Effective	23MAY2022
Filed	23MAY2022
Filing Codes	I

A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.
   -------------------------------------------------------
Pursuant to Customs regulations effective December 2, 2002,
Carrier is required to submit certain cargo declaration data
for all cargo on board a vessel that will call in the United
States (i.e., 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
Carrier's vessel at each 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 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 must provide the following information
regarding such cargo to Carrier in writing (including by
electronic transmission) in sufficient time for Carrier to
transmit the data to the Customs Service at least 24 hours
prior to the loading of the cargo on Carrier's vessel.
Failure to comply with these requirements will result in
cargo not being loaded.		
		
  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
(e.g., a container containing 10 pallets with 200 cases
shall be described as 200 cases).  Generic descriptions,
including, but not limited to, 'FAK,' 'General Cargo,'
'Cargo, N.O.S.,' 'Chemicals,' 'Foodstuffs,' and terms
such as 'Said to Contain' are NOT acceptable descriptions.
		
  2. Shipper's complete name and address, or the identi-
fication number issued to the shipper by the U.S. Customs
Service upon implementation of the Automated	Commercial
Environment ('ACE').
		
  3. Complete name and address of the consignee, owner or
owner's representative, or its ACE identification number.
		
  4. Internationally recognized hazardous material code
when such materials are being shipped.
		
  5. Seal numbers for all seals affixed to the container.
		
B. TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER.
   --------------------------------------------------
Except as otherwise provided below, the time for shipper to
submit data to Carrier shall be as follows:
		
  1. Shippers who submit their shipping instructions in
paper format will be required to submit their shipping
instructions to Carrier no later than seventy-two (72)
hours prior to vessel arrival at the foreign port of load.
This applies to all U.S. destined cargo as well as cargo
intended to be transshipped at a U.S. port and cargo that
will remain on the vessel for carriage to a non-U.S. port.
		
C. CERTAIN NON-VESSEL OPERATING COMMON CARRIERS.
   --------------------------------------------
Non-vessel operating common carriers	('NVOCCs') that are
licensed by or registered with the FMC and that have
obtained Customs bonds may submit the required inbound
cargo declaration data directly to the U.S. Customs Service
in accordance with Customs Service regulations and guidelines.
For purposes of this provision, an NVOCC is registered with 
the FMC if it has been issued an Organization Number by the
FMC, has published a valid and effective tariff, and has
posted the required financial security with the FMC.
		
  1. Certification:	Any NVOCC that submits cargo
declaration information directly to the Customs Service
shall, unless notified by the Carrier pursuant to
subparagraph C(1) above that it is not required to do
so, in lieu of the information required to be submitted
pursuant to paragraph A of this rule, provide the Carrier,
not later than the deadline for shipper submission of cargo
information under paragraph B of this rule, 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
Carrier may readily identify such cargo.		
		
  2. NVOCC Co-Loading:  For purposes of this paragraph, the
term 'Master NVOCC' shall mean the NVOCC that is the	customer
of the Carrier and tenders co-loaded cargo to the Carrier in
its name.  In the event the Master NVOCC submits cargo
declaration data for co-loaded cargo directly to the Customs
Service, it shall do so for all NVOCC5 with which it co-loads.
In the event the Master NVOCC does not submit cargo declaration
data for co-loaded cargo directly to the Customs Service but
NVOCC5 with which it co-loads transmit cargo declaration data
for their cargoes directly to the Customs Service, it shall be
the obligation of the Master NVOCC to provide Carrier with the
certification described in subparagraph C(1) with respect to
all co-loaded cargo tendered to Carrier by the Master NVOCC.		
		
  3. All NVOCC5 shall be subject to Paragraphs D and E of
this rule.		
		
D. FAILURE TO PROVIDE INFORMATION;
   DENIAL OF PERMISSION TO LOAD CARGO.
   ----------------------------------
		
  1. In the event Carrier fails to provide the required
inbound cargo declaration data to the U.S. Customs Service
for all cargo to be loaded on its vessel within the time
period required by Customs Service regulations it may,
among other things, be assessed a civil penalty, denied
permission to unload the cargo for which information was
not timely provided, and/or denied permission to unload
anycargo from the vessel on which the cargo is moving.
Accordingly, 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 pursuant to paragraph B; or (ii) the
certification required by paragraph C of this
rule by the deadline specified therein.
		
  2. Any and all costs incurred by Carrier with respect to
cargo in its possession which is not loaded due to the non-
provision of information or certification, or which is not
loaded pursuant to the instructions of the U.S. Customs
Service (regardless of whether or not the required data or
certification has been provided for such cargo), including
but not limited to inspection, storage and/or re-delivery
costs, shall be for the account of the cargo.  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 reasonable attorneys' fees and expenses)
incurred in connection with such legal action.
		
E. INDEMNIFICATION OF CARRIER.
   --------------------------
   If Carrier is assessed a civil penalty or fine or is
denied permission to unload cargo, because of the failure
of any and all shippers, consignees,	cargo owners, NVOCCs,
shippers' associations and their agent(s) to provide the
information required by this rule and/or by the regulations
or guidelines of the	U.S. Customs Service in a complete and
accurate manner, then such shippers,	consignees, cargo owners,
NVOCCs, shippers' associations and their agent(s)shall be
jointly and severally liable to indemnify and reimburse
Carrier for any such penalty or fine and any and all costs,
damages or liability, direct, indirect, special or consequential,
incurred by the Carrier as a result of the denial of	permission
to unload cargo or any delays related thereto.  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.
		
F. CONFIDENTIALITY.
   ---------------
   Carrier acknowledges that the information required by the
Customs Service may constitute confidential information that is
not generally available to the public.  Carrier, in accordance
with the requirements of Section 10(b) (13) of the Shipping Act
of 1984, as amended,	will keep confidential,	to the extent
permitted by law, all Shipper bill of lading information,
including information related to underlying shippers and
commodities in respect of containers of less than container-
load cargo containing shipments by more than one Shipper.

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