Effective	10FEB2023
Filed	10FEB2023
Filing Codes	IC

Except as otherwise provided in individual TLIs, all shipments moving
on the Rates named in this Tariff TO/THRU Ports and Points in the
United States FROM/THRU Foreign Ports and Points named in Rules 1.3
and 1.4 are SBJ to the AUTOMATED MANIFEST FILING FEE (AMS) named
herein when Carrier is requested or required to create and
electronically file cargo declarations with the U.S. Customs Service,
which charge shall be in addition to all other applicable charges.
Such charge will be assessed to cover compliance with the U.S.
Customs' Cargo Declaration Regulations requiring the submission of
certain cargo declaration data on all cargo destined to, moving
through, or remaining on board (FROB) any vessel calling at any Port
in the United States, which must be electronically lodged through the
U.S. Customs' Automated Manifest System at least 24 hours prior to the
time the cargo is loaded on the vessel at the non-U.S. Port of Loading.
     
a. DEAD LINE FOR SUBMISSION OF CARGO DECLARATION DATA: Carrier is an
   Automated Manifest System ("AMS") qualified filer, which is
   authorized to submit cargo manifest declarations electronically
   directly to U.S. Customs for shipments inbound into the United
   States.  Pursuant to U.S. Customs regulations Carrier is required to
   submit certain cargo declaration data for all cargo on board a vessel
   that will call a United States Port, which contains cargo for
   discharge at a U.S. Port, or which has foreign destination cargo that
   will remain on board the vessel (FROB), to the U.S. Customs Service
   not later than 24 hours prior to the time the cargo is loaded on a
   vessel at the non-U.S. port of loading.  In order to enable Carrier
   to comply with this requirement, except as provided in paragraph b.
   of this rule, any person or party who is not AMS qualified, or who
   does not wish to file the required AMS themselves, that tenders cargo
   to Carrier for  transportation to the United States or that will be
   on a vessel when that vessel calls a United States Port, even though
   destined to a non-United States destination (FROB Cargo), must submit
   the following information regarding such cargo to Carrier in writing,
   including by electronic transmission, not later than 48 hours prior
   to the cutoff time for delivery of cargo to be loaded on the vessel.
   It is the responsibility of Shipper to inquire from Carrier when
   booking cargo when specific vessels are scheduled to begin loading:
         
  1. A precise description of the cargo, or the 6-digit HTS number under
     which cargo is classified, and weight of the cargo, or for a sealed
     container, the shipper's declared description and weight of the
     cargo.  The quantity of cargo shall be expressed in the lowest
     external packaging unit.  For example, a container containing 10
     pallets with 200 cases shall be described as 200 cases.  Generic
     descriptions such as "Cargo, NOS," "FAK," "Freight, All Kinds,"
     "General Cargo," "Chemicals," "Foodstuffs," and "Said to Contain"
     are not acceptable descriptions.
   
  2. Shipper's complete name and address, or the identification number
     issued to the shipper by the U.S. Customs Service using the
     Automated Commercial Environment ("ACE").  Non-automated NVOCCs
     must provide complete shipper information.  Neither the
     non-automated NVOCC nor its agent shall be considered "shipper" for
     AMS reporting purposes.
   
  3. Complete name and address of the consignee, owner or owner's
     representative, or its ACE identification number.  Non-automated
     NVOCCs must provide complete consignee information.  Neither the
     non-automated NVOCC nor its agent shall be considered "consignee"
     for AMS reporting purposes.
    
  4. Internationally recognized hazardous material code when such
     materials are being shipped.
   
  5. Seal numbers for all seals affixed to the container.
    
b. AMS QUALIFIED NON-VESSEL-OPERATING COMMON CARRIERS:
   Non-Vessel-Operating Common Carriers ("NVOCCs") which have tendered
   cargo to Carrier as shippers that are licensed by or registered with
   the FMC and that have obtained U.S. Customs bonds, and have otherwise
   qualified as AMS NVOCCs, must submit the required inbound cargo
   declaration data directly to the U.S. Customs Service.  For the
   purpose of this term, an NVOCC is registered with the FMC if it has
   been issued an Organization Number by the FMC, published a valid and
   effective Tariff, and posted the required bond(s) with the FMC.  AMS
   qualified NVOCC requirements:
        
  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 in the United States and 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 subparagraph 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 delivery 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.  Such certification shall describe the cargo tendered with
     sufficient specificity (including container number) that Carrier
     may readily identify such cargo.  It is the responsibility of
     Shipper to inquire from Carrier when booking cargo when specific
     vessels are scheduled to begin loading and to determine cutoff
     times.
             
  3. Non-automated Non-Vessel Operating Common Carriers:  NVOCCs that
     are not automated, which tender cargo the Carrier, must timely and
     accurately provide all the information to Carrier in the manner
     described above in Paragraphs a. through a.5, even for cargo which
     is tendered to the NVOCC by other non-automated NVOCCs.
        
