RULE: 36 - PROVISIONS GOVERNING ADVANCE CARGO MANIFEST FILING INFORMATION(AMS) Eff: 12MAY2009
| Effective | 12MAY2009 |
|---|---|
| Filed | 12MAY2009 |
| Filing Codes | C |
Submission of Advance Cargo Manifest Information
a. Submission of Advance Cargo Manifest Information for
Shipments To or Through the United States; Deadline for
Same.
Pursuant to United States Customs Service regulations
issued on October 31, 2002, with an effective date of
December 2, 2002, Carrier is required to provide the
United States Customs Service (Department of Homeland
Security) with advance cargo manifest information for
all cargo on board a vessel that will call in the United
States (i.e., cargo imported and entered in the United
States and foreign cargo remaining on board) not later
than 24 hours prior to the time the cargo is loaded on
the U.S. bound vessel in the non-U.S. port of loading.
The United States Customs Service can impose severe
monetary penalties and other sanctions on the Carrier,
the Shipper and other parties for the failure to provide
timely, true, complete and accurate advance cargo
information in compliance with the regulations. In order
to enable Carrier to comply with this requirement, any
Shipper who tenders 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
submit the following information timely, truthfully,
completely and accurately to the Carrier in writing
(including electronic submission) not later than the
deadline referenced below:
1. A. precise description of the cargo (or the 6-digit
Harmonized Tariff Schedule (HTS) numbers under which
the cargo is classified), the numbers and quantities
of the cargo and its weight. General or vague
descriptions such as FAK, General Cargo, Said to
Contain, Foodstuffs and Chemicals are NOT acceptable
descriptions; for example, for a shipment of
motorcycle bumpers, fenders and handlebars, the
description motorcycle parts is NOT sufficient but
motorcycle bumpers, fenders and handlebars is. The
numbers and quantities must be expressed in terms of
the lowest external packing unit; for example, a
container containing 10 pallets with 200 cartons
must be identified as 200 cartons and NOT 10
pallets.
2. The Shippers and actual Manufacturers complete names
and addresses or, if applicable, the United States
Customs Service-assigned identification number for the
Shipper and Manufacturer. The names must reflect the
complete legal names and the addresses must reflect the
actual physical addresses, including streets, cities,
countries and other applicable postal information.
3. The Ultimate Consignees complete name and address or,
in the case of to order shipments where the cargo is
sold in transit, the complete name and address of the
owner or owners representative. However, if the
Ultimate consignees name and address is available, the
Shipper must disclose this information. The name must
reflect the complete legal name and the address must
reflect the actual physical address, including street,
city, country and other applicable postal information.
4. The internationally recognized hazardous material code
when such materials are being shipped.
5. For containers loaded by the Shipper or other party,
the container number.
6. For containers sealed by the Shipper or other party,
the seal number. The seal number is the number of the
last person/entity to load the container. Participants
in the Customs-Trade Partnership Against Terrorism
(C-TPAT) must affix seals to all loaded containers.
THE DEADLINE FOR SHIPPER SUBMISSION TO CARRIER OF THE
FOREGOING ADVANCE CARGO MANIFEST INFORMATION FOR CARGO
TENDERED AT EACH NON-U.S. PORT OF LOADING SHALL BE
PUBLISHED IN WRITING (INCLUDING VIA ELECTRONIC
TRANSMISSION DIRECTLY TO SHIPPER) BY THE LOCAL UPS OCEAN
FREIGHT SERVICES, INC. OFFICE OR AGENT.
b. Certification of Shipper.
Prior to each time that it books cargo with Carrier,
Shipper shall certify to Carrier in writing on a form
provided by Carrier that it will timely submit the true,
complete and accurate advance cargo information
described in section A and required by the Carrier for
submission to the United States Customs Service. The
certification shall be signed by a person duly
authorized to do so and shall attest that the
information furnished is true, complete and accurate.
c. Failure to Provide Timely, True, Complete and Accurate
Advance Cargo Information; Penalties and Sanctions.
In the event the Shipper fails to provide timely, true,
complete and/or accurate advance cargo information to
Carrier for all information required in section A,
Carrier may, among other parties, including the Shipper,
be assessed a significant monetary penalty and/or other
sanctions. In addition, for any such failure, the United
States Customs Service may (1) prohibit the loading of
the cargo aboard a vessel and (2) deny permission to
unload cargo from a vessel calling in the United States.
Accordingly, Carrier may refuse to load any cargo
tendered to it for which it has not received either (i)
the advance cargo information required by section A of
this rule by the deadline specified therein; (ii) true,
complete and accurate information required by section A
of this rule; or (iii) the certification required by
section B of this rule by the date specified therein.
d. Additional charges assessed for Carrier preparation
and/or filing of AMS data will be posted in the
Sub-Rules to this Rule in each UPS Tariff Rate Section.
