RULE: 26 - TIME/VOLUME RATES IN FOREIGN COMMERCE Eff: 05JUL2002

Effective 05JUL2002
Filed 05JUL2002
Filing Codes C

The Rates and Charges named in the Commodity Descriptions
and TLIs of this Tariff listed below are SBJ to this Rule
and apply when, and ONLY when, the Shipper has guaranteed
tender for transportation the minimum quantity of cargo
that has been specified in such Commodity Description and
TLIs making reference hereto:
          
         Item 346280.9011 - Expires with 31 July 2002 
    {C}  Item 346280.9022 - Expires with 05 August 2002
         Item 346280.9031 - Expires with 30 July 2002
         Item 346280.9051 - Expires with 30 July 2002
         Item 346280.9081 - Expires with 30 July 2002
      
a. NOTIFICATION OF INTENT TO PARTICIPATE
   Eligible Shippers MUST notify Carrier that they intend
   to utilize a particular Time Volume Agreement (TVA) rate
   published herein PRIOR to tendering any shipments for
   transportation.
       
b. ALTERNATION OF RATES
   Except as may be otherwise specifically provided in an
   individual TLI SBJ to this Rule, the Time-Volume rates
   SBJ hereto do NOT alternate with any other rate(s) named
   in this Tariff, or in any other Tariff lawfully filed
   with the Federal Maritime Commission, that applies on
   the same commodity, from and to the same ports and/or
   points, in the same shipping form.
     
c. APPLICATION OF ADDITIONAL CHARGES
   Unless otherwise provided in individual TVAs, or any
   provision of this Tariff, the TVA rates named in this
   Tariff are SBJ to all applicable Rules, Regulations and
   Assessorial Charges specified in this Tariff.
      
d. AMENDMENT OF TIME-VOLUME RATES
   TVA rates SBJ to this Rule will NOT be amended, altered
   or changed in any way prior to the expiration of the TVA
   rates and provisions, EXCEPT in accordance with specific
   provisions authorizing specified changes in the TVA
   itself.
     
e. BILL OF LADING NOTATIONS
   B/Ls issued covering shipments moving under the TVA
   rates SBJ to this Rule MUST be noted with the
   applicable TVA number.  If such clause is inadvertently
   omitted, Shipper may request that a corrected B/L be
   issued.
     
f. MAINTENANCE OF SHIPMENT RECORDS
   Shipment records to be maintained to support application
   of the TVA rates provided under each TVA will be copies
   of each B/Ls evidencing performance of relavant
   transportation service. Carrier will maintain such
   records for not less than 5 (five) years after the
   expiration of the applicable TVA, and may be inspected
   by the Shipper upon request.
      
g. FORCE MAJEURE OR CANCELATION/DISRUPTION IN SERVICE
   In the event of Force Majeure or other emergency
   conditions which cause a disruption in the Carrier's
   service or the Shipper's (or Consignee's) ability to
   tender or receive shipments on a regular basis, the time
   period for the Shipper to satisfy the minimum volume of
   cargo required in the applicable Time-Volume TLI to
   which the Shipper is a signatory, will be extended by
   the same number of days such Force Majeure or emergency
   conditions remain in effect.  "Force Majeure" or
   "Emergency Conditions" are defined as situations such as
   strikes or other work stoppages, sabotage, fires, marine
   disasters, Acts of God or the Public Enemy, Rail
   derailments, rebellion, hostilities, or any other such
   events or causes which are beyond the control of the
   Carrier or the Shipper.  The party invoking the
   provisions of this Item, because the conditions
   described above have occurred, shall notify the other
   party immediately in writing (or orally and confirmed in
   writing), and shall include in such notification the
   nature, extent and expected duration of such conditions.
   Once normal operations have been resumed, Carrier will
   notify Shipper, in writing, of the new date by which the
   minimum cargo volume must be satisfied, and the Time-
   Volume TLIs SBJ to this Rule will be amended on lawful
   notice with the Federal Maritime Commission to reflect
   the new expiration date.
     
h. CARGO SHUT OUT
   If for any reason Carrier cannot accept, handle or
   transport Shipper's cargo when tendered for
   transportation, Carrier will provide Shipper with a
   declined booking statement, and all cargo volume that
   was shut out or declined by Carrier will be INCLUDED in
   the calculation of cargo volume when determining if the
   Time-Volume minimum has been met or exceeded.
     
i. RE-RATING SHIPMENTS FOR NON-FULFILLMENT OF CARGO MINIMUM
   If by the expiration date of any TVA, the aggregate
   minimum volume stipulated has NOT been met by the
   Shipper, then the Shipper shall pay the lower of
   following: 1-the difference between the TVA minimum and
   the actual quantity shipped at the applicable TVA rate;
   or 2-all shipments previously tendered shall be re-rated
   at the applicable Tariff rate in effect at the time of
   such shipment.  Such additional freight charges are due
   and payable immediately upon the expiration of the TVA
   shipping period.

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