RULE: 25 - Certification of shipper status in Foreign Commerce Eff: 16APR2003
| Effective | 16APR2003 |
|---|---|
| Filed | 16APR2003 |
| Filing Codes | IR |
A. Carrier shall identify and ascertain the status of the
shipper tendering the cargo, Viz: Owner of the cargo
shippers association, non-vessel operating common
carrier or other specified designation.
B. Carrier shall state the shipper's status in a clear and
legible manner in the shipper identification box on its
bill of lading, way bill, or other substitute record of
carriage.
C. If the shipper or a member of a shippers' association
tendering the cargo is identified as a NVOCC, carrier
shall obtain documentation that the NVOCC has a tariff
and bond as required by sections 8 and 23 of the
Shipping Act 1984, CFR 580.5(d) (25) and Public Law
98-237 before carrier accepts or transports cargo for
the account of the NVOCC. A copy of the documentation
initially provided showing compliance with the tariff
and bonding requirements will be provided to carrier
every sic months.
D. If any NVOCC provide a false or misleading certification
to carrier, either of its status or of it having filed a
tariff and surety bond with the FMC, it shall be liable
to carrier for any fines, penalties or damages sustained
by carrier due to carrier transporting cargo in
violation of Public Law 98-237.
