Effective	17FEB2014
Filed	17FEB2014
Filing Codes	IC

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 on board a vessel that
   will call a United States port for discharge of U.S. import cargo, and
   foreign destination cargo remaining on board the vessel, to the U.S.
   Customs Service not later than 24 hours prior to the time the cargo is
   loaded on a vessel in 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, 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 in the United
   States, even though destined to a non-United States destination, must
   submit the following information regarding such cargo to the 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 the
   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"
     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 upon implementation
     of the Automated Commercial Environment ("ACE").  Co-loading NVOCCs
     must provide 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, owner or 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 the container.
      
b. AMS QUALIFIED NON-VESSEL-OPERATING COMMON CARRIERS:
   NVOCCs which tender cargo to the Carrier for co-loading 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 maintains an effective Tariff, and has posted the
   required bond(s) with the FMC.
     
  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 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 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 the Carrier may readily identify
     such cargo.  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.
         
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 the Carrier for
     inaccurate or untimely submitted cargo manifest data.
       
  2. A Customs "hold" order can result in cargo not being laden on 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 stripping,
     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. Underlying VOCCs could claim damages against the Carrier.
      
  6. On co-load cargo, one of the parcels SBJ to Customs' action 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 be stripped, re-stuffed, and re-delivered.
     Claims could arise from the underlying VOCC, from Customs, or from
     the affected cargo interests.
     
  7. Accordingly, the 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
       specfied therein; or
  ii. the certification required by 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, 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 the 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.
    
  9. Indemnification of the Carrier:  If NVOCC-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 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 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 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 cargo in its possession for amounts due
     hereunder and may hold cargo until such amounts, and any other unpaid
     freights or charges, are paid in full 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. MANIFEST SECURITY PROCESSING FEE (AMS): Except as otherwise
   specifically provided in individual TLIs, all Shipments imported into
   the United States moving on rates and charges named in this Tariff are
   SBJ to the U.S. Manifest Processing Fee (AMS Fee) specified below,
   which charge shall be in addition to all other applicable charges
   including all otherwise applicable charges named herein:
    
     # AMS Fee:  US$ 25.00 per B/L
     
   If a correction and/or amendment is made to data that has already been
   filed with the 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:
        
     # Correction Fee:  US$40.00 per Correction
     
 # - Provisions and Charges transferred from Rule 2.8.

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