[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR122.49]

[Page 542-543]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 122--AIR COMMERCE REGULATIONS--Table of Contents
 
              Subpart E--Aircraft Entry and Entry Documents
 
Sec. 122.49  Correction of air cargo manifest or air waybill.

    (a) Shortages--(1) Reporting. Shortages (merchandise listed on the 
manifest or air waybill but not found) shall be reported to the port 
director by the aircraft commander or agent. The report shall be made:
    (i) On a Customs Form 5931, filled out and signed by the importer 
and the importing or bonded carrier; or
    (ii) On a Customs Form 5931, filled out and signed by the importer 
alone under Sec. 158.3 of this chapter; or
    (iii) On a copy of the cargo manifest, which shall be marked 
``Shortage Declaration,'' and must list the merchandise involved and the 
reasons for the shortage.
    (2) Time to file. Shortages shall be reported within the time set 
out in part 158 of this chapter, or within 30 days of aircraft entry.
    (3) Evidence. The aircraft commander or agent shall supply proof of 
the claim that:
    (i) Shortage merchandise was not imported, or was properly disposed 
of; or
    (ii) That corrective action was taken. This proof shall be kept in 
the carrier file for one year from the date of aircraft entry.
    (b) Overages--(1) Reporting. Overages (merchandise found but not 
listed on the manifest or air waybill) shall be reported to the port 
director by the aircraft commander or agent. The report shall be made:
    (i) On a Customs Form 5931; or
    (ii) On a separate copy of the cargo manifest which is marked ``Post 
Entry'' and lists the overage merchandise and the reason for the 
overage.
    (2) Time to file. Overages shall be reported within 30 days of 
aircraft entry.
    (3) Evidence. Satisfactory proof of the reasons for the overage 
shall be kept on file by the carrier for one year from the date of the 
report.
    (c) Statement on cargo manifest. If the air cargo manifest is used 
to report shortages or overages, the Shortages Declaration or Post Entry 
must include the signed statement of the aircraft commander or agent as 
follows:

    I declare to the best of my knowledge and belief that the 
discrepancy described herein occurred for the reason stated. I also 
certify that evidence to support the explanation of the discrepancy will 
be retained in the carrier's files for a period of at least one year and 
will be made available to Customs on demand.

Signature_______________________________________________________________
(Aircraft Commander or Agent)

    (d) Notice by port director. The port director shall immediately 
notify the aircraft commander or agent of any shortages or overages that 
were not reported by the aircraft commander or agent. Notice shall be 
given by sending a copy of Customs Form 5931 to the aircraft commander 
or agent, or in any other appropriate way. The aircraft commander or 
agent shall make a satisfactory reply within 30 days of entry of the 
aircraft or receipt of the notice, whichever is later.
    (e) Correction not required. A correction in the manifest or air 
waybill is not required if:
    (1) The port director is satisfied that the difference between the 
quantity of bulk merchandise listed on the manifest or air waybill, and 
the quantity unladen, is the usual difference caused by absorption or 
loss of moisture, temperature, faulty weighing at the airport, or other 
such reason; and
    (2) The marks or numbers on merchandise packages are different from 
the marks or numbers listed on the cargo manifest for those packages if 
the quantity and description of the merchandise is given correctly.
    (f) Statutes applicable. If an aircraft arrives in the U.S. from a 
foreign area with merchandise and unaccompanied baggage for which a 
manifest or air

[[Page 543]]

waybill must be filed, section 584 (concerning manifest violations), 
Tariff Act of 1930, as amended (19 U.S.C. 1584, applies.

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 98-74, 63 FR 
51288, Sept. 25, 1998]