  4. NVOCC Co-Loading:  For purposes of this subparagraph, the term
     "Master NVOCC" shall mean the NVOCC that is the customer of the
     vessel carrier and tenders co-loaded cargo to the vessel carrier
     in its name.  When the Carrier is the Master NVOCC, automated
     NVOCCs tendering cargo to the Carrier shall make the certification
     required by b.2 above to Carrier, and accurately and timely submit
     cargo declaration data for its co-loaded cargo directly to the U.S.
     Customs Service.  If the cargo submitted by the co-loading NVOCC,
     includes additional NVOCC co-loaded cargo from non-automated
     NVOCCs, the co-loading NVOCC shall report all the pertinent data
     for those shipments directly to U.S. Customs.  In the event that
     Carrier does not act as the Master NVOCC, then the Carrier shall
     submit AMS data directly to U.S. Customs for its shipments only.
              
c. Failure by Carrier, whether or not caused directly by -Carrier, to
   provide accurate and timely information to U.S. Customs could result
   in the following penalties, claims, sanctions, or damages which
   includes 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 onto a
     vessel at a foreign port, and can result in claims from cargo
     interests seeking damages from the Carrier for delay or
     non-delivery.
        
  3. Cargo held at origin or destination can result in inspection,
     stuffing and re-delivery expenses.
           
  4. Cargo which is disallowed discharge at the destination port can
     result in non-delivery, additional transportation charges, handling
     charges and other claims by the cargo interest at the destination
     point.
               
  5. Vessel carriers could claim damages against Carrier related to AMS
     participation by Carrier.
          
  6. On co-load cargo, one of the parcels could subject the rest of the
     cargo, and therefore, the Carrier, to all of the damages named
     above.  For example, a container with six shipments consolidated
     from six different shippers, may have a hold on it due to one of
     the six shipments; this puts a hold on the container, and the
     container has to stripped, re-stuffed, and re-delivered.  Claims
     could arise from the vessel carrier, from Customs, from the
     affected cargo interests.
    
d. Since Carrier could be subject to any of the Customs actions named in
   paragraph c., 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 deadline specified therein; or (ii) the
   certification required by paragraph b of this Rule by the deadline
   specified therein.  Additionally:
         
  1. Any and all costs incurred by Carrier with respect to cargo in its
     possession which is not loaded, or discharged at destination due to
     the failure of Shipper or NVOCC to provide 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
     shipper or NVOCC, shall be for the account of the cargo, including
     for the account of any NVOCC which tenders cargo to Carrier.  Such
     costs shall include but are not limited to inspection, storage
     and/or re-delivery costs, or any other costs and expenses
     whatsoever resulting from the cargo not being loaded or discharged.
        
  2. If Carrier is assessed a civil penalty or denied permission to load
     or unload cargo, then any and all shippers, consignees, cargo
     owners, NVOCCs and their agent(s) that 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
     indemnify the Carrier against such penalties and shall be jointly
     and severally liable to reimburse 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.
              
  3. If Carrier was not culpable in any way for said penalties and
     costs, all shippers, consignees, cargo owners, NVOCCs and their
     agent(s) shall further be jointly and severally liable to indemnify
     and reimburse 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.
         
  4. Carrier shall have a lien on cargo in its possession for amounts
     due hereunder and may hold cargo until such amounts, and any other
     unpaid freights or charges, 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 attorneys' fees, incurred in
     connection with such legal action.
    
e. AMS PROCESSING FEE: Except as otherwise specifically provided in
   individual TLIs (web rate pages) of this Tariff, all applicable
   Shipments, for which Carrier prepares and electronically files the
   U.S. Customs Declaration Data, which move on the rates and charges
   named in this Tariff are SBJ to the AMS Processing Fee shown below,
   which charge shall be in addition to all other applicable charges
   including all otherwise applicable charges named herein:
   
     On shipments TO/THRU Ports and Points in the United States the
     applicable AMS PROCESSING FEE will as follows:
    
           CURRENCY     CHARGE PER AMS FILING 
         --------------------------------------
     applicable AMS charge will be as provided in a NSA or on a web rate
     page in a Tariff governed by this Tariff.  
         --------------------------------------
    
f. If through no fault, error or omission on Carrier's part, a
   correction and/or amendment must made to data that has already been
   filed with the U.S. Customs thru the Automated Manifest System,
   Carrier will assess the Correction/Amendment Fee named below, which
   charge shall be in addition to all other applicable charges:
   
     On shipments TO/THRU Ports and Points in the United States the
     applicable AMS CORRECTION/AMENDMENT FEE will be the same amount shown
     in paragraph e. herein.

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