Effective	20SEP2025
Filed	18SEP2025
Filing Codes	I

A. Submission of Cargo Declaration Data; Deadline for
Same: Pursuant to U.S. 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 for 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 in the 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
submit the following information regarding such cargo to
Carrier in writing, including by electronic
transmission, not later than 48 hours prior to the
cutoff time for the delivery of cargo to be loaded on
the vessel as set forth on the Carrier's web site.
 
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. Second Notify Party: 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 identify the Carrier as "Second Notify Party" in
the data submitted to the U.S. Customs Service. Until
such time as Carrier informs the NVOCC that the
identification of the Carrier as Second Notify Party
permits the Carrier to ascertain which cargo may be
loaded, the NVOCC shall be required to provide the
certification described in subparagraph B(2) below.
 
B2. Certification: Any NVOCC that submits cargo
declaration information directly to the U.S. Customs
Service shall, unless notified by the Carrier pursuant
to subparagraph B(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 less than 48 hours prior to the cutoff time
for the delivery of cargo to be loaded on the vessel as
set forth on the Carrier's web site in the Carrier's
published schedule, 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.
 
B3. NVOCC Co-Loading: For purposes of this subparagraph,
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 U.S. Customs Service, it shall do so for
all NVOCCs with which it co-loads and it shall comply
with subparagraph B(1) and/or B(2) above. 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 Carrier with the certification
described in subparagraph B(2) with respect to all
co-loaded cargo tendered to Carrier by the Master NVOCC.
 
B4. All NVOCCs shall be subject to Paragraphs C and D of
this rule.
 
C. Failure to Provide Information; Denial of Permission
to Load Cargo:
 
C1. 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 U.S. 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.
 
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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