RULE: 28 - DEFINITIONS Eff:
The Terms listed below will be defined and used as follows
in this Tariff:
"ALL INCLUSIVE" - means the freight rate shown with the
applicable rate includes ocean freight and all other
surcharges and assessorial charges, except those charges
effected by the choice or action of the shipper such as
detention diversion and/or reconsignment;
"ASSESSORIAL" - means an additional amount to be added to
the basic ocean freight rate for a specific service,
situation or pass-through fee as named in a rate;
"BILL OF LADING" - means contract of affreightment shipment
covering one shipment from one (1) consignor to one (1)
consignee with one (1) set of marks;
"BROKERAGE" - means payment by a common carrier to an ocean
freight broker. This is NOT FREIGHT FORWARDER COMPENSATION,
see Freight Broker for definition of services;
"BULK CARGO" - means cargo that is loaded and carried in bulk
without mark or count in a loose, unpackaged form, having
homogenous characteristics and is exempt from tariff filing
requirements. Bulk cargo loaded into intermodal equipment
is subject to mark and count and is, therefore, subject to
tariff filing requirements.
"BUSINESS HOURS" - means that period of each calendar day
except Saturdays, Sundays and Holidays from 8:00 A.M. to
5:00 P.M.;
"CARGO, N.O.S." - means articles not otherwise specified in
the individual NRAs governed by this tariff;
"CARRIER" - means ROHLIG USA, LLC;
"CAUTION" - means articles which may be subject to Rule No.
16 (Hazardous Materials) of Tariff;
"CHARITABLE AND/OR RELIEF GOODS" - the term Charitable and/or
Relief Goods as used in this Tariff means cargo that is composed
of materials, equipment, supplies and medicines NOT for resale
for use by Charitable non-profit or government agencies or
organizations engaged in welfare, medical, educational or
sheltering activities and/or engaged in the construction,
building or renovation of housing, medical or other
philanthropic related facilities;
"CHASSIS" - means a wheeled assembly, with or without container,
constructed to accept mounting of a demountable trailer body,
container or flexivan;
"CO-LOADING" - means the combining of cargo by two or more NVOCCs
for tendering to an ocean common carrier under the name of one
or more of the NVOCCs;
"COMBINATION RATES" - means an intermodal rate computed by adding
together the ocean freight rate in a TRI and inland freight rate
from/to an inland point;
"COMMON CARRIER" - means an entity holding itself out to the
general public to provide transportation by water of cargo
between the United States and a foreign country for
compensation that:
1. assumes responsibility for the transportation from port
or point of receipt to the port or point of destination;
and
2. utilizes, for all or part of that transportation, a vessel
vessel operating on the high seas or the Great Lakes between
a port in the United States and a port in a foreign country,
except ferry boat, ocean tramp, chemical parcel tanker or
vessels transporting proprietary cargo.
"CONSIGNOR, CONSIGNEE or SHIPPER" - The terms Consignor,
Consignee or Shipper INCLUDES all authorized representatives
or agents of such Consignor, Consignee or Shipper;
"CONTAINER" - The term Container as used in this Tariff 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
of cargo. All types of containers will have construction,
fittings and fastenings able to 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 inter-
changeable with the term "Container;"
"CONTAINER FREIGHT STATION" [See "S" Service Rule 2.1] - The term
Container Freight Station means a facility or terminal at origin
where breakbulk or packaged cargo is tendered to the Carrier by
Shippers for containerization and transportation, and/or the
facilities or terminal at destination where the Carrier unloads
and strips containers and makes breakbulk of packaged cargo
available to Consignee for Consignee pickup;
"CONTAINER YARD" [See "Y" Service Rule 2.1] - The term Container
Yard means the facilities or terminal provided or utilized by the
Carrier, where empty and loaded containers are tendered to,
received from and/or interchanged with the Carrier, and includes
any underlying VOCC container yard facilities authorized by the
Carrier;
"CONTROLLED TEMPERATURE" - means the maintenance of a specific
temperature or range of temperatures in containers;
"DAY" - means a twenty-four (24) hour period beginning at 12:01 A.M.;
"DELIVERY SERVICE" - The term Delivery Service means the services
performed or provided by the Carrier in transporting and delivering
cargo to a platform, sidewalk, doorway, or shipping room directly
accessible to an over-the-road vehicle at Consignee's premises.
