A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.
Pursuant to varied Customs regulations, 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 72 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 72 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,’ ‘Chemicals,’ ‘Foodstuffs,’ and terms such as ‘Said to Contain’ are NOT 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’).
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. U.S.A. IMPORT SHIPMENTS
Per ISF 10+2 rule:
All 12 data elements must be submitted 48 hours prior vessel loading on foreign port (port of origin); changes on consolidator or stuffing location can be submitted up to 48 hours prior vessel arrival into US. U.S. Customs and Border Protection (CBP) has just recently announced that it will begin issuing liquidated damages (penalties of $5,000 for each violation; up to $10,000 per shipment) for non-compliant ISF filings.
LATE ISF: $5,000 penalty if the ISF is not filed at least 48 hours prior to lading aboard a vessel destined to the USA. This includes untimely filing of an ISF update and/or flexible ISF filing.
INACCURATE ISF: $5,000 per inaccurate and/or incomplete ISF filing. This includes missing and/or incorrect AMS bill of lading number representing the lowest level (e.g., HB/L).
AMENDMENTS: $5,000 for inaccurate or late ISF updates including an incorrect update to a flexible ISF filing.
2. U.S.A. EXPORT SHIPMENTS
Carrier will require complete and accurate shipping instructions by the DOC DUE BY (Document Due By) date mentioned on the NRA/NSA Booking / NRA/NSA Confirmation document. If not received by Doc due by (Document Due By) date, cargo will be rolled/postponed to the next available vessel and all costs associated with the postponement (rollover fee, handling, demurrage, etc.) will be billed to the Shippers/Owners Account.
U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply with the U.S. Bureau of Census, Mandatory Automated Export System regulations. Exporters can review the AES regulations at http://www.census.gov/foreign-
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 rules 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 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 Customs Service but NVOCCs 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 NVOCCs shall be subject to Paragraphs D and E of this rule.
D. FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO LOAD CARGO.
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 any cargo 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.
1. Any and all costs incurred by Carrier with respect to cargo in its possession which is not loaded due to the nonprovision 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 hereunder, 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.
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.
G. DOCUMENTATION CHARGES.
See Rule Nos. 2-150 for charges to apply.