RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION PROVISIONS Eff: 12JUN2018
| Effective | 12JUN2018 |
|---|---|
| Filed | 12JUN2018 |
| Filing Codes | I |
a. DEAD LINE FOR SUBMISSION OF CARGO DECLARATION DATA:
Pursuant to U.S. Customs regulations, Carrier is required to submit
certain cargo declaration data for all cargo loaded aboard a vessel
that will call a United States port, either to discharge cargo, or
that is destined to a foreign destination but which will remain on
board the vessel, to the U.S. Customs Service not later than 24 hours
prior to the time the cargo is loaded on board a vessel in the
non-U.S. port of loading (POL). In order to enable Carrier to comply
with this requirement, except as provided in paragraph b. of this
rule, any person, including co-loading NVOCCs tendering cargo to
Carrier that is to be transported to the United States or that will
be on a vessel when that vessel calls a port in the United States,
even though the Cargo is destined to a non-United States destination,
must submit the following information regarding such cargo to the
Carrier in writing (electronic transmission is acceptable), not later
than 48 hours prior to the cutoff time for delivery of the cargo to
be loaded on the vessel. It is the responsibility of Shipper to
request such date when booking cargo, if Carrier does not provide
that date when Cargo is booked:
1. A precise description of the cargo, or the 6-digit HTS number
under which cargo is classified, along with the weight of the cargo,
for a sealed container, the Shipper's declared description and
weight of the cargo. Generic descriptions such as "Cargo, NOS,"
"FAK," "Freight, All Kinds," "General Cargo," "Chemicals,"
"Foodstuffs," and "Said to Contain" will NOT be acceptable
descriptions.
2. Shipper's complete name and address, or the identification number
issued to the shipper by the U.S. Customs Service under the
Automated Commercial Environment ("ACE"). Co-loading NVOCCs
must provide such complete shipper information. Neither the
co-loading NVOCC nor its agent shall be considered "Shipper" for
reporting purposes.
3. Complete name and address of the Consignee, Cargo owner or Cargo
owner's representative, or its ACE identifiation number.
Co-loading NVOCCs must provide complete Consignee information.
Neither the co-loading NVOCC nor its agent shall be considered
"Consignee" for reporting purposes.
4. Internationally recognized Hazardous material code when such
materials are being shipped.
5. Seal numbers for all seals affixed to a Full container.
b. AMS QUALIFIED NON-VESSEL-OPERATING COMMON CARRIERS:
NVOCCs which tender cargo to the Carrier for co-loading or as
Shippers that are licensed by or registered with the FMC and that
have obtained U.S. Customs bonds, or have otherwise qualified as
AMS NVOCCs, may submit the required inbound cargo declaration data
directly to the U.S. Customs Service.
1. Second Notify Party: Any FMC licensed or registered NVOCC with a
U.S. Customs bond that tenders cargo that will be on board a
vessel when it calls a United States Port and which provides the
required cargo declaration data for that cargo directly to the
U.S. Customs Service as an AMS qualified NVOCC shall identify the
vessel carrier as "Second Notify Party" in the data submitted to
the U.S. Customs Service. The automated NVOCC shall provide to
the Carrier the certification described in subparagraph b.2 below,
unless notified by the Carrier to cease providing that
certification.
2. Certification: Any automated NVOCC that submits cargo declaration
information directly to the U.S. Customs Service shall, unless
notified by the Carrier pursuant to b.1 above that it is not
required to do so, shall provide the Carrier, not less than 48
hours prior to the cutoff time for the tender of cargo to be loaded
on the vessel, with a written certification stating that the
required inbound cargo declaration data for its cargo has been
transmitted to the U.S. Customs Service in a timely and accurate
manner. It is the responsibility of Shipper to inquire from the
Carrier when booking cargo when specific vessels are scheduled to
begin loading and to determine cutoff times unless otherwise
notified by the Carrier.
c. NON-AUTOMATED NVOCCs:
NVOCCs that are not automated, which tender cargo to the Carrier,
must timely and accurately provide all the information to the
Carrier in the manner described above in Paragraph a. above, even
for cargo which is tendered to the NVOCC by other non-automated
NVOCCs.
d. Failure by the Carrier, whether or not caused directly by the
Carrier, to provide accurate and timely information to U.S. Customs
could result in the following penalties, claims, sanctions, or
damages among others:
1. Customs may impose monetary penalties on the Carrier for
inaccurate or untimely submitted cargo manifest data.
2. A Customs "hold" order can result in cargo not being loaded aboard
a vessel at a foreign POL and can result in claims from cargo
interests seeking damages from the Carrier for delay or
non-delivery.
3. Cargo held at origin POL or destination POL may result in
inspection, stuffing and re-delivery expenses.
4. Cargo which is disallowed discharge at the destination POD may
result in non-delivery, additional transportation charges,
handling charges and other claims by the Cargo interest at the
destination point.
5. Vessel Operator Carriers may claim damages against the Carrier.
6. On co-loaded cargo one parcel or unit in a shipment may result in
the rest of the cargo in a Shipment, and therefore, the Carrier,
being subject to any of the damages named above.
7. Because of the possibility of the above, Carrier may refuse to
load any cargo tendered to it for which it has not received either:
(i) the data required by paragraph a. of this Rule by the deadlline
specfied therein; or
(ii) the certification required in paragraph b. of this Rule by the
deadline specified therein.
8. Any and all costs incurred by the Carrier with respect to Cargo in
its possession which is not loaded at origin, or discharged at
destination, due to the failure of a Shipper or an NVOCC to provide
required information or certification, or which is not loaded or
discharged pursuant to the instructions of the U.S. Customs Service,
regardless of the reason, whether or not it is caused by the
omissions or commissions of a Shipper or an NVOCC, shall be for the
account of the Cargo, including for the account of any NVOCC which
has tendered Ccargo to the Carrier. Such costs shall include but
are not limited to inspection, storage and/or red-delivery costs, or
any other costs and expenses whatsoever resulting from the Cargo not
being loaded or discharged.
9. Indemnification of the Carrier: If this or any other Carrier is
assessed a civil penalty or denied permission to load or unload
Cargo, then any and all Shippers, Consignees, Cargo Owners, NVOCCs
along with their agent(s) that have failed to provide the
information required by this Rule and/or by the regulations of the
U.S. Customs Service in a complete and accurate manner shall be
jointly and severally liable to indemnify and reimburse the Carrier
for any such penalty and any and all costs incurred by the Carrier
as a result of the denial of permission from U.S. Customs to load
or unload cargo.
10. If the Carrier is not culpable in any way for any penalties and
costs, all Shippers, Consignees, Cargo Owners, NVOCCs along with
their agent(s) shall further be jointly and severally liable to
indemnify and reimburse the Carrier for any such penalty and any
and all costs incurred by the Carrier as a result of the denial of
permission to load or unload cargo, or for any penalty imposed by
U.S. Customs, whether or not such costs or penalties resulted from
the omission or acts or those parties.
11. Carrier shall have a lien on any Cargo in its possession for
amounts due hereunder and may hold cargo until such amounts, are
paid or sell such cargo after a reasonable period. In the event
Carrier is forced to take legal action to collect amounts due
hereunder, Carrier shall be entitled to recover all costs,
including reasonable attorneys' fees, incurred in connection with
such legal action.
e. MANIFEST SECURITY PROCESSING FEE: Except as otherwise specifically
provided on an individual Web Rate Page, all Shipments imported into
the United States moving on the rates and charges named in this
Tariff are SBJ to the U.S. Manifest Processing Fee specified below,
which charge shall be in addition to all other applicable charges:
See Individual Web Rate Pages for Charges
If a correction and/or amendment is or must be made to data that has
already been submitted to U.S. Customs thru the Automated Manifest
System, Carrier will assess the Correction Fee named below, which
charge shall be in addition to all other applicable charges:
See Individual Web Rate Pages for Charges
