| Effective | 30MAY2024 |
| Filed | 30APRIL2024 |
| Filing Codes | I |
Same: All shippers of cargo on board a vessel that will
call in the United States, for U.S. import cargo, and
foreign destination cargo on board a vessel that will
call in the United States, must submit the information
named below regarding such cargo to the Carrier in
writing, including by electronic transmission, not later
than 24 hours prior to the receipt of the cargo by the
Carrier.
A1. 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” are not
acceptable descriptions.
A2. 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”).
A3. Complete name and address of the consignee, owner or
owner’s representative, or its ACE identification
number.
A4. Internationally recognized hazardous material code
when such materials are being shipped.
A5. Seal numbers for all seals affixed to the container.
B. 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 U.S. Customs bonds may 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
effective tariff, and posted the required financial
security with the FMC.
B1. 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 shall also be
required to fulfill the information requirements of
Paragraph A above, regardless of the fact that the
information has been submitted directly to U.S. Customs.
B2. NVOCC Co-Loading: For purposes of this subparagraph,
the term “Master NVOCC” shall mean the NVOCC that is the
customer of the VOCC and tenders co-loaded cargo to the
VOCCC in its name. In the event the Master NVOCC submits
cargo declaration data for co-loaded cargo directly to
the U.S. Customs Service, it shall do so for all NVOCCs
with which it co-loads. In the event the Master NVOCC
does not submit cargo declaration data for co-loaded
cargo directly to the U.S. Customs Service, but NVOCCs
with which it co-loads transmit cargo declaration data
for their cargoes directly to the U.S. Customs Service,
it shall be the obligation of the Master NVOCC to
provide the VOCC with the information described in
paragraph A with respect to all co-loaded cargo tendered
to the VOCC by the Master NVOCC.
C. Failure to Provide Information; Denial of Permission
to Load Cargo:
C1. Carrier may refuse to load any cargo tendered to it
for which it has not received the data required by
paragraph A of this Rule.
C2. Any and all costs incurred by Carrier with respect
to cargo in its possession which is not loaded due to
the failure to provide 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 hereunder,
Carrier shall be entitled to recover all costs,
including attorneys’ fees, incurred in connection with
such legal action.
D. Indemnification of Carrier: If Carrier is assessed a
civil penalty or denied permission to 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 Carrier for any such
penalty and any and all costs incurred by the Carrier as
a result of the denial of permission to unload 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 hereunder, Carrier shall be entitled
to recover all costs, including attorneys’ fees,
incurred in connection with such legal action.
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