Delivery Service does NOT include the delivery of cargo to
basements, floors or interior areas not directly accessible to
over-the-road vehicles, NOR does it include unpacking, erecting,
inspection of property or any other such similar services;
"DIVERSION" - The term Diversion means a change in the original
B/L instructions, made after cargo has been tendered to the
Carrier, requiring delivery of cargo to a different Consignee,
at a different address or to a different destination, a change
in the required routing of a shipment and/or any other change
in the shipping orders and instructions which requires Carrier
to perform or provide additional transportation service to
effect delivery of cargo at ultimate destination;
"DOOR" [See "D" Service Rule 2.1] - The term Door means a
Shipper's, Consignor's or Consignee's receiving and shipping
premises (i.e. a platform, doorway or shipping dock directly
accessible to a highway vehicle and Carrier's container);
"DROP AND PULL" - means Carrier's Trucker will deliver and leave
an empty or loaded container at Shipper's or Consignee's premises
for loading or unloading and then return later to pickup the
loaded or empty container to return that container to the
designated Container Yard or Rail Ramp;
"DRY CARGO" - means cargo other than that requiring atmospheric
and/or temperature control;
"EFFECTIVE DATE" - means the date upon which a published tariff,
tariff element or NRA is scheduled to go into effect. The first
day of effect for a tariff, tariff element, rate item or NRA;
"EXPIRATION DATE" - means the last day or effect for a tariff,
tariff element or NRA; after this date the tariff, tariff
element or NRA may NOT be used;
"EXPLOSIVE CARGO" - means cargo falling within Class A, B and C
explosives as defined in Rule 16 of this Tariff;
"FORESTRY PRODUCTS" - means forestry derived products inclusive
of, but not limited to the following: lumber in bundles, rough
timber, ties, poles, piling, laminated beams, bundled siding,
bundled plywood, bundled core stock or veneers, bundled particle
or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp
in unitized bales, paper or paperboard in rolls or in pallet or
skid sized sheets, liquid or granular by-products derived from
pulping and papermaking and engineered wood products. Generally
wood products not further worked that indicated in items above
are exempt from tariff publication requirements. Wood finished
products which have identifiable end usages are not "forestry
products" and would be subject to publication regulations;
"FREIGHT BROKER" - means an entity which is engaged by a carrier to
secure cargo for such carrier and/or to sell or offer for sale ocean
transportation services and which hold itself out to the public as
one who negotiates between shipper or consignee and carrier for the
the purchase, sale, conditions and terms of transportation;
"FREIGHT FORWARDER" - means a person that:
1. dispatches shipments from the United States via a common
carrier and books or otherwise arranges space for those
shipments on behalf of shippers; and
2. processes the documentation or performs related activities
incident to those shipments;
"FULL VISIBLE CAPACITY" - The term Full Visible Capacity, when
used in connection with container provisions, rules or rates,
means that no more of the same type of cargo can be loaded into
or on the transporting container or other carrying equipment
consistent with safety precautions and regulations necessary
to prevent damage to, or loss of, cargo;
"HARMONIZED SYSTEM' - means the Harmonized Tariff Schedule of the
United States, based on international Harmonized System,
administered by the U.S. Customs Service for the U.S.
