RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION PROVISIONS Eff: 21FEB2025

Effective 21FEB2025
Filed 21FEB2025
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 on board its 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 Carrier's vessel in a 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 NVOCCs tendering cargo
   to Carrier that is to be transported to the United States or that will
   be on a Carrier 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 Carrier vessel.
   It is the responsibility of Shipper to inquire from the Carrier when
   booking cargo when a specific vessel is 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").  NVOCCs tendering
     cargo to Carrier must provide complete shipper information.  Neither
     the 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.  NVOCCs must provide
     complete consignee information.  Neither the 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 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 Carrier
     vessel when it calls a United States port and provides the required
     cargo declaration data for that cargo directly to the U.S. Customs
     Service as an AMS qualified NVOCC shall identify 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 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 delivery of cargo to be loaded on Carrier's
     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 a specific vessel is 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 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 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. Other Vessel carriers could claim damages against the Carrier.
      
  6. On shipments containing multiple parcels, 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
     NVOCC 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
     entire container, requiring the container to be stripped, re-stuffed,
     and re-delivered.  Claims could arise from the Carrier, from Customs,
     or from the affected cargo interests.
     
  7. Accordingly, the Carrier may refuse to load any cargo or container
     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 a
     shipper or an 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 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 Carrier is assessed a civil
     penalty or denied permission to load or unload cargo, then any and all
     shippers, consignees, cargo owners, NVOCCs and/or 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 all 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 named in this Tariff, 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 specified below, which
   charge shall be in addition to all other applicable charges including
   all otherwise applicable charges named herein:
        
     AMS SERVICE FEE:  USD 50.00 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:
        
     AMS CORRECTION SERVICE FEE: USD50.00 per B/L.

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