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 such as "FAK,"
"General Cargo," "Chemicals," "Foodstuffs," and "Said to Contain" are
NOT acceptable descriptions.
2. Shipper's complete name and address, or the identification number
issued to the shipper by the 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.
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.
For purposes of this provision, 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.
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 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 therein; or
(ii) the certification required by paragraph B 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 hereunder, Carrier shall be entitled
to recover all costs (including attorneys' fees) incurred in connection
with such legal action.
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.