International Trade Commission and Schedule B, administered by the
U.S. Census Bureau;
"HOLIDAY" - used in this tariff shall consist of the following days:
New Years Day, Martin Luther King Day, President's Day (Third Monday
in February), Memorial Day (Last Monday in May), Fourth of July,
Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and
Christmas Day. When any of the holidays stipulated above falls
on Sunday, the following Monday shall be deemed as that holiday;
"IN-GAUGE" - The term In-Gauge when used to restrict Flat-Bed,
Flat-Rack, Open Top or Platform Container/Trailer Rates means
that the cargo loaded on such equipment does NOT hang over any
portion of the sides or ends of the Container/Trailer, and,
further, that no part of the cargo is greater than 8 ft.-6 ins.
high;
"IN PACKAGES" - means any shipping form other than in bulk, loose,
in glass or earthenware not further packed in containers or on
skids;
"INTERMODAL TRANSPORTATION" - means continuous through transportation
involving more than one mode of service (e.g., ship, rail, motor,
air), for pickup or delivery at a point beyond the port at which
the vessel calls. The term intermodal transportation can apply to
through transportation at through rates or transportation on through
routes using combination rates. (See also Through Transportation);
"KILO TON (KT)" - means 1,000 Kilos;
"KNOCKED DOWN (KD)" - means that an article must be taken apart,
folded or telescoped in such a manner as to reduce its bulk at
least 33-1/3 percent from its normal shipping cubage when set up
or assembled;
"LABEL CARGO" - means cargo requiring White, Yellow, Red, Red Gas,
Green Gas, Poison Gas and Tear Gas labels as required by govern-
mental regulation. See Rule No. 16 of this Tariff;
"LOCAL RATES" - means rates or charges for transportation over
the route of a single common carrier, the application of which
is not contingent upon a prior or subsequent movement;
"LOCATION GROUP" - means a logical collection of geographic points,
ports, states, countries which is primarily used to conveniently
apply tariff rate items, rules or assessorial charges to all
locations within the grouping;
"LOYALTY CONTRACT" - means a contract with an ocean common carrier
or agreement by which a shipper obtains lower rates by committing
all or a fixed portion of its cargo to that carrier or agreement
and the contract provides for a deferred rebate arrangement;
"LUMPSUM" - means a rate stated for a given amount of cargo which
is not a standard shipping unit and may include various mixes of
shipping units, i.e. for shipment consisting of two (2) 20-foot
standard containers, one (1) 40-foot flatbed and five (5) pieces
totaling 50 cft. and weighing 3,500 lbs;
"MIXED SHIPMENT" - means a shipment consisting of two (2) or more
distinct commodities and/or articles described in and rated
under two or more rates, including NRAs, governed by this
Tariff;
"MOTOR CARRIER" - means participating motor carrier or motor
carriers;
"NEGOTIATED RATE ARRANGEMENT (NRA)" - means the written and binding
arrangement between an NRA shipper and eligible NVOCC to provide
specific transportation service for a stated cargo quantity, from
origin to destination on and after receipt of the cargo by the
Carrier or its agent (originating carrier in the case of through
Transportation);
"NESTED" - means that three or more different sizes of the
article or commodity are shipped so that beginning with the
smallest size each is placed within the next larger size, or
three or more of the articles must be placed within each other
so that, each upper article will not project above the lower
article more than one third of its height;
"NON-HAZARDOUS" - means non-label cargo which is permitted stowage
between decks or under deck (other than Magazine) under C.F.R.
Title 46 - Shipping, as amended, and such cargo that is so
classified under the provisions of Rule No. 16 of this Tariff;
"NON-VESSEL-OPERATING COMMON CARRIER (NVOCC)" - means a common
carrier by that provides transportation of cargo between the
United States and a foreign country for compensation without
operating the vessels by which the transportation is provided,
and is a shipper in its relationship to the ocean common carrier.
An NVO typically performs the following functions:
1. purchasing transportation services from a VOCC and offering
such services for resale to other persons;
2. payment of port-to-port or multimodal transportation charges;
3. entering into affreightment agreements with underlying shippers;
4. issuing bills of lading or equivalent documents;
5. arranging for and paying for inland transportation on through
transportation movements;
6. paying lawful compensation to ocean freight forwarders;
7. leasing containers; and
8. entering into arrangements with origin or destination agents.
