Using an 8130-3 Tag With “Domestic Shipment Only” as Part of the Traceability

An ASA member recently asked whether an 8130-3 with the statement “domestic shipment only” may be included with a shipment for export as a traceability document (only).  The statement of the problem made it clear that the “domestic shipment only” document was only a part of the historical documentation for the part, and was not a part of the export documentation issued by the United States to meet the import requirements of certain foreign nations (particularly as agreed under certain bilateral aviation safety agreement); any documentation required by the importing nation (like an export 8130-3 tag) was completed separately.

First of all, in my opinion no one should be putting the statement “domestic shipment only” on an 8130-3 tag. The statement adds nothing, is not required, and causes confusion.   The statement crept into an earlier version of the 8130.21 instructions and when it was removed from the 8130.21 instructions, FAA employees admitted that the for “domestic shipment only” instruction had been an error. It was intended to show that the 8130-3 tag was only certifying domestic airworthiness and nothing else, but it was never intended to mean that the part could not be exported – it was only a limit on the scope of the 8130-3 tag to show that the 8130-3 was not certifying compliance to any foreign special import requirement.

But more to the point, the “domestic shipment only” 8130-3 that we are talking about is included in the shipment for commercial purposes only and is not a required element of the export documentation. There are a number of reasons for this conclusion but the most important reason is that the export 8130-3 tag, which is a separate document, is usually the only airworthiness document required by the import regulations of our trading partners (and no other airworthiness document is required or recommended for export under FAA regulations).

If you have an 8130-3 tag that has this “domestic shipment only” statement on it, and you obtain separate export documentation acceptable to the importing nation for export purposes, then this statement on an 8130-3 tag should not inhibit export of that part.

Please do not confuse this statement in the remarks block of an 8130-3 tag with a warning about export limitations on the article itself. Remarks in block 13 are not export limitations on the part because the FAA does not have the authority to impose export limitations through a legend on the 8130-3 tag.  There are export rules that may limit export of certain parts (including limits that impose licensing requirements prior to export of certain parts to certain destinations), and those rules should be heeded; but those export limitations will be based on US export laws which are not administered by the FAA, and which often will not be known to a designee that completes the 8130-3 tag.

So the answer is “Yes.”  If you have a traceability document that states “domestic shipment only” in the remarks block of the 8130-3 tag, and that document it is not part of the current export documentation, then it does not inhibit the part from being exported.  All it tells you is that the prior designee did not check any particular special export condition from a destination country.  It does not limit a future designee from checking for special conditions and issuing a subsequent 8130-3 tag for export purposes.


About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. He represents several aviation trade associations, including the Aviation Suppliers Association, the Aircraft Electronics Association, the Air Carrier Purchasing Conference, and the Modification and Replacement Parts Association. He also represents private clients drawn from the spectrum of the aviation industry.

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