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
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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
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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.
