If two or more carriers participate in a code-share arrangement for flights that merely transit locations in the United States may each of them transmit Air AMS information?

If two or more carriers participate in a code-share arrangement for flights that merely transit locations in the United States may each of them transmit Air AMS information?

The DOT does not approve code-share arrangements for two or more carriers operating code-share flights that merely transit locations in the United States.  For example, an air carrier may operate a flight that travels from Tokyo, Japan, stops in Anchorage, Alaska and proceeds to Paris, France. 

In this case, CBP port directors may permit each carrier participating in the code-share relationship to report its own cargo information without documentation of code-share approval by DOT under the following conditions.

  • When the carrier submits its advance notice of arrival or its flight schedule pursuant to 19 CFR 122.31, such notice or schedule must contain the identities of the carriers that will participate in a code-share arrangement for cargo transportation purposes. 
  
  • The carrier must submit documentation attesting that approval has been secured by the appropriate foreign government authorities that approved the code-share. 
  
  • Port directors may deny or withdraw landing rights for any such flight for any of the reasons specified in 19 CFR 122.15.
  
  • Each carrier in the code-share arrangement must be a qualified Air AMS participant in the port.  The regulations further require that air carriers participating in Air AMS possess a Customs international carrier bond containing all the provisions of 19 CFR 113.64.
   
  • The marketing carriers must provide documentation to the port director authorizing the operating carrier to act on their behalf for the purposes of presenting the cargo for any inspection requested by CBP. In addition, the bond of the operating carrier will be obligated under the provisions of part 113.64(b) requiring it to comply with all laws and regulations applicable to the unlading, safekeeping and disposition of merchandise, supplies, crew purchases, and other articles on board the aircraft and to redeliver the foregoing to CBP upon demand as may be required. 
  
  • If the required information for all cargo aboard the aircraft is not received from each of the code-share participants or if any cargo requested by CBP to be presented for inspection is not so presented, CBP may deny the permit to proceed for the aircraft to continue to the next port or clearance to depart from the United States.