"OCEAN COMMON CARRIER" - means a Vessel Operating Common Carrier,
as defined herein;
"OCEAN TRANSPORTATION INTERMEDIARY" - means an Ocean Freight
Forwarder or a Non-Vessel-Operating Common Carrier, which are
separately defined herein;
"ONE COMMODITY" - The term One Commodity indicates any and all
of the articles described in a single rate item, including NRA,
governed by this Tariff;
"OUT-OF-GAUGE" - The term Out-of-Gauge when used to restrict
Flat-Bed, Flat-Rack, Open Top or Platform Container/Trailer
Rates means that in some manner the cargo loaded on such
equipment either hangs over a portion of the sides or ends
of the Container/Trailer, or that a part of the cargo is
greater than 8ft.-6ins. high. (Such shipment may be SBJ to
applicable Extra Length, Height or Width Charges.);
"PACKAGE OR PACKAGES" - means any container other than trucks
or in shipping forms other than in bulk, loose or on skids,
providing such container or form of shipment will render the
transportation of the freight reasonably safe and practicable;
"PACKING OR STUFFING" - covers the actual placing of cargo into
the container as well as the proper stowage and securing thereof
within the container;
"PICKUP SERVICE" - The term Pickup Service means the service
performed or provided by the Carrier in calling for cargo at
a platform, sidewalk, doorway, or shipping room directly
accessible to an over-the-road vehicle at Shipper's premises.
Pickup Service does NOT include the removal of cargo from
basements, floors or interior areas not directly accessible
to over-the-road vehicles, NOR does it include packing,
dismantling, inspection of property or any other such similar
services;
"POINT" - means a particular city, town, village, community,
or other area which is treated as a geographic unit for the a
application of a rate item, including NRA, governed by this
Tariff;
"PLACE" - means a particular street address or other designation
or a factory, store, warehouse, place of business, private
residence, construction camp or the like, at a "Point";
"PROJECT CARGO" - The term Project Cargo means cargo that includes
materials, equipment and supplies employed in the construction,
development or supply of a named facility used for a major
governmental, charitable, manufacturing, resource exploration/
exploitation, public utility or public service purpose, including
disaster relief projects. No materials, equipment or supplies
covered under a Project Cargo Rate named in an individual rate
item, including NRA, governed by this Tariff shall be transported
for the purpose of resale or other commercial distribution;
A clause reading substantially as follows shall appear on all
Bills of Lading pertaining to project rates:
" All materials included in this B/L are of a wholly
proprietary nature and shall not be resold or
otherwise commercially distributed at destination."
"PROPORTIONAL" - The term Proportional, when used in connection
with a Rate, NRA Rate, Rule, Charge, Provision or Accessorial
Charge, means a provision whose application is restricted to
shipments of cargo having an immediate prior or immediate
subsequent movement, via any transportation mode, from or to
a named port, point or location group. The term immediate as
used herein means either:
- that no other thru or line haul transportation service, other
than the transportation service from the specified origin,
occurs prior to Carrier's receipt of cargo at origin; or
- that no other thru or line haul transportation service, other
than the transportation service to the specified destination,
occurs subsequent to Carrier's tendering cargo to on-carrier
at destination;
"PUBLISHER" - means an organization authorized to publish or amend
tariff information;
"RAIL RAMP" [See "R" Service Rule 2.1] - The term Rail Ramp means
the Trailer-On-Flat-Car (TOFC) or Container-On-Flat-Car (COFC)
facility or terminal of a rail carrier where loaded or empty
containers are tendered to, received from or interchanged with
rail carriers;
"RATE" - means a price stated in an individual NRA for providing
a specified level of transportation service for a stated cargo
quantity, from origin to destination, on and after a stated
effective date or within a defined time frame;
"RECONSIGNMENT" - The term Reconsignment means any change in the
original Bill of Lading instructions, made after cargo has been
tendered to the Carrier, requiring delivery of cargo to a
different Consignee, at a different address or to a different
