FMC TARIFF RULES (Part 1/5)

1. U.S. ATLANTIC BASE PORTS (ACBP):

   Baltimore, MD	Boston, MA	Chester, PA	Charleston, SC
   Jacksonville, FL	Miami, FL	New York, NY	Newark, NJ
   Norfolk VA	Philadelphia, PA	Savannah, GA	Wilmington, NC

2. U.S. GULF COAST BASE PORTS: (GCBP)

Houston, TX	Galveston, TX	Galveston, TX	New Orleans, LA
Tampa, FL	Mobile, AL

3. U.S. PACIFIC COAST BASE PORTS: (PCBP)

   Port Hueneme, CA	Los Angeles, CA	Long Beach, CA	Oakland, CA
   San Francisco, CA	Portland, OR	Seattle, WA	Tacoma, WA

4. GREAT LAKES BASE PORTS

   Chicago, IL

1. SUBSTITUTED SERVICE

   This provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.

2. INTERMODAL SERVICE

   Carrier will provide through intermodal service via all combinations of air, barge, motor and rail service.

   Intermodal Rates will be shown as single-factor through rates as specified in individual NRAs. Carrier’s liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8 herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual NRA of this tariff. Intermodal rates will apply from locations specified in rule 1-B.

Except as otherwise provided this tariff provides rules and regulations between USA Ports and Points, and Worldwide Ports and Points

• ASHMORE AND CARTIER ISLANDS, AUSTRALIA, AUSTRIA, BAHAMAS THE
• BAHRAIN, BAKER ISLAND, BANGLADESH, BARBADOS
• BASSAS DA INDIA, BELGIUM, BELIZE, BENIN
• BERMUDA, BHUTAN, BOLIVIA, BOTSWANA
• BOUVET ISLAND, BRAZIL, BRITISH VIRGIN ISLANDS, BRUNEI
• BULGARIA, BURKINA, BURMA, BURUNDI
• CAMBODIA, CAMEROON, CANADA, CAPE VERDE
• CAYMAN ISLANDS, CENTRAL AFRICAN REPUBLIC, CHAD, CHILE
• CHINA, CHRISTMAS ISLAND, CLIPPERTON ISLAND, COCOS (KEELING) ISLANDS
• COLOMBIA, COMOROS, CONGO, COOK ISLANDS
• CORAL SEA ISLANDS, COSTA RICA, CUBA, CYPRUS
• CZECHOSLOVAKIA, DENMARK, DJIBOUTI, DOMINICA
• DOMINICAN REPUBLIC, ECUADOR, FRENCH GUIANA, FRENCH POLYNESIA
• FRENCH SOUTHERN AND ANTARCTIC, GABON, GAMBIA THE, GAZA STRIP
• GERMANY, GHANA, GIBRALTAR, GLORIOSO ISLANDS
• GREECE, GREENLAND, GRENADA, GUADELOUPE
• GUAM, GUATEMALA, GUERNSEY, GUINEA
• GUINEA BISSAU, GUYANA, HAITI, HEARD ISLAND AND MCDONALD ISLA
• HONDURAS, HONG KONG, HOWLAND ISLAND, HUNGARY
• ICELAND, INDIA, INDONESIA, IRAN
• IRAQ, IRAQ SAUDI ARABIA NEUTRAL ZONE, IRELAND, ISRAEL
• ITALY, IVORY COAST, JAMAICA, JAN MAYEN
• JAPAN, JARVIS ISLAND, JERSEY, JOHNSTON ATOLL
• JORDAN, JUAN DE NOVA ISLAND, KENYA, KINGMAN REEF
• KIRIBATI, KOREA DEMOCRATIC PEOPLES REP, KOREA REPUBLIC OF, KUWAIT
• MALDIVES, MALI, MALTA, MAN ISLE OF
• MARSHALL ISLANDS, MARTINIQUE, MAURITANIA, MAURITIUS
• MAYOTTE, MEXICO, MIDWAY ISLANDS, MONACO
• MONGOLIA, MONTSERRAT, MOROCCO, MOZAMBIQUE
• NAMIBIA, NAURU, NAVASSA ISLAND, NEPAL
• NETHERLANDS, NETHERLANDS ANTILLES, NEW CALEDONIA, NEW ZEALAND
• NICARAGUA, NIGER, NIGERIA, NIUE
• NORFOLK ISLAND, NORTHERN MARIANA ISLANDS, NORWAY, OMAN
• PAKISTAN, PALMYRA ATOLL, PANAMA, PAPUA NEW GUINEA
• PARACEL ISLANDS, PARAGUAY, PERU, PHILIPPINES
• PITCAIRN ISLANDS, POLAND, PORTUGAL, PUERTO RICO
• QATAR, REUNION, ROMANIA, RWANDA
• SAN MARINO, SAO TOME AND PRINCIPE, SRI LANK, ST HELEN
• ST KITTS AND NEVI, ST LUCI, ST PIERRE AND MIQUELO, ST VINCENT AND THE GRENADINE
• SUDA, SURINAM, SVALBAR, SWAZILAN
• SWEDE, SWITZERLAN, SYRI, TAIWA
• TANZANIA UNITED REPUBLIC O, THAILAN, TOG, TOKELA
• TONG, TRINIDAD AND TOBAG, TROMELIN ISLAN, TRUST TERRITORY OF THE PACIFI
• TUNISI, TURKE, TURKS AND CAICOS ISLAND, TUVAL
• UGAND, UNION OF SOVIET SOCIALIST REP, UNITED ARAB EMIRATE, UNITED KINGDO
• URUGUA, US, VANUAT, VATICAN CIT
• VENEZUEL, VIETNA, VIRGIN ISLAND, WAKE ISLAN
• WALLIS AND FUTUN, WEST BAN, WESTERN SAHAR, WESTERN SAMO
• YEME, YUGOSLAVI, ZAIR, ZAMBI, ZIMBABW

