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Houston Region
Commercial Food Courier Shipments in the Passenger Environment
U.S. Customs and Border Protection (CBP) is reminding all air carriers, terminal operators, cargo service companies, and affiliated stakeholders that food courier shipments arriving through the passenger environment are subject to customs regulations under the provisions set forth in 19 C.F.R. Part 141, Entry of Merchandise.
Merchandise imported into the United States must be entered by the owner, purchaser, consignee, importer of record, or authorized agent; be supported by required entry documentation, including invoices and transportation documents; be presented to CBP for examination when required; include accurate shipper, consignee, description, quantity, value, and origin information; comply with applicable duties, taxes, fees, and other government agency requirements; and be admissible before release.
For purposes of this notification, food courier shipments are defined as shipments containing multiple packages of various food items transported by an individual with the intent to distribute the items to third parties after entry into the United States. This includes food couriers transporting merchandise for third-party owners, consignees, or recipients.
Carriers that continue to allow commercial food courier shipments to be imported through the passenger environment may, in most cases, be required to process these shipments as post-entered cargo when the passenger, acting as a courier, is unable to fully comply with CBP entry requirements.
Additionally, pursuant to 21 C.F.R. § 1.283(b), the U.S. Food and Drug Administration (FDA) requires Prior Notice for all human and animal food imported or offered for import into the United States, regardless of value or quantity, when the food is not intended for personal consumption. Prior Notice must be filed before arrival in the United States. Because Prior Notice is required before arrival, post-entry processing is not an option for food courier shipments. Food courier shipments that are not accompanied by proof of timely Prior Notice are not permitted to leave the port of entry with the individual traveler and will be subject to immediate re-exportation by the arriving carrier.
Further, if CBP determines the merchandise and/or the materials being imported is subject to other government agency regulations, CBP will require the carrier to post-enter the merchandise. As a reminder, with cargo, the carrier or an authorized agent shall be required to transmit an electronic Master Air Waybill (AWB) along with a House Air Waybill (HAWB) for each individual shipment as cargo with complete shipper, consignee, description, and value information to CBP’s Automated Commercial Entry Manifest Systems (ACE Manifest).
Carriers are hereby advised if they continue to permit such couriers to transport merchandise as passenger baggage, they should be prepared to provide additional personnel on duty to handle the workload of the post-entry processing. Air carriers are also reminded that all courier shipments arriving into Houston Airports through passenger baggage operations without a timely Prior Notice will immediately be re-exported by the carrier from which they arrived. Any additional questions pertaining to this matter should be directed to AGCHIEFSHOUSTONAIR@cbp.dhs.gov.
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