(a) Passenger or crew member’s baggage not claimed at the customs inspection area shall be retained by the carrier and placed in a safe place within the inspection area at the airport. Unclaimed baggage which is required to be stored in another location due to inadequate storage facilities within the inspection area of the airport, may be transferred by an authorized representative of the carrier liable for the security of the unclaimed baggage; provided however, the representative of the carrier obtains approval of the customs division and the shipper accepts the condition that spoilage and/or damage to the cargo is the liability of the shipper. Cargo released to the carrier or terminal operator shall not be opened by the carrier or terminal operator. The customs division shall have the right to take into custody any part of or all unclaimed baggage when a customs officer has probable cause to believe that the baggage contains taxable, prohibited or restricted merchandise. The customs officer may open and inspect such baggage in the presence of a representative of the carrier, even if the passenger or crew member is not present.
(b) Any baggage not claimed within 90 days of the date of entry, shall be returned to the point of origin by the carrier liable for the baggage.History: 2008, PL 30-36.