1. NRAs are stated in terms of U.S. Currency and or local currencies, as applicable, and apply per 1 Cubic Meter (M) or 1,000 Kilos (W), as indicated, whichever basis yields the greater revenue, except as otherwise specified. Where the word “Weight” or the letter “W” appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word “Measurement” or the letter “M” appears next to an article or commodity, measurement rates are applicable without regard to weight.

   NRAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided.

   NRAs indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged.

2. Except as otherwise provided, all “Port” (i.e., Port-to-Port) rules published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such expenses levied in the first instance against the Carrier will be billed in an equal amount to the Owner, Shipper or Consignee of the Cargo. NRAs are applicable from Inland Points which lie beyond port terminal areas. Such NRAs will be shown as single factor through NRAs.

   Such NRAs shall be inclusive of all charges pertinent to the transportation of cargo and not including Customs clearance assessments or Forwarding Charges, except as provided.

   Alternatively, at shipper’s or consignee’s request, carrier will arrange for inland transportation as shipper’s or consignee’s agent. All associated costs will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement of said cargo (See item 16, re: Advanced Charges.)

   Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.

3. Packages containing articles of more than one description shall be rated on the basis of the NRA provided for the highest rated articles contained therein.

4. NRAs do not include Marine Insurance or Consular fees.

5. Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading description with the validated United States Export Declaration. Shipper amendments in the description of the goods will only be accepted if validated by United States Customs. Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its generally accepted generic or common name.

6. Unless otherwise specified, when the NRAs are based on the value of the commodity, such commodity value will be the F.O.B. or F.A.S. value at the port of loading as indicated on the Commercial Invoice, the Custom Entry, the Import/Export Declaration or the Shipper’s Certificate of Origin. The F.O.B. value and the F.A.S. value include all expenses up to delivery at the Loading Port.

7. The NRA shown except where predicated on specifically lower values or on an ad valorem basis, are subject to Bill of Lading limit of value.

8. Except as otherwise provided, NRAs apply only to the specific commodity named and cannot be applied to analogous articles.

9.  FORCE MAJEURE CLAUSE: “Without prejudice to any rights or privileges of the Carrier’s under covering Bills of Lading, dock receipts, or booking contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockades, port congestion, strikes or labor disturbances, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and affecting the Carrier’s operations, the Carrier reserves the right to cancel any outstanding booking or contract in conformity with Federal Maritime Commission Regulations.”

10. Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge will be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo.

    Any Additional Charges which may be imposed upon the cargo by Governmental Authorities will be for the account of the cargo.

11. TYPES OF SERVICE PROVIDED

    CY/CY (Y/Y)- The term CY/CY means containers packed by Shippers off Carrier’s premises, delivered to Carrier’s CY, accepted by Consignee at Carrier’s CY and unpacked off Carrier’s premises, all at the risk and expense of the cargo.

    CY/CFS (Y/S) – The term CY/CFS means containers packed by Shippers off Carrier’s premises and delivered to Carrier’s CY and unpacked by the Carrier at the destination port CFS, all at the risk and expense of the cargo.

    CFS/CFS (S/S) – The term CFS/CFS means cargo delivered to Carrier’s CFS to be packed by Carrier into containers and to be unpacked by the Carrier from the containers at Carrier’s destination port CFS, all at the risk and expense of the cargo.

    CFS/CY (S/Y) – The term CFS/CY means cargo delivered to Carrier’s CFS to be packed by Carrier into containers and accepted by Consignee at Carrier’s CY and unpacked by the Consignee off Carrier’s premises, all at the risk and expense of the cargo.

    DOOR (D) – Door Service pertains to the carrier providing inland transportation from/to the shipper’s/consignee’s designated facilities.

12. SERVICE OPTIONS:

    1. The following service types are available and pertain to rates contained in this tariff.

       Container Yard (Y)

       The term Container Yard refers to the specific location designated by the carrier where the carrier assembles, holds or stores containers and where containers loaded with goods are received or delivered.

       Container Freight Station (S)

       The term Container Freight Station means the location designated by the carrier or his authorized agent for the receiving of goods to be stuffed into containers or for the delivery of goods stripped from the containers by the carrier or his agent.

       Door (D)

       Door Service pertains to the carrier providing inland transportation from/to the shipper’s/consignee’s designated facilities.

       Door Service is applicable only where specifically provided in the individual NRA or where specified in an Inland Rate Table.

       Ocean Port (O)

       Ocean Port rates published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo at the origin and destination ports. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of the cargo.

    2. Any combination of the above services may be offered, i.e.: O/O, O/D, D/D, Y/S, Y/Y, etc.

    3. Carrier may also utilize the following terminology to describe its services:

       IPI Service, from Asia to USA

       The term IPI service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.

       MLB Service (Mini Land Bridge), from Asia to USA

       The term MLB service means shipments from Ports and Points in Asia discharged by Carrier at US Pacific Coast Base Ports (PCBP) and moved via rail and/or truck to destination CFS or CY at US Atlantic & Gulf Ports.

       RIPI Service, from Asia to USA

       The term RIPI service means shipments from Ports and Points in Asia discharged by Carrier at US Atlantic Coast Base Ports (ACBP) and moved via rail and/or truck to destination inland CFS, CY or Door points in the USA.

13. ADVANCED CHARGES

    Advanced charges on bills of lading for collection from shipper/consignee will be accepted provided such charges do not exceed the amount of freight on the bill of lading and provided they do not relate in any part to cargo cost and/or ocean freight thereon, but cover only carrying and other legitimate expenses from/to carrier’s terminal at bill of lading origin/destination. Such charges accepted without carrier’s responsibility and full risk is for the party requesting such advance.