I get a lot of interesting emails. Recently, one email from an Asian air carrier asked whether they could accept PMA parts without 8130-3 tags, and also whether they could accept PMA parts without a “criticality statement” in block 12 of the 8130-3 tag.
This raises a lot of interesting questions — so many that I will be examining the question in two articles (so look for the next issue on your newsstands, soon) — but let’s start by examining a question that was not asked. If an aircraft part is produced in the United States (under FAA production approval), then when is it considered to be exported (from the U. S.) or imported (into another jurisdiction)?
This is a tricky question because there can be at least two different answers based upon which government agency is asking the question.
For purposes of most import and export laws, when the part crosses the international border it is imported/exported. Import duties may be owed on the part at this point — however many countries allow the tariff-free import of aircraft parts, so the part may be imported on a duty-free basis into those nations. As an importer, you should always read the fine print on your own laws. I have encountered at least one country where the import laws stated that aircraft parts entered from the United States must be accompanied by an 8130-3 tag in order to be considered for duty-free entry. So that is one example of a situation where the 8130-3 tag has some value in the regulatory system of the tax collectors (not just the airworthiness authority)!
While import and export laws may look at an aircraft at the point of a border crossing, airworthiness authorities take a different view. The part is considered imported into a new system when it is identified for installation on an aircraft of the new country’s registration. This is a totally different standard and it frequently causes confusion.
Imagine that you have an aircraft part that is made in the United States under a FAA production approval (like a PMA). The part is shipped to Japan with the intent that it be installed on a U. S.-registered aircraft currently at Narita Airport in Japan. For purposes of export law, the part is exported (but it is probably imported on a duty-free basis). An export license might be required and licensing exceptions might apply. But for the purposes of the relevant aviation authorities (FAA in the United States and JCAB in Japan), the part is not imported into the Japanese system because it is never installed on a Japanese-registered aircraft. Instead the part continues to fall within the regulatory jurisdiction of the FAA. This also means that the installer of the part must meet the requirements of 14 CFR 43.3 and 43.7 to perform the work and sign-it-off.
From a documentation perspective, this aircraft part does not require an export 8130-3 tag because it remains within the US regulatory system.
Let’s change the fact pattern a little. Assume that you have an aircraft part that is made in the United States under a FAA production approval (like a PMA), but the part is shipped to Japan with the intent that it be installed on a Japanese-registered aircraft. Once again, for purposes of export law, the part is exported. An export license might still be required and the U. S. licensing exceptions that might apply become a little more limited. But the big change is that for the purposes of the relevant aviation authorities, the part is imported into the Japanese system because it is installed on a Japanese-registered aircraft.