Rule Detail
Access Date: 13May2022 Tariff: 980000-006- Rule Number:
- 442
- Rule Title:
- COMMODITY DESCRIPTIONS TO BE PROVIDED
- Effective:
- 01Jun2015
- Thru:
- Expires:
- Publish:
- 18May2015
- Amend Type
- I
A. The Shipper or his Agent will provide Carrier with
accurate Bill of Lading information at the time
shipment is tendered for movement, listing
specifically the commodity or commodities being
tendered, the weights and measures thereof where
appropriate, and the origin and destination of the
cargo. Commodity description requires a written,
English, description of the cargo. Cargo moving under
Government Bills of Lading may be described using
government codes.
B. For the purposes of this Rule, time of tender will be
defined as:
1) Not later than the second 5:00 p.m. Pacific Standard
Time following actual time of vessel sailing
from the Port of Loading. Saturdays and Sundays
will be excluded from this calculation.
2) If a holiday, as defined in Rule 110, Section 11,
occurs in the days between sailing and the
second weekday, time of tender will be not later
than 12:00 (noon) Pacific Standard Time, on the
third day.
C. Carrier's Agent, TAG (The Adherence Group), will have
the authority to detain containers for which paperwork
containing commodity descriptions, weights and
measures, have not been tendered per (B) above.
Containers will be detained until paperwork containing
commodity description, weights and measures is
tendered to the Carrier. TAG must notify Shipper or
Consignee that container is "on hold" prior to vessel
arrival. Containers may be impounded by TAG prior to
delivery for verification of commodity descriptions and
weights or measures per the provisions of Rule 572.
Impounded containers will be subject to the provisions
of Rules 504 or 505, as appropriate (Free Time
Demurrage/Detention Rules).
D. 1. Provisions of this Rule shall not be construed as
circumventing the requirements for proper descriptions
of lading as required by Law, including weight
certifications or manifests of hazