RULE: 2.8A - CARGO DECLARATION RULE Eff: 24FEB2009

Effective 24FEB2009
Filed 24FEB2009
Filing Codes IR

A. SUBMISSION OF CARGO DECLARATION DATA; DEAD LINE FOR SAME:
   Danmar Lines Ltd. (a d/b/a of Danzas Corporation) is an
   Automated Manifest System ("AMS") qualified NVOCC,
   (hereinafter "NVOCC-Carrier"), which is authorized to
   submit cargo manifest declarations electronically
   directly to U.S. Customs for shipments inbound into the
   United States.  Pursuant to U.S. Customs regulations
   effective December 2, 2002, NVOCC-Carrier is required to
   submit certain cargo declaration data for all cargo on
   board a vessel that will call in the United States for
   discharge of U.S. import cargo, and foreign destination
   cargo remaining on board the vessel, to the U.S. Customs
   Service not later than 24 hours prior to the time the
   cargo is loaded on a vessel in the non-U.S. port of
   loading.  In order to enable NVOCC-Carrier to comply with
   this requirement, except as provided in paragraph B of
   this rule, any person, including NVOCCs who are not AMS
   qualified, tendering cargo to NVOCC-Carrier that is to be
   transported to the United States or that will be on a
   vessel when that vessel calls in the United States, even
   though destined to a non-United States destination, must
   submit the following information regarding such cargo to
   NVOCC-Carrier in writing, including by electronic
   transmission, not later than 48 hours prior to the cutoff
   time for delivery of cargo to be loaded on the vessel.
   It is the responsibility of Shipper to inquire from
   NVOCC-Carrier when booking cargo when specific vessels
   are scheduled to begin loading:
           
  1. A precise description of the cargo, or the 6-digit HTS
     number under which cargo is classified, and weight of
     the cargo, or for a sealed container, the shipper's
     declared description and weight of the cargo.  The
     quantity of cargo shall be expressed in the lowest
     external packaging unit.  For example, a container
     containing 10 pallets with 200 cases shall be described
     as 200 cases.  Generic descriptions such as "Cargo,
     NOS," "FAK," "Freight, All Kinds," "General Cargo,"
     "Chemicals," "foodstuffs," and "Said to Contain" are
     not acceptable descriptions.
         
  2. Shipper's complete name and address, or the
     identification number issued to the shipper by the U.S.
     Customs Service upon implementation of the Automated
     Commercial Environment ("ACE").  Non-automated NVOCCs
     must provide complete shipper information.  Neither the
     non-automated NVOCC nor its agent shall be considered
     "shipper" for AMS reporting purposes.
       
  3. Complete name and address of the consignee, owner or
     owner's representative, or its ACE identifiation
     number.  Non-automated NVOCCs must provide complete
     consignee information.  Neither the non-automated NVOCC
     nor its agent shall be considered "consignee" for AMS
     reporting purposes.
          
  4. Internationally recognized hazardous material code when
     such materials are being shipped.
      
  5. Seal numbers for all seals affixed to the container.
      
B. AMS QUALIFIED NON-VESSEL-OPERATING COMMON CARRIERS:
   Non-Vessel-Operating Common Carriers ("NVOCCs") which
   have tendered cargo to NVOCC-Carrier as shippers that
   are licensed by or registered with the FMC and that have
   obtained U.S. Customs bonds, and have otherwise qualified
   as AMS NVOCCs, must submit the required inbound cargo
   declaration data directly to the U.S. Customs Service.
   For the purpose of this term, an NVOCC is registered with
   the FMC if it has been issued an Organization Number by
   the FMC, published a valid and effective Tariff, and
   posted the required bond(s) with the FMC.
     
  1. Second Notify Party: Any FMC licensed or registered
     NVOCC with a U.S. Customs bond that tenders cargo that
     will be on board a vessel when it calls in the United
     States and provides the required cargo declaration
     data for that cargo directly to the U.S. Customs
     Service as an AMS qualified NVOCC shall identify the
     vessel carrier as "Second Notify Party" in the data
     submitted to the U.S. Customs Service.  The automated
     NVOCC shall provide to the NVOCC-Carrier the
     certification described in subparagraph B.2 below,
     unless notified by the NVOCC-Carrier to cease providing
     that certification.
    
  2. Certification:  Any automated NVOCC that submits cargo
     declaration information directly to the U.S. Customs
     Service shall, unless notified by the NVOCC-Carrier
     pursuant to subparagraph B.1 above that it is not
     required to do so, shall provide the NVOCC-Carrier, not
     less than 48 hours prior to the cutoff time for the
     delivery of cargo to be loaded on the vessel, with a
     written certification stating that the required inbound
     cargo declaration data for its cargo has been
     transmitted to the U.S. Customs service in a timely and
     accurate manner.  Such certification shall describe the
     cargo tendered with sufficient specificity (including
     container number) that NVOCC-Carrier may readily
     identify such cargo.  It is the responsibility of
     Shipper to inquire from NVOCC-Carrier when booking
     cargo when specific vessels are scheduled to begin
     loading and to determine cutoff times.
         
  3. Non-automated Non-Vessel Operating Common Carriers.
     NVOCCs that are not automated, which tender cargo the
     the NVOCC-Carrier, must timely and accurately provide
     all the information to NVOCC-Carrier in the manner
     described above in Paragraphs A through A.5, even for
     cargo which is tendered to the NVOCC by other
     non-automated NVOCCs.
     
