---
kind: "section"
citation: "19 C.F.R. § 122.162"
title: "19"
number: "122.162"
heading: "Failure to notify and explain differences in air cargo manifest."
url: "https://uscodex.org/cfr/19/122.162"
---

# §122.162. Failure to notify and explain differences in air cargo manifest.

- (a) **Application.** Penalties shall be assessed if differences in an air cargo manifest (overages or shortages) are discovered and:
  - (1) The required notice and explanation are not made in time;
  - (2) The port director is not satisfied that the differences were caused by clerical error or other mistake;
  - (3) There has been a loss of revenue to the U.S.; or
  - (4) The port director is not satisfied that there was a valid reason for delay in reporting any differences.
- (b) **Definition.** Under this section, “clerical error or other mistake” means a non-negligent, inadvertant, or typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest.
- (c) **Repeated differences.** If repeated differences are found in manifests filed by the same person, it may be determined that the differences were a result of negligence and not clerical error or other mistake.
- (d) **Knowledge.** A penalty may be assessed for differences in a manifest that are unknown to the aircraft commander or owner.

## Notes

### Amendments

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]

### Authority

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1415, 1431, 1433, 1436, 1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note. Section 122.22 is also issued under 46 U.S.C. 60105. Section 122.48b also issued under 49 U.S.C. 44901 note. Section 122.49a also issued under 8 U.S.C. 1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. Section 122.49b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. Section 122.49c also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114, 44909. Section 122.49d also issued under 49 U.S.C. 44909(c)(3). Section 122.75a also issued under 8 U.S.C. 1221, 19 U.S.C. 1431. Section 122.75b also issued under 8 U.S.C. 1221, 19 U.S.C. 1431, 49 U.S.C. 114.

### Source

Source: T.D. 88-12, 53 FR 9292, Mar. 22, 1988, unless otherwise noted.

### Amendments

[T.D. 88-12, 53 FR 9292, Mar. 22, 1988, as amended by T.D. 99-64, 64 FR 43266, Aug. 10, 1999]