RULE: 2 - APPLICATION OF RATES AND CHARGES Eff: 01MAY2002
| Effective | 01MAY2002 |
|---|---|
| Filed | 01MAY2002 |
| Filing Codes | I |
A. Except as otherwise provided, rates apply from end of
ship's tackle at port of loading to end of ship's tackle
at port of discharge for port to port moves and from/to
end of ship's tackle at the port of loading/discharge
from/to Inland Carrier's Terminal for intermodal moves on
a through Bill of Lading.
The through rates published herein include all charges
for switching, drayage or other transfer services
(including handling and wharfage but excluding Terminal
charges as set forth in Rule 23 unless specified in the
individual rate item) at intermediate points on shipments
handled through and not stopped for special services at
such intermediate interchange points. Unless otherwise
provided, the rates in this tariff do not cover charges
established at destination ports by customs and/or port
tariffs which are for the account of the cargo whether or
not billed to carrier.
B. Rates published in this tariff are stated in terms of
U.S. Currency, except as provided in Rules 10 and 23, and
apply per 1000 kilos (W) or 1 cubic meter (M) as indica-
ted, whichever yields the greater revenue, except as
otherwise specified. Where the word "Weight" or the
letter "W" appears next to an article or commodity,
weight rates are applicable without regard to measure-
ment. Where the "Measurement" or the letter "M" appears
next to an article or commodity, measurement rates are
applicable without regard to weight.
All freight rates and other charges shall be based on the
actual gross weight and/or overall measurement of each
piece of package, except as otherwise provided.
Rates indicated by W/M or WM are optional weight or
measurement rates and the rate yielding the greater
revenue will be charged.
C. Rates as published herein do not include Marine or War
Risk Insurance or Consular fees.
D. Description of commodities shall be uniform on all copies
of the Bill of Lading and MUST be in conformity with the
validated United States Import/Export Declaration cover-
ing the shipment. Carrier MUST verify the Bill of Lading
description with validated United States Import/Export
Declaration. Shipper amendments in the description of
the goods will only be accepted if validated by United
States Customs.
Trade names are not acceptable commodity descriptions.
E. Unless otherwise specified, when the rates in this tariff
are based on the value of the commodity, such commodity
value will be the F.O.B. or F.A.S. value at the port of
loading as indicated on the Commercial Invoice, the
Custom Entry, the Import/Export Declaration or the
Shipper's Certificate of Origin. The F.O.B. value and
the F.A.S. value include all expenses up to delivery at
the loading port.
F. Nothing in this Tariff shall be construed as requiring
Carrier to transport property or furnish service for
which it does not have suitable or sufficient equipment,
nor to accept shipments when equipment is not available.
G. The rates shown in this tariff except where predicated on
specifically lower values or on an ad valorem basis, are
subject to Bill of Lading limit of value.
H. Packages containing more than one comodity will be
assessed the rate for the highest rated commodity con-
tained therein, except that advertising matter when
shipped in the same packages with, or in separate
packages accompanying the goods it advertises, will be
charged at the rate applicable to the goods it advertises
providing the advertising matter does not exceed 5
percent of the weight or measurement of the advertised
goods.
(Control No. 010244)
I. Parts of any commodity when shipped with that commodity
on the same bill of lading take the same rate as the
commodity. Parts of or packaging for a commodity when
shipped separately on a separate bill of lading will be
assessed Cargo, N.O.S. rates unless otherwise provided
in this Tariff.
J. The Carrier shall be under no obligation to transport
loaded containers or motor equipment whose gross weight
exceeds highway limitations or the marked gross capacity
of the containers or motor equipment. Fines, penalties,
and additional rehandling costs that are assessed due to
excessive container weight will be for the account of the
cargo.
K. TOLLAGE, WHARFAGE, AND HANDLING AND/OR OTHER CHARGES
Except as otherwise provided, any Tollage, Wharfage,
Handling, Demurrage, Storage and/or other charges
assessed against the cargo at Ports of Discharge will be
for the account of the Cargo. Any Tollage, Wharfage,
Handling and/or Charges at Port of Loading in connection
with storage, handling and receipt of cargo before
loading on the vessel shall be for the account of the
Cargo, and if such charges are assessed against the
vessel, the Carrier shall in turn bill and collect the
same charge in its full amount from the Shipper.
Any Additional Charges which may be imposed upon the
cargo by Governmental Authorities will be for account
of the Cargo.
L. 1. Notwithstanding anything to the contrary in Rule 2
(L)(3), when two or more rates may be applicable to
a given shipment and one rate is more specific than
the others, the most specific rate shall apply.
