RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION PROVISIONS Eff: 12JUL2021
Effective | 12JUL2021 |
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Filed | 12JUL2021 |
Filing Codes | I |
a. DEAD LINE FOR SUBMISSION OF CARGO DECLARATION DATA: Pursuant to U.S. Customs regulations, Carrier is required to submit certain cargo declaration data for all cargo loaded aboard a vessel that will call a United States port, either to discharge cargo, or that is destined to a foreign destination but which will remain on board the vessel, to the U.S. Customs Service not later than 24 hours prior to the time the cargo is loaded on board a vessel in the non-U.S. port of loading (POL). In order to enable Carrier to comply with this requirement, except as provided in paragraph b. of this rule, any person, including co-loading NVOCCs tendering cargo to Carrier that is to be transported to the United States or that will be on a vessel when that vessel calls a port in the United States, even though the Cargo is destined to a non-United States destination, must submit the following information regarding such cargo to the Carrier in writing (electronic transmission is acceptable), not later than 48 hours prior to the cutoff time for delivery of the cargo to be loaded on the vessel. It is the responsibility of Shipper to request such date when booking cargo, if Carrier does not provide that date when Cargo is booked: 1. A precise description of the cargo, or the 6-digit HTS number under which cargo is classified, along with the weight of the cargo, for a sealed container, the Shipper's declared description and weight of the cargo. Generic descriptions such as "Cargo, NOS," "FAK," "Freight, All Kinds," "General Cargo," "Chemicals," "Foodstuffs," and "Said to Contain" will NOT be acceptable descriptions. 2. Shipper's complete name and address, or the identification number issued to the shipper by the U.S. Customs Service under the Automated Commercial Environment ("ACE"). Co-loading NVOCCs must provide such complete shipper information. Neither the co-loading NVOCC nor its agent shall be considered "Shipper" for reporting purposes. 3. Complete name and address of the Consignee, Cargo owner or Cargo owner's representative, or its ACE identifiation number. Co-loading NVOCCs must provide complete Consignee information. Neither the co-loading NVOCC nor its agent shall be considered "Consignee" for reporting purposes. 4. Internationally recognized Hazardous material code when such materials are being shipped. 5. Seal numbers for all seals affixed to a Full container. b. AMS QUALIFIED NON-VESSEL-OPERATING COMMON CARRIERS: NVOCCs which tender cargo to the Carrier for co-loading or as Shippers that are licensed by or registered with the FMC and that have obtained U.S. Customs bonds, or have otherwise qualified as AMS NVOCCs, may submit the required inbound cargo declaration data directly to the U.S. Customs Service. 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 a United States Port and which 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 Carrier the certification described in subparagraph b.2 below, unless notified by the 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 Carrier pursuant to b.1 above that it is not required to do so, shall provide the Carrier, not less than 48 hours prior to the cutoff time for the tender 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. It is the responsibility of Shipper to inquire from the Carrier when booking cargo when specific vessels are scheduled to begin loading and to determine cutoff times unless otherwise notified by the Carrier. c. NON-AUTOMATED NVOCCs: NVOCCs that are not automated, which tender cargo to the Carrier, must timely and accurately provide all the information to the Carrier in the manner described above in Paragraph a. above, even for cargo which is tendered to the NVOCC by other non-automated NVOCCs. d. Failure by the Carrier, whether or not caused directly by the 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 Carrier for inaccurate or untimely submitted cargo manifest data. 2. A Customs "hold" order can result in cargo not being loaded aboard a vessel at a foreign POL and can result in claims from cargo interests seeking damages from the Carrier for delay or non-delivery. 3. Cargo held at origin POL or destination POL may result in inspection, stuffing and re-delivery expenses. 4. Cargo which is disallowed discharge at the destination POD may result in non-delivery, additional transportation charges, handling charges and other claims by the Cargo interest at the destination point. 5. Vessel Operator Carriers may claim damages against the Carrier. 6. On co-loaded cargo one parcel or unit in a shipment may result in the rest of the cargo in a Shipment, and therefore, the Carrier, being subject to any of the damages named above. 7. Because of the possibility of the above, 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 deadlline specfied therein; or (ii) the certification required in paragraph b. of this Rule by the deadline specified therein. 8. Any and all costs incurred by the Carrier with respect to Cargo in its possession which is not loaded at origin, or discharged at destination, due to the failure of a Shipper or an NVOCC to provide required 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 a Shipper or an NVOCC, shall be for the account of the Cargo, including for the account of any NVOCC which has tendered Ccargo to the 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 the Carrier: If this or any other Carrier is assessed a civil penalty or denied permission to load or unload Cargo, then any and all Shippers, Consignees, Cargo Owners, NVOCCs along with their agent(s) that have 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 the 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 the Carrier is not culpable in any way for any penalties and costs, all Shippers, Consignees, Cargo Owners, NVOCCs along with their agent(s) shall further be jointly and severally liable to indemnify and reimburse the 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 any Cargo in its possession for amounts due hereunder and may hold cargo until such amounts, 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, incurred in connection with such legal action. e. MANIFEST SECURITY PROCESSING FEE: Except as otherwise specifically provided on an individual Web Rate Page, all Shipments imported into the United States 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: See Individual Web Rate Pages for Charges If a correction and/or amendment is or must be made to data that has already been submitted to 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: See Individual Web Rate Pages for Charges