RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION RULE Eff: 20JUL2004
Effective | 20JUL2004 |
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Filed | 20JUL2004 |
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 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 upon implementation of 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 in individual TLIs, 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: NONE CURRENTLY IN EFFECT 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: NONE CURRENTLY IN EFFECT