2. For purpose of determining if one rate is more
specific than another, the following shall apply
when comparing one tariff rate to another tariff
rate:
(a) Commodity Description
One rate is more specific than another when it
describes the commodity being shipped with greater
particularity than the other.
Example: Canned Pineapple is more specific than
Canned Fruit or than Canned Goods, N.O.S.
(b) Geographic Ranges
A rate to a specific destination or from a specific
origin, whether it is a through rate or a rate de-
rived by use of the tariff Arbitrary charges, is
more specific than a rate to or from a geographic
zone or range.
If one of the rates being compared is from a
specific origin and the other is to a more specific
destination will be deemed to be more specific.
Example 1: A rate to Los Angeles CA is more specific
than a rate to U.S. West Coast Ports.
Example 2: A rate from Taiwan is more specific than
a rate from Hong Kong/Taiwan.
Example 3: A rate from Indonesia to Los Angeles CA
is more specific than a rate from Jakarta to U.S.
West Coast Ports.
3. Except as otherwise expressly provided in this Rule 2
(L) or elsewhere in the applicable tariff, in the
event two or more rates are applicable to a given
shipment, the shipper shall be entitled to the lowest
of the applicable rates.
4. Rates to specific individual West Coast ports cannot
be used as the basis for computing U.S. Group 4
Destination Point rates.
5. When a commodity description includes a "viz." list,
the individual items in the viz. list will be used
to compare the description with any other commodity
description contained in the tariff for purposes of
determining which is more specific.
Example: The term "furniture, all kinds, viz.: rattan
furniture" would be considered as rattan furniture
for purposes of comparison with other rates for
specificity.
The term "N.O.S." after a commodity description will
not tender the rate for that commodity any more or
less specific than if the designation "N.O.S." were
not present.
Example: A rate for Canned Fruit, N.O.S. is no more
specific than a rate for Canned Fruit.
M. ADVANCE CHARGES
Shippers/Forwarders advance charge on Bill of Lading
for collection from Consignees will be accepted
providing they do not relate in any part to the cost
of the merchandise shipped and/or the ocean freight
thereon, but only covering legitimate expenses to
F.O.B. in connection with arrangement made for
particular shipment. Such advance charges shall be
accepted without carrier's responsibility. However,
and are at the full risk of the shipper/forwarder at
all times. Such charges must be shown in United
States Dollars. Carrier is not required or obligated
to remit such Charges back to the billing party until
carrier receives payment in full at destination.
N. CALCULATION OF NON-PUBLISHED RATES
The provisions of this rule apply as noted hereunder,
for the calculation of non published rates from a
through freight rate of a 40ft x 8'6" container which
is either filed as "base freight rate", "all inclusive"
or filed as being "inclusive of" any charges in addition
to base ocean freight. This rule applies only on per
container rates.
For the purposes of this rule the following definitions
shall apply:
I. Under the term "freight rate", origin/destination
arbitraries shall be considered as a part of the
base ocean fregiht and not as an additional charge.
II. Any rate that is filed as "all inclusive" shall be
considered as being inclusive ONLY of FAF, DDC, and
CAF (if a CAF exists from that particular origin or
to that particular destination).
III. Any charges other than FAF, DDC and CAF, will not
be considered as part of a rate filed as "all
inclusive" for the purposes of this rule.
IV. Any charge other than FAF, DDC and CAF that is to
be included as part of this rate, must be specifi-
cally named in the rate (Example: "inclusive of
ORC" or inclusive of Shanghai Port Surcharge")
V. If the 40'x8'6" container rate is filed as base
ocean freight, then the corresponding FAF, DDC
and CAF for a 40'x8'6" container rate must be added
to the base ocean freight in order to calculate the
freight rate for other container sizes.
O. CALCULATION OF NON-PUBLISHED SURCHARGES
Unless otherwise specificed in individual surcharges or
arbitraries, the method to determine the surcharge and
arbitrary for 20'x8'6" container is to multiply the sur-
charge of the 40'x8'6" container by 75% and round off
to the nearest five dollars.
Unless otherwise specificed in individual surcharges or
arbitraries, the method to determine the surcharge and
arbitrary for 40'x9'6" container is to multiply the sur-
charge of the 40'x 8'6" container by 112.5% and round
off to the nearest five dollars.
Unless otherwise specificed in individual surcharges or
arbitraries, the method to determine the surcharge and
arbitrary for 45'x9'6" container is to multiply the sur-
charge of the 40'x8'6" container by 126.6% and round
off to the nearest five dollars.
Unless otherwise specificed in individual surcharges or
arbitraries, the method to determine the surcharge and
arbitrary for 48'x9'6" container is to multiply the sur-
charge of the 40'x8'6" container by 144.3% and round off
to the nearest five dollars.
