RULE: 2.05 - Container Rules Eff: 26Mar1996

Effective 26Mar1996
Filed 20Feb1996
Filing Codes I

Upon request, Carrier will provide with ocean-going
containers for carriage of cargo, subject to the
conditions, provisions and charges named herein.

 A. Definition: As used in this Tariff a container
    means, regardless of ownership, any single, rigid,
    non-disposable dry cargo, ventilated, insulated,
    mechanically refrigerated or heated, portable liquid or
    dry tank, flat rack, vehicle rack, or open top
    container without wheels or chassis attached, having a
    closure (except racks) or permanently hinged door, that
    allows ready access to interior for loading or unloading
    or cargo.  All types or containers will have withstand,
    without permanent distortion, all the stresses that may
    be applied in the normal service use of continuous
    transportation. The term  "Trailer" when used in this
    Tariff shall be synonymous with and interchangeable with
    the term "container".

 B. Shipper/Consignee Responsibility/Liability: The Shipper
    and/or Consignee shall be responsible for the safety
    and security of any Carrier provided container in its
    possession under any provision of the rule or Tariff,
    and for any damage or injury to or loss of the container
    arising out of the use, operation, maintenance or
    possessions of such container by the Shipper, Consignee
    or their agent.  Additionally the shipper and/or
    Consignee shall be responsible for the removal of all
    blocking, braceing, strapping, paper or debris form the
    container, or for any solid or liquid contamination of
    any part of the container, and further shall be liable
    for the cost of cleaning and/or deodorization of the
    container to the satisfaction of the carrier.
    Actual cleaning and/or deodorization the container
    must be performed prior to return of the container.
    Any and all charges for such cleaning services
    shall be for the account of the Shipper/or Consignee.
 C. Removal of Containers for Loading/Unloading:
    Empty or loaded containers may be removed from
    designated CY or RY by the Shipper or his agent for
    loading and by Consignee or his agent for unloading,
    subject to the following provisions:

  1. Containers must be returned by shipper or Consignee to
     the CY or RY from which they were removed unless
     Carrier instructs or agrees that container is to be
     returned to another location.  Containers may only be
     interchanged during regular working hours, unless prior
     arrangements have been made for interchange at other
     times.

  2. Carrier will accept return tender of Shipper loaded
     and sealed containers at CY or RR subject to the
     provisions of paragraph d. below, and Bills of Lading
     issued for such containers shall be claused "Shipper
     Load, Stow and Count".

 D. Shipper Load, Stow and Count: When containers are
    loaded and sealed by Shipper, Carrier will accept such
    shipments as and Bills of Lading shall be claused,
    "Shipper Load, Stow and Count", and shall by subject to
    the following provisions:

  1. Carrier will not be responsible or liable, either
     directly or indirectly, for any damage resulting form
     the improper stowage, loading, or mixing of articles in
     containers, nor for any discrepancy or shortage in the
     count thereof, nor for any concealed or hidden damage
     to cargo.

  2. All Labor and Materials, such as lashing, bulkheads,
     cross members, platforms, dunnage, pallets or other
     similar materials, used to block, brace or secure cargo
     in container for safe transportation must be supplied
     by and at the expense of the Shipper. Carrier will not
     be responsible for, and rates named in this Tariff do
     not include, the return or exchange of such materials
     after use.  Materials used for securing, bracing,
     lashing, etc. (other than normal packaging or pallets)
     shall not be included in the overall weight or
     measurements of the cargo for the purposes of
     calculation freight charges.

  3. Shipper must furnish Carrier with a complete list of
     all cargo in each container, including a complete
     description of all articles in the container, and the
     gross weight and cubic measurement of the contents.
     When Shipper fails to provide a list setting forth the
     description of cargo and the overall weight and
     measurement of the contents of each.

  4. Carrier reserves the right to open, inspect and
     recalculate dimensions of cargo or to verify the
     contents of any container with respect to description,
     weight and/or measurement.  When Carrier opens a
     container such inspection will be indicated on the
     Bill of Lading and container will be resealed with
     Carrier's seal.  Where any error in description,
     weight or measurement is found, shipper shall be
     rebilled for all freight or additional charges due.
     Upon inspection of the container contents, if Carrier
     judges the packing or securing of cargo to be
     inadequate, the Carrier shall, at its option,
     either refuse to transport the cargo or shall repack
     and resecure the cargo in the container. Any repacking
     or resecuring expenses shall be for the account of
     cargo.

  5. Shippers placing locking devices on loaded containers
     must assume full responsibility for getting the proper
     key to the Consignee.

  6. When containers subject to "Shippers Load, Stow and
     Count" are delivered, Consignee or his agent must
     furnish Carrier with a clean receipt prior to release
     of the container or contents for delivery.

  7. All cargo loaded in a single container must be
     destined to a single port or point.  Further,
     containers destined to more than one ultimate
     receiver must be consigned to a single Consignee.

  8. Carrier will accept hazardous, dangerous or
     objectionable cargo loaded in containers only when
     Shipper has obtained Carrier's prior approval, and only
     when shipper has complied with all packing, labeling,
     marking listed in rule 16 of this Tariff.

 E. "On-Deck" Stowage: All cargo loaded on containers or
     other equipment may be stowed on-deck or under-deck at
     Carrier's option. Bills of Lading, Certificates,
     Letters of Credit or other documents requiring specific
     stowage shall not be issued and will not be accepted by
     Carrier, except when required b governmental agency.
  F. Gross Weight Restriction: Gross weight of loaded
     containers cannot exceed highway limitations, unless
     specifically authorized by relevant governmental
     authorities, and in no event shall the gross weight
     exceed the maximum weight capacity of the container.
     Further, without regard to intent, negligence or any
     other factor, Shipper, Consignee or their agents shall
     be and will remain jointly, severally and absolutely
     liable for any fine, penalty or other sanction
     imposed by and governmental authority on containers
     exceeding lawful over-the-road weight limitations when
     moving in transportation service provided under this
     Tariff.

  G. Should any Customs or other governmental authority
     order or require cargo to be discharged or unloaded
     form container for inspection or examination, or should
     any governmental authority impound, seize or detain
     cargo or container for any reason, all charges and
     expenses, including and applicable demurrage,
     detention or per diem charges, will be paid by the
     Shipper, Consignee or their agent. Moreover, Carrier
     will assume no risk or liability for the actions or
     omissions of such authorities or their agents.

Table Of Contents