RULE: 2.8A - CARGO DECLARATION RULE Eff: 15OCT2003
| Effective | 15OCT2003 |
|---|---|
| Filed | 15OCT2003 |
| Filing Codes | C |
A. SUBMISSION OF CARGO DECLARATION DATA; DEAD LINE FOR SAME:
AEI Ocean Services d/b/a Danmar Lines Ltd., 16098N 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:
{CE} EXPIRES with 13 November 2003: US$ 25.00 per B/L
{A} EFFECTIVE 14 November 2003: US$ 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:
US$ 40.00 per B/L
