[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR122.49]



[Page 603-604]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 122_AIR COMMERCE REGULATIONS--Table of Contents

 

Subpart E_Aircraft Entry and Entry Documents; Electronic Manifest Requirements

for Passengers, Crew Members, and Non-Crew Members Onboard Commercial Aircraft 

Arriving In, Continuing Within, and Overflying the United States 

 

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.



[[Page 604]]



    (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 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]