RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION PROVISIONS Eff: 12JUL2021

Effective 12JUL2021
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

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