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.
