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.

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