RULE: 21.1 - CONTAINER DETENTION & DEMURRAGE CHARGES (SAFE HARBOR) Eff: 23MAY2025
| Effective | 23MAY2025 |
|---|---|
| Filed | 23APR2025 |
| Filing Codes | IA |
Control No. 25-01761
a. Tristate Forwarding Inc. is a non-vessel-operating common carrier
(NVOCC) (Tristate), and, does NOT provide any Carrier Owned or
Leased Container Equipment for the transportation of Cargo in the
foreign trades of the United States. However, Shippers or Consignees
utilizing the NVOCC Services of Tristate are reminded that, when Cargo
is tendered to Tristate, or delivered by Tristate, in or on Containers
or other Equipment that has been supplied by underlying VOCCs or
Equipment Leasing Companies, the use of such equipment may result in
Equipment Detention, Demurrage and/or Container Excess Dwell Charges
which are levied by the Underlying VOCC, Leasing Company and/or Terminal
Operator.
b. Unless Tristate is directly responsible for incurring such charges,
Tristate will only act as a collection agent on behalf of the invoicing
party, and, will pass such Detention, Demurrage and/or Dwell Charges, as
invoiced by the Underlying VOCC, leasing company or terminal operator,
to the Shipper or Consignes responsible for incurring such charges.
Tristate does not assume any responsiblity for determining, calculating
or verifying any detention and/or demurrage charges that have been
assessed, as such charges are determined solely by the Underlying VOCC,
Leasing Company or Marine Terminal Operator based on the provisions in
their Tariffs or contracts.
c. When invoicing for detention or demurrage charges VOCC's and/or their
agents are required to include the following thirteen (13) fields on all
invoices for detention and demurrage charges, deviation from which may
be subject to violation and penalties. These fields are:
(A) Date that container is made available.
(B) The port of discharge.
(C) The container number or numbers.
(D) For exported shipments, the earliest return date.
(E) The allowed free time in days.
(F) The start date of free time.
(G) The end date of free time.
(H) The applicable detention or demurrage rule on which the daily rate
is based.
(I) The applicable rate or rates per the applicable rule.
(J) The total amount due.
(K) The email, telephone number, or other appropriate contact
information for questions or requests for mitigation of fees.
(L) A statement that the charges are consistent with any of Federal
Maritime Commission rules with respect to detention and demurrage.
(M) A statement that the common carrier s performance did not cause or
contribute to the underlying invoiced charges.
If invoices for detention and demurrage provided by VOCCs and/or their
agents do not include the above information, the obligation to pay these
charges is eliminated for the charged party. (46 CFR Part 541).
d. Tristate is required to pass the VOCC's invoice for detention and
demurrage charges (or rebill same with copy of VOCC's documents) to the
appropriate party within thirty (30) days of receipt. If rebilling or
pass-through of the charges is NOT accomplished within the specified
time period, the obligation to pay these charges may be eliminated for
the charged party.
e. Unless the party incurring such Detention or Demurrage charges pays such
charges directly to the Underlying vOCC, Leasing Company or Marine
Terminal Operator, Carrier will assess the charges below when paying
such charges on behalf of the party who incurred them, which charge
shall be in addition to all other charges.
When The Detention, Demurrge I Tristate will assess a Handling
or Dwell Charges are: I Charge of:
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USD 500.00 or less I No additional Handling Charge
I
More than USD500.00 I 5% (Five Percent of the
I Charge amount
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