RULE: 16 - HAZF - PROVISIONS GOVERNING HAZARDOUS CARGO & FEES Eff: 24SEP2023

Effective 24SEP2023
Filed 25AUG2023
Filing Codes A

Control No. 23-04210
  
Except as otherwise provided in individual Web Rate Pages (TLIs),
hazardous, explosive, flammable or dangerous cargo, as defined
in the publications named below, will be accepted by the Carrier
for transportation under the rules, charges and rates named in
this Tariff:
   
a. Hazardous Cargo is defined as all commodities which the office of
   the Federal Register in their publication entitled "Code of Federal
   Regulations (46 CFR 146.01-1) - Transportation or Storage of
   Explosives or other Dangerous Articles or Substances, and
   Combustible Liquids on board Vessels" prescribed to be carried on
   cargo vessels on deck only, either in the open or under cover.
   Hazardous Cargo shall be SBJ to the rates, provisions and Fees named 
   herein and in the General Hazardous Cargo rate named in this Tariff,
   except where a specific commodity rate is provided for a specifically
   named Hazardous Commodity otherwise named in this tariff. 
   
b. The transportation of all Hazardous Goods & Explosives, will be
   governed by the United States Code of Federal Regulations, i.e. CFR
   Titles 49, Shipping Parts 100-199 as revised or superseding
   regulations, and to the extent applicable, the International
   Maritime Dangerous Goods Code (IMCO) published by the
   Inter-Governmental Maritime Consultative Organization (IMO) as 
   defined below:
   
   Class 1 - Explosives 
         2 - Gasses; Compressed, liquefied or dissolved under pressure 
         3 - Inflammable Liquids 
         4 - Inflammable Solids 
         5 - Oxidizing Substances and organic peroxide 
         6 - Poison and infectious substance 
         7 - Radioactive substance 
         8 - Corrosives 
         9 - Miscellaneous dangerous substances
    
c. Carrier reserves the right to refuse to accept or transport cargo
   which, in the judgement of the Carrier, is opprobrious or likely to
   injure vessel, docks, terminals, rail cars, trucks or other cargo,
   or for which the Carrier CANNOT provide or obtain safe and suitable
   terminal space or stowage.  Further Carrier will refuse any shipment
   of hazardous, explosive, flammable, dangerous or objectionable cargo
   when shipping containers, marking, labels, certifications, packing
   or packaging of such cargo is NOT in accordance, and strict
   compliance, with the rules, regulations and provisions in the
   publications named in paragraph b.
     
d. Shipments of inflammable and hazardous cargo referred to in this
   rule are subject to special booking and shall be delivered at
   destination in accordance with regulations promulgated by Port
   Authorities and at the risk and expense of the consignee and/or
   owners of the goods. 
 
e. At a minimum all hazardous, explosive, flammable or dangerous cargo,
   when accepted by the Carrier for transportation MUST:
  1.  be packed, labeled, placarded, marked, stowed and secured (when
      in containers) and delivered in strict accordance with:
    A. U.S. Coast Guard Regulations (46 CFR Parts 146-179)
    B. U.S. Department of Transportation Regulations (49
        CFR Parts 170-179); and
    C. the International Maritime Dangerous Goods Code (IMCO); and
    D. all rules and regulations promulgated by applicable
        local, municipal, state or foreign governments or
        authorities.
     
  2. have all Certifications, as required by law, annotated on the
     B/L, Shipping Order and Cargo Receipt.
     
  3. have Shipper's attestation, when required, on the B/L and Shipping
     Orders that the shipment contains no mix of non-compatible
     hazardous materials and no hazardous waste as defined in the
     regulations named herein.
     
f. When booking hazardous cargo, Shipper and/or his agent MUST inform
   Carrier accurately and completely of the true character of the cargo
   together with the information noted below in writing, or it MUST be
   confirmed in writing when arrangements and booking has been made
   verbally.
     
  1. The proper shipping name, including trade or popular name, of the
      commodity followed by the technical name of the materials; and
  2. The hazardous class, IMCO Code Number and UN Number (if any); and
  3. The flash point or flash point range (when  applicable); and
  4. The applicable label(s) or placard(s) that must be placed on each
      package or container, including labels communicating secondary and
      tertiary hazards (when required); and
  5. Identification of the type of packaging (e.g. drums, cylinders,
       barrels, etc.); and
  6. The number of pieces of each type of package; and
  7. The gross weight of each type of package or the individual gross
      weight of each package; and
  8. The Harmonized Code, SITC or BTN number of the commodity; and
  9. The types of certifications and Emergency Response Data required by
      the regulations named in the publications listed above.
     
g. When Hazardous cargo is accepted for transportation, Carrier will
   compare declarations on all documentation provided at the time of
   shipment for possible errors, however it is, and shall remain, the
   sole responsibility of the Shipper, to insure that all such
   documentation is correct and complete.  Further, it is the
   Shipper's responsibility to insure that all pieces, packages and
   units in the shipment are clearly and properly marked with the
   required labels and placards.
     
h. When a shipment of Hazardous Cargo has been accepted by the Carrier
   for transportation and subsequently an error is found in the
   required certifications, packaging, labeling, placarding or other
   required notice or marking requirement(s) and regulation(s), all
   damages, fines or penalties, actual or consequential, shall be for
   the account of the party required to provided such certifications,
   packaging, labels, placards, etc.
   
i. When required by law, governmental regulations, the regulations
   specified in the publications listed above or by underlying VOCC
   utilized, it is necessary to forward hazardous cargo separately from
   non-hazardous cargo, the hazardous cargo will be considered and
   handled as a separate shipment and rated accordingly.  Additionally,
   when a shipment contains 2 (two) or more hazardous articles which,
   under the provisions of the regulations specified in the publications
   listed above, are prohibited from being loaded or stored together, each
   article or group of incompatible articles in the shipment will be
   considered and handled as a separate shipment and rated accordingly.
  
d. Except as otherwise provided on individual Web Rate Pages (TLIs),
   Paragraph c. above or as provided in any Exceptions named below,
   all shipments of Hazardous cargo as defined in this Rule, when
   accepted and transported by Carrier will be SBJ to the HAZARDOUS
   CARGO HANDLING CARGEE (HAZF) named below, which charge shall be in
   addition to all other applicable charges.
   
 1. On shipments FROM/THRU Ports in the United States:
    TO/THRU Ports and Points in Countries listed below, the HAZF
     applicable on all Hazardous Cargo Shipments will be:
   
      TO/THRU PORTS       CURRENCY    CHARGE PER IMO (UN)
       & POINTS IN:                       listed on B/L
     -------------------------------------------------------------
   
       Cayman Islands:       USD            75.00 (Note A)
       Cayman Islands:       USD           125.00
{A}    Cayman Islands:       USD           500.00 On Shipments containing
                                                    Electric Vehicle
  
       Guatemala:            USD           200.00
  
       EXCEPTIONS:  None Currently in Effect
  
     -------------------------------------------------------------
      NOTE A: Reduced Hazardous Cargo Handling Charge applies ONLY when
       Hazardous Cargo is properly packaged/packed for ocean export when
       tendered to the Carrier and Shipper has provided all IMO required
       forms before LCL cargo is stowed in a consolidated container OR
       before FCL containers are tendered to Carrier; Reduced Hazardous
       Cargo Handling Charge does NOT apply on Electric Vehicles.

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