Effective	31JAN2022
Filed	31JAN2022
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 under 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
   or 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 effective Tariff, and have 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
     by the 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 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 form cargo interests seeking damages from the
     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 the
     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 be stripped, re-stuffed, and
     re-delivered.  Claims could arise from the vessel
     carrier, from Customs, 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 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 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 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: Except as otherwise specifically
   provided on an individual Web Rate Page or in an NRA, all Shipments
   imported into the United States moving on rates and charges named in
   any NRA or in a governed Rate 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:
        
       Applicable Charge will be specified in the NRA or on
        the Web Rate Page in a Tariff governed by this Tarif.
    
   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:
        
       Applicable Charge will be specified in the NRA or on
        the Web Rate Page in a Tariff governed by this Tarif.

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