FMC TARIFF RULES (Part 5/5) – GIA NGUYEN INTERNATIONAL LOGISTICS CO., LTD

RULE 24: NVOCCS IN FOREIGN COMMERCE: BONDS AND AGENTS

RULE 25: CERTIFICATION OF SHIPPER STATUS IN FOREIGN COMMERCE

RULE 26: CONTAINER WEIGHT REGULATIONS (SOLAS)

Upon tender of cargo to Carrier Shipper shall provide to Carrier a Shipper Actual Gross Mass Weight Verification (“VGM”) which meets the requirements of the International Maritime Organization (IMO) per its Guidelines relating to the Safety of Life at Sea Convention (SOLAS) for the export of containerized cargo.
If a Shipper does not provide a satisfactory VGM to Carrier prior to tendering the cargo to Carrier, Carrier has the right to refuse to accept such cargo until one is provided to Carrier or if Carrier does accept container(s) from Shipper it may lawfully opt to not deliver the container(s) to the ocean terminals for loading on a vessel until it does receive a satisfactory VGM.
At Carrier’s sole option, Carrier can arrange to obtain a VGM on Shipper’s behalf provided that Carrier agrees to do so in writing and by Shipper providing an executed written authorization for Carrier to do so in a format acceptable to Carrier whereby Carrier agrees to act as an agent on Shipper’s behalf solely for that purpose. Accepting that function shall not otherwise alter Carrier’s relationship as an independent contractor as Carrier. In the event that Carrier agrees to provide this service Carrier shall charge Shipper a VGM fee as stated in each individual NRA.
VGM’s provided by the Shipper to Carrier shall have been obtained from either Method 1 as described by SOLAS, which requires that the full container load was weighed after it was packed, and/or Method 2 which requires weighing all the cargo and contents of the container and adding the tare weight of the container as indicated on the door of the container.
Whether Method 1 or Method 2 is utilized by the Shipper, for the shipper’s weight verification to be compliant with the SOLAS requirement, it must be “signed”, meaning a specific person representing the shipper is named and identified as having verified the accuracy of the weight calculation on behalf of the shipper. Identification of the person signing requires that their full name, address, and phone number/e-mail address be provided.
Method 2 shall not be allowed by Carrier for scrap metal, un-bagged grain and other cargo in bulk “that “do not easily lend themselves to individual weighing of the items to be packed in the container”
Carrier will not accept estimates of weight, and the weighing equipment used must meet national certification and calibration requirements. Further, the party packing the container cannot use the weight somebody else has provided, except that individual, original sealed packages that have the accurate mass of the packages and cargo items (including any other material such as packing material and refrigerants inside the packages) are clearly and permanently marked on their surfaces.
If containers are delivered to the piers/terminals by the Carrier without a satisfactory VGM and the load port has appropriate weighing facilities, all charges, fees, and or penalties with respect to weighing subject container shall be for the account of the Shipper.
Carrier shall not be responsible for charges, fees, penalties, or other claims for containers for which a verified weight was provided prior to loading in a preceding load port and which may be loaded in transshipment ports which may require another VGM whether or not the SOLAS Guidelines do not require such re-weighing.
Shippers who tender less-than-container load (“LCL”), whether beneficiary cargo owners, or non-vessel operating common carriers shall similarly provide VGMs for cargo tendered to Carrier loading facilities and are subject to all weight regulations herein.
Shipper shall be responsible for all charges and fees from ocean carriers and/or terminals resulting from any VGMs provided by Shipper and/or third parties, or for any other reason whatsoever, including demurrage, detention, per diem, related to ocean carriers’ and terminals’ implementation of SOLAS.

RULE 27: LOYALTY CONTRACTS IN FOREIGN COMMERCE

RULE 28: DEFINITIONS

CARRIER – means publishing carrier and/or inland U.S. Carriers.
CONSIGNOR, CONSIGNEE OR SHIPPER – include the authorized representatives or agents of such “consignor,” “consignee,” or “shipper.”
CONTAINER FREIGHT STATION (CFS) – (Service Code S) –
1. At Origin – The location designated by the carrier where the carrier will receive cargo to be packed into containers by the carrier, or his agent.
2. At Destination – The location designated by the carrier for the delivery of containerized cargo to be unpacked from said containers.
CONTAINER LOAD – (CL) – Means all cargo tendered to carrier in shipper-loaded containers.
CONTAINER YARD – The term “Container Yard” (CY) (Service Code Y), means the location where carrier receives or delivers cargo in containers.
CONTROLLED TEMPERATURE – means the maintenance of a specific temperature or range of temperatures in carrier’s trailers.
DRY CARGO – means cargo other than that requiring temperature control.
IN PACKAGES – shall include any shipping form other than “in bulk,” “loose,” “in glass or earthenware, not further packed in other containers” or “skids”
KNOCKED DOWN (KD) – means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 33 1/3 percent from its normal shipping cubage when set up or assembled.
KNOCKED DOWN FLAT (KDF) – means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 66 2/3 percent from its normal shipping cubage when set up or assembled.
LESS THAN CONTAINER LOAD (LTL) – means all cargo tendered to carrier not in shipper-loaded/stuffed containers
LOADING OR UNLOADING – means the physical placing of cargo into or the physical removal of, cargo from containers.
MERCHANT– means any Person who at any time, in relation to the Goods, has been or becomes the shipper, consignor, consignee, exporter, importer, the holder of the Bill of Lading and/or the receiver or the owner of the Goods, any person entitled to possession of the Goods, any Person having a present or future interest in the Goods or any Person acting on behalf of any of the above-mentioned Persons, including a Factor or Lender.
MIXED SHIPMENT – means a shipment consisting of articles described in and rated under two or more NRAs.
MOTOR CARRIER – means U.S. Motor Carrier or Motor Carriers.
NVOCC SERVICE ARRANGEMENT (NSA) means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.
NSA SHIPPER – means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers’ association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.
NEGOTIATED RATE ARRANGEMENT (NRA) – means the written and binding arrangement between an NRA shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).
NESTED – means that three or more different sizes of the article or commodity must be enclosed each smaller piece within the next larger piece or three or more of the articles must be placed one within the other so that each upper article will not project above the lower article more than one third of its height.
NESTED SOLID – means that three or more of the articles must be placed one within or upon the other so that the outer side surfaces of the one above will be in contact with the inner side surfaces of the one below and each upper article will not project above the next lower article more than one-half inch.
ONE COMMODITY – means any or all of the articles described in any one-NRA.
PACKING – covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container.
PUBLISHING CARRIER – means PANTOS USA, INC., a Non-Vessel Operating Common Carrier (NVOCC) licensed by the U.S. Federal Maritime Commission under FMC License No. 000000.
RAIL CARRIER – means U.S. rail carrier or rail carriers.
SHIPMENT – means a quantity of goods, tendered by one consignor on one bill of lading at one origin at one time in one or more containers for one consignee at one destination.
STUFFING – UNSTUFFING – means the physical placing of cargo into or the physical removal of cargo from carrier’s containers.
UNPACKING – covers the removal of the cargo from the container as well as the removal of all securing material not constituting a part of the container.

RULE 29: ABBREVIATIONS, CODES & SYMBOLS

RULE 30: ACCESS TO TARIFF INFORMATION

RULE 31 to 200: RESERVED FOR FUTURE USE

RULE 201: NVOCC SERVICE ARRANGEMENT (NSA) ESSENTIAL TERMS (ET)