, in which you seek information on the laws and regulations administered by the Customs Service relating to your proposed air commerce activities. Specifically, Conquest Airlines intends to institute scheduled air service between the following cities:

1. San Antonio, Texas, and Monterrey, Mexico. 2. Laredo, Texas, and Monterrey, Mexico.

Civil aircraft must comply with the laws and regulations relating to the entry and clearance of vessels made applicable by regulation to aircraft. 49 U.S.C. App. 1509(c) (1988); 19 U.S.C. 1644 (1988). Customs laws require all aircraft arriving from a foreign point to report arrival, 19 U.S.C. 1433 (1988), and to make entry, 19 C.F.R. 122.41 et seq. (1990). Prior to departure to a foreign port, the aircraft must obtain Customs clearance. 19 C.F.R. 122.61 et seq. (1990). Finally, entry must be made and a permit issued before the aircraft may unlade merchandise, passengers, or baggage. 19 C.F.R. 122.38 (1990).

United States law provides for civil penalties of $5,000 for violation of entry and clearance regulations made applicable to aircraft pursuant to 49 U.S.C. App. 1509(c). 49 U.S.C. App. 1474(a)(1988). The Customs Regulations, found in 19 C.F.R. 122.161 (1990), apply this penalty, in addition to other applicable penalties, to aircraft violating provisions of 19 C.F.R. part 122 except for overages and failure to manifest narcotics and marijuana, 19 U.S.C. 1584 (1988), and for failure to report arrival, 19 U.S.C. 1436 (1988).

The Customs Regulations set out landing requirements in 19 C.F.R. 122, Subpart D. These regulations require that all aircraft entering the United States from a foreign area give advance notice of arrival unless a scheduled aircraft of a scheduled airline. 19 C.F.R. 122.31(a) & (b) (1990). The first landing of an aircraft entering the United States from a foreign area must be at an international airport. 19 C.F.R. 122.33. Laredo International Airport is designated as an international airport. 19 C.F.R. 122.13. You must obtain permission to land at San Antonio from the Regional Commissioner of Customs, Southwest Region. 19 C.F.R. 122.34.

The Customs Regulations set out the entry requirements for aircraft in 19 C.F.R. Part 122, Subpart E. These regulations state, in short, that all aircraft coming into the United States must make entry under this subpart, except public and private aircraft and aircraft traveling from airport to airport in the United States under the residue cargo and progressive clearance procedures. 19 C.F.R. 122.41. The regulations delineate the documentation requirements for aircraft entry. When the aircraft arrives, the aircraft commander or agent shall deliver the following forms:

- General Declaration, Customs Form 7507, 19 C.F.R. 122.43;
- Crew Baggage Declaration, 19 C.F.R. 122.44; - Crew List, 19 C.F.R. 122.45;
- Crew Purchase List, 19 C.F.R. 122.46;
- Stores List, 19 C.F.R. 122.47;
- Air Cargo Manifest, Customs Form 7509, 19 C.F.R. 122.48.

Individuals, upon departing from an aircraft arriving under 19 U.S.C. 1644 or 49 U.S.C. App. 1509, must report to the designated Customs facility with all articles accompanying them. 19 U.S.C. 1459(b) (1988); 19 C.F.R. 162.6. Failure to report may result in a civil penalty of $5,000 for the first offense and $10,000 for each subsequent offense and in a criminal penalty of a fine not exceeding $5,000 and imprisonment up to one year. 19 U.S.C. 1459(f) & (g). The regulations require that the aircraft commander hold the aircraft and any merchandise or baggage on the aircraft for inspection and that passengers and crew members be kept in a separate place until Customs officers authorize their departure. 19 C.F.R. 122.36.

Finally, all aircraft, except public and private aircraft, leaving the United States for a foreign area are required to clear if carrying passengers or merchandise. 19 C.F.R. 122.61. If the aircraft is departing with no commercial export cargo and is carrying only passengers for hire, then the aircraft may clear by telephone . 19 C.F.R. 122.71(a)(1). Request for telephone clearance must be made with sufficient time to permit any examination of the aircraft deemed necessary by Customs. 19 C.F.R. 122.71(b). If an aircraft is not cleared by telephone, then an air cargo manifest with a declaration that is signed by the aircraft commander or agent and states that no cargo is on board must be filed with Customs. 19 C.F.R. 122.71(a)(2). Clearance of scheduled aircraft making stops at more than one United States airport is provided for in 19 C.F.R. 122.63, but this provision does not appear applicable to your proposed itinerary.

We are including with this letter a recent paper issued by the Office of Inspection and Control that provides further information on air commerce procedures and sets out the mechanics of obtaining required authorizations. As outlined in the Inspection and Control paper, other laws relating to your proposed activities are administered by other governmental agencies. You must contact these agencies to assure compliance with these other laws.

Sincerely,

B. James Fritz
Chief

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