destination, which requires Carrier to perform or provide
additional transportation service to effect delivery of cargo
at ultimate destination, or that requires an amendment to, or
the reissue of, the B/L or other shipping documents prior to
delivery at ultimate destination;
"REVENUE TON" - means 1,000 kilos or 1 cubic meter as freight
charges are assessed;
"SCOPE" - means the geographic locations, i.e. points, ports,
states, countries or combinations, to and from which the tariff
rules, rate, NRA and other provisions apply;
"SHIPMENT" - Except as otherwise specifically provided in this
Tariff, a shipment means a quantity of freight tendered to the
Carrier by one (1) Shipper, at one (1) port or point of origin,
at one (1) time, transported on one (1) B/L, for delivery to
one (1) Consignee, at one (1) destination port or point;
"SHIPPERS' ASSOCIATION" - means a group of shippers that
consolidates or distributes freight on a non-profit basis for
the members of the group in order to secure volume rates or
service contracts;
"SITE" - means a particular platform or specific location for
loading at a "Place";
"SPECIAL RATE" - A special rate is a rate established to meet
special or particular traffic, market or other conditions and
will be published as a rate subject to a "Thru Date" expiration
notice in the individual rate items, including NRAs, governed
by this Tariff. A Special Rate removes the application of the
Tariff Line Item or NRA rate on the same quantity, of the same
commodity, in the same packing or shipping form, from and to
the same ports and/or points, for the period during which the
Special Rate is in effect;
"STUFFING, UNSTUFFING" - means the physical placing of cargo into
or the physical removal of cargo from containers;
"TARIFF" - means a publication containing the actual rates,
charges, classifications, rules, regulations and practices of
a common carrier or conference. The term practices refers to
those usages, customs or modes of operation which in any way
affect, determine or change the transportation rates, charges
or services provided by a common carrier or conference;
"TARIFF RATE ITEM" - means a single freight rate, in effect on
and after a specific date for a specific time period for the
transportation of a stated cargo quantity, which may move from
origin to destination under a single specified set of transpor-
tation conditions, such as container size or temperature;
"THROUGH TRANSPORTATION" - means continuous transportation between
points of origin and destination, either or both of which lie
beyond port terminal areas, for which a through rate is assessed
and which is offered or performed by one or more carriers, at
least one of which is a common carrier, between a United States
point or port and foreign point or port;
"TIME/VOLUME RATE" - means a rate published in a tariff which is
conditioned upon receipt of a specified aggregate volume of cargo
or aggregate freight revenue over a specified period of time;
"TRAILER" - interchangeably, with Container, see definition for
CONTAINER;
"TRANSSHIPMENT" - means the physical transfer of cargo from one
vessel to another vessel in the course of all-water or through
transportation. When cargo is transferred from the vessel of one
carrier to a vessel of another carrier, at least one of the
carriers is an ocean common carrier subject to Federal Maritime
Commission jurisdiction and shall be deemed the "publishing
carrier" for the purposes of providing public notice of the
applicable through rate;
"TRUCK" - means any vehicle propelled or drawn by a single
mechanical power unit and used on the property;
"UNITIZED LOAD" - means a consolidation of shipping packages
secured to pallets when the individual component shipping
packages are bonded or otherwise securely held together to
form a single shipping unit that has been prepared by the
shipper in order to facilitate mechanical handling;
"VESSEL OPERATING COMMON CARRIER (VOCC)" - means a COMMON CARRIER,
as defined herein, operating vessels on the high seas or the Great
Lakes, between U.S. ports and foreign ports;
"WATER CARRIER'S TERMINAL" - means the place where cargo or loaded
or empty containers are received by water carrier or delivered by
water carrier. The place where water carrier assembles, holds or
stores cargo and its containers; and
"WORKING DAY" - means each calendar day, excepting Saturdays,
Sundays and Holidays, between 8:00 A.M. and 5:00 P.M.
Table Of Contents
