RULE: 2.8A - CARGO MANIFEST SECURITY DECLARATION RULE (AMS) Eff:
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. A container containing ten (10)
pallets with two-hundred (200) cases shall, for example, be
described as 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 identification 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 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. 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 specified 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 re-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 here-
under, 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 provided
in individual TLIs, when requested by Shipper to submit the Cargo
Declaration Data on its behalf of Shipper, Carrier will charge
the U.S. Manifest Processing Fee named below on Shipments imported
into the United States moving on rates and charges named in this
Tariff, which charge shall be in addition to all other applicable
charges:
On LCL Cargo: (As provided in NRAs SBJ hereto);
On FCL Cargo: (As provided in NRAs SBJ hereto).
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 Fee: (As provided in NRAs SBJ hereto).
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