Effective	01JAN2019
Filed	01JAN2019
Filing Codes	IC

    
Except as otherwise provided in paragraph c. below,
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 and in governed NSAs:
  1. ONLY after prior booking and arrangements have been
      made with and accepted by the Ocean Carrier; and
  2. ONLY when local regulations, ordinances and lawful
      authorities at origin, destination or transshipment
      ports/points permit the handling of such cargo at
      Carrier's or port terminals and facilities; and
  3. ONLY when U.S. Coast Guard and/or local authority
      permits have been obtained and complied with by
      Shipper and/or Consignee.
     
a. 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 below.
     
b. All commodities required to be carried on-deck of
   transporting vessel, either in the open or under cover,
   or which if stowed below deck must be stowed in a
   "magazine", or which cannot be loaded or unloaded
   without a permit from the U.S. Coast Guard, shall be
   considered, for Tariff purposes, hazardous or dangerous
   cargo, and will be rated accordingly.
     
c. The hazardous cargo named below will NOT be accepted for
   transportation by the Carrier or its connecting Carriers
   for transportation under the rules, regulations and
   rates named in this Tariff or any governed NSA unless
   such NSA specifically exempts certain Hazardous Cargo from
   application:
     No Restrictions Currently In Effect
     
d. All hazardous, explosive, flammable or dangerous cargo,
   when accepted by the Carrier for transportation:
  1. MUST 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 - published by the Inter-Governmental
        Maritime Consultative Organization); and
    D. all rules and regulations promulgated by applicable
        local, municipal, state or foreign governments or
        authorities.
     
  2. Included in the Foregoing are the regulations of
     the U.S. Department of Transportation set forth in
     46 CFR 146.29, which specified that the following
     information requirements must accompany each ship-
     ment of hazardous goods from the U.S.
    
    I.  A 24 Hour Telephone Number -
        It is required that the shipper provided on the
        shipper document (e.g. the Bill of Lading), a 24
        hour emergency telephone number of a person or
        organization in foreign countries and in the
        U.S., having or having immediate access to,
        knowledge about the hazardous material and
        comprehensive emergency response and accident
        mitigation information for the material.  The
        Carrier cannot accept shipments of chemicals and
        other hazardous materials which do not provide
        a 24 hour telephone number.
    
    II. Emergency Response Measures to Accompany the Cargo
        The following emergency response information must
        accompany each hazardous materials shipment and
        be kept with the vehicle/vessel operator:
          - a description of the hazardous material
          - immediate health hazard information and
            preliminary first aid measures
          - immediate precautions and methods of
            handling spills, leaks and fires, etc.
   
  3. MUST have all Certifications, as required by law,
     annotated on the B/L, Shipping Order and Cargo
     Receipt.
     
  4. MUST 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
     above.
     
e. 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.
     
f. At the time hazardous cargo is tendered for
   transportation, all documentation, certifications,
   transfer shipping papers (as required by 49 CFR 100-199
   when applicable), and the Bill of Lading annotations
   required under the regulations and provisions noted in
   the publications listed above, MUST be furnished to
   originating carrier, unless such documents have already
   been provided prior to tendering of cargo.  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.
     
g. When a shipment 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.
     
h. 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.
     
i. Any fines or penalties incurred due to the failure
   of the shippers to conform to the regulations will
   be for the account of the shipper.  In addition
   shipper shall indemnify and hold carrier harmless
   from and against any liability for damage to property
   or person arising from the ocean or inland transporta-
   tion and handling of hazardous cargoes, except where
   such liability is the exclusive fault of the carrier.
      
j. When specific reference is made in individual governed
   NSAs to this Rule, or contain the statement "SBJ to HAZF,"
   or "Subject to Hazardous Surcharge," or similar verbiage,
   all shipments containing Hazardous Cargo designated as IMDG
   Classes 3, 4, 6, 8 or 9, when accepted and transported
   by Carrier will be SBJ to the Hazardous Cargo Surcharge
   named below, which charge shall be in addition to all
   other applicable charges.
     
     NSA DEMO044 - This NSA EXPIRES with 21 November 2020
      All Shipments of Hazardous Cargo ARE SBJ to a
                    HAZF of USD250.00 per B/L.

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