Effective	24JAN2022
Filed	24JAN2022
Filing Codes	IC

A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME:
   Pursuant to Customs regulations effective December 2, 2002, Carrier is
   required to submit certain cargo declaration data for all cargo on board
   a vessel that will call in the United States (i.e., 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 Carrier's vessel at each nonU.S. port of loading. In order to
   enable Carrier to comply with this requirement, except as provided in
   paragraph B of this rule, any person tendering cargo to 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 must provide the following
   information regarding such cargo to Carrier in writing (including by
   electronic transmission) in sufficient time for Carrier to transmit the
   data to the Customs Service at least 24 hours prior to the loading of
   the cargo on Carrier's vessel.
  
   Failure to comply with these requirements will result in cargo not being
   loaded. 
  
  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 (e.g., a container containing 10 pallets with 200 cases
     shall be described as 200 cases). Generic descriptions, including, but
     not limited to, 'FAK,' 'General Cargo,' 'Chemicals,' 'Foodstuffs,' and
     terms such as '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').
  
  3. Complete name and address of the consignee, owner or owner's
     representative, or its ACE identification number.
   
  4. Internationally recognized hazardous material code when such materials
     are being shipped.
  
  5. Seal numbers for all seals affixed to the container. 
  
B. TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER:
   Except as otherwise provided below, the time for shipper to submit data
   to Carrier shall be as follows:
  
  1. Shippers who submit their shipping instructions in paper format will
     be required to submit their shipping instructions to Carrier no later
     than seventy-two (72) hours prior to vessel arrival at the foreign
     port of load. This applies to all U.S. destined cargo as well as cargo
     intended to be transshipped at a U.S. port and cargo that will remain
     on the vessel for carriage to a non-U.S. port. 
  
C. CERTAIN NON-VESSEL OPERATING COMMON CARRIERS:
   Non-vessel operating common carriers ('NVOCCs') that are licensed by or
   registered with the FMC and that have obtained Customs bonds may submit
   the required inbound cargo declaration data directly to the U.S. Customs
   Service in accordance with Customs Service regulations and guidelines.
   For purposes of this provision, an NVOCC is registered with the FMC if
   it has been issued an Organization Number by the FMC, has published a
   valid and effective rules tariff, and has posted the required financial
   security with the FMC. 
  
  1. Certification. Any NVOCC that submits cargo declaration information
     directly to the Customs Service shall, unless notified by the Carrier
     pursuant to subparagraph C(1) above that it is not required to do so, 
     in lieu of the information required to be submitted pursuant to
     paragraph A of this rule, provide the Carrier, not later than the
     deadline for shipper submission of cargo information under paragraph B
     of this rule, 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 Carrier may readily
     identify such cargo.
  
  2. NVOCC Co-Loading. For purposes of this paragraph, the term 'Master
     NVOCC' shall mean the NVOCC that is the customer of the Carrier and
     tenders co-loaded cargo to the Carrier in its name. In the event the
     Master NVOCC submits cargo declaration data for co-loaded cargo
     directly to the Customs Service, it shall do so for all NVOCCs with
     which it co-loads. In the event the Master NVOCC does not submit cargo
     declaration data for co-loaded cargo directly to the Customs Service
     but NVOCCs with which it co-loads transmit cargo declaration data for
     their cargoes directly to the Customs Service, it shall be the
     obligation of the Master NVOCC to provide Carrier with the
     certification described in subparagraph C (1) with respect to all
     coloaded cargo tendered to Carrier by the Master NVOCC. 
  
  3. All NVOCCs shall be subject to Paragraphs D and E of this rule.
  
D. FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO LOAD CARGO:
  1. In the event Carrier fails to provide the required inbound cargo
     declaration data to the U.S. Customs Service for all cargo to be
     loaded on its vessel within the time period required by Customs
     Service regulations it may, among other things, be assessed a civil
     penalty, denied permission to unload the cargo for which information
     was not timely provided, and/or denied permission to unload any cargo
     from the vessel on which the cargo is moving. Accordingly, 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 specified pursuant to paragraph B; or (ii) the certification
     required by paragraph C of this rule by the deadline specified
     therein. 
  
  2. Any and all costs incurred by Carrier with respect to cargo in its
     possession which is not loaded due to the non-provision of information
     or certification, or which is not loaded pursuant to the instruction
     of the U.S. Customs Service (regardless of whether or not the required
     data or certification has been provided for such cargo), including but
     not limited to inspection, storage and/or re-delivery costs, shall be
     for the account of the cargo. 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 reasonable attorneys' fees
     and expenses) incurred in connection with such legal action.
  
E. INDEMNIFICATION OF CARRIER:  If Carrier is assessed a civil penalty or
   fine or is denied permission to unload cargo, because of the failure of
   any and all shippers, consignees, cargo owners, NVOCCs, shippers'
   associations and their agent(s) to provide the information required by
   this rule and/or by the regulations or guidelines of the U.S. Customs
   Service in a complete and accurate manner, then such shippers,
   consignees, cargo owners, NVOCCs, shippers' associations and their
   agent(s)shall be jointly and severally liable to indemnify and reimburse
   Carrier for any such penalty or fine and any and all costs, damages or
   liability, direct, indirect, special or consequential, incurred by the
   Carrier as a result of the denial of permission to unload cargo or any
   delays related thereto. 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.
  
F. CONFIDENTIALITY: Carrier acknowledges that the information required by
   the Customs Service may constitute confidential information that is not
   generally available to the public. Carrier, in accordance with the
   requirements of Section 10(b)(13) of the Shipping Act of 1984, as
   amended, will keep confidential, to the extent permitted by law, all
   Shipper bill of lading information, including information related to
   underlying shippers and commodities in respect of containers of less
   than container load cargo containing shipments by more than one Shipper.
   
G. DOCUMENTATION CHARGES: See Rule Nos. 2-150 for charges to apply. 

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