  4. NVOCC Co-Loading:  For purposes of this subparagraph,
     the term "Master NVOCC" shall mean the NVOCC that is
     the customer of the vessel carrier and tenders
     co-loaded cargo to the vessel carrier in its name.
     When the NVOCC-Carrier is the Master NVOCC, automated
     NVOCCs tendering cargo to the NVOCC-Carrier shall make
     the certification required by B.2 above to
     NVOCC-Carrier, and accurately and timely submit cargo
     declaration data for its co-loaded cargo directly to
     the U.S. Customs Service.  If the cargo submitted by
     the co-loading NVOCC, includes additional NVOCC
     co-loaded cargo from non-automated NVOCCs, the
     co-loading NVOCC shall report all the pertinent data
     for those shipments directly to U.S. Customs.  In the
     event that NVOCC-Carrier does not act as the Master
     NVOCC, then the NVOCC-Carrier shall submit AMS data
     directly to U.S. Customs for its shipments only.
         
  5. All shippers, including NVOCCs, shall be subject to
     Paragraph C. of this Rule.
        
C. Failure by NVOCC-Carrier, whether or not caused directly
   by NVOCC-Carrier, to provide accurate and timely
   information to U.S. Customs could result in the following
   penalties, claims, sanctions, or damages among others:
     
  1. Customs may impose monetary penalties on the
     NVOCC-Carrier for inaccurate or untimely submitted
     cargo manifest data.
       
  2. A Customs "hold" order can result in cargo not being
     laden on a vessel at a foreign port, and can result in
     claims form cargo interests seeking damages from the
     NVOCC-Carrier for delay or non-delivery.
     
  3. Cargo held at origin or destination can result in
     inspection, stuffing and re-delivery expenses.
      
  4. Cargo which is disallowed discharge at the destination
     port can result in non-delivery, additional
     transportation charges, handling charges and other
     claims by the cargo interest at the destination point.
           
  5. Vessel carriers could claim damages against
     NVOCC-Carrier related to AMS participation by
     NVOCC-Carrier.
      
  6. On co-load cargo, one of the parcels could subject the
     rest of the cargo, and therefore, the NVOCC-Carrier, to
     all of the damages named above.  For example, a
     container with six shipments consolidated from six
     different shippers, may have a hold on it due to one of
     the six shipments; this puts a hold on the container,
     and the container has to stripped, re-stuffed, and
     re-delivered.  Claims could arise from the vessel
     carrier, from Customs, from the affected cargo
     interests.
     
  7. Accordingly, NVOCC-Carrier may refuse to load any cargo
     tendered to it for which it has not received either
   (i) the data required by paragraph A. of this Rule by the
        deadline specfied therein; or
  (ii) the certification required by paragraph B of this
        Rule by the deadline specified therein.
     
  8. Any and all costs incurred by NVOCC-Carrier with
     respect to cargo in its possession which is not loaded,
     or discharged at destination due to the failure of
     Shipper or NVOCC to provide information or
     certification, or which is not loaded or discharged
     pursuant to the instructions of the U.S. Customs
     Service, regardless of the reason, whether or not it
     is caused by the omissions or commissions of shipper or
     NVOCC, shall be for the account of the cargo, including
     for the account of any NVOCC which tenders cargo to
     NVOCC-Carrier.  Such costs shall include but are not
     limited to inspection, storage and/or red-delivery
     costs, or any other costs and expenses whatsoever
     resulting from the cargo not being loaded or
     discharged.
    
  9. Indemnification of NVOCC-Carrier:  If NVOCC-Carrier is
     assessed a civil penalty or denied permission to load
     or unload cargo, then any and all shippers, consignees,
     cargo owners, NVOCCs and their agent(s) that failed to
     provide the information required by this Rule and/or by
     the regulations of the U.S. Customs Service in a
     complete and accurate manner shall be jointly and
     severally liable to indemnify and reimburse
     NVOCC-Carrier for any such penalty and any and all 
     costs incurred by the Carrier as a result of the denial
     of permission from U.S. Customs to load or unload
     cargo.
         
 10. If NVOCC-Carrier was not culpable in any way for said
     penalties and costs, all shippers, consignees, cargo
     owners, NVOCCs and their agent(s) shall further be
     jointly and severally liable to indemnify and reimburse
     NVOCC-Carrier for any such penalty and any and all
     costs incurred by the Carrier as a result of the denial
     of permission to load or unload cargo, or for any
     penalty imposed by U.S. Customs, whether or not such
     costs or penalties resulted from the omission or acts
     or those parties.
     
 11. Carrier shall have a lien on cargo in its possession
     for amounts due hereunder and may hold cargo until such
     amounts, and any other unpaid freights or charges, are
     paid or sell such cargo after a reasonable period.  In
     the event Carrier is forced to take legal action to
     collect amounts due hereunder, Carrier shall be
     entitled to recover all costs, including attorneys'
     fees, incurred in connection with such legal action.
           
D. AMS PROCESSING FEE: Except as otherwise specifically
   provided in individual TLIs of this Tariff, all
   Shipments moving on the rates and charges named in this
   Tariff are SBJ to the U.S. Manifest Processing Fee
   specified below, which charge shall be in addition to
   all other applicable charges including all otherwise
   applicable charges named herein:
    
        $ 40.00 per B/L
     
   If a correction and/or amendment is made to data that
   has already been filed with the U.S. Customs thru the
   Automated Manifest System, Carrier will assess the
   Correction Fee named below, which charge shall be in
   addition to all other applicable charges:
        
        $ 40.00 per B/L

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