Effective	13APR2024
Filed	14MAR2024
Filing Codes	CA

Control No. 24-01229
  
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:
  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:
     Classes A and B Explosives
     Radioactive Substances (IMCO Class No. 7)
     
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. MUST have all Certifications, as required by law, annotated on the
     B/L, Shipping Order and Cargo Receipt.
     
  3. 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 therequired 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. When specific reference is made on a Web Rate Page of this Tariff to
   this Rule, or which contains the statement "SBJ to HAZF", or the
   commodity description therein specifically designates that the commodity
   is "Hazardous," all shipments containing such Hazardous Cargo, when
   booked, accepted and transported by Malvar will be SBJ to the Hazardous
   Cargo Handling Surcharge named below, which charge shall be in addition
   to all other applicable charges (including any Hazardous Documentation
   charges named in Rule 2.8):
  
     HAZARDOUS CARGO HANDLING SURCHARGE:
{A}       USD65.00 Per B/L.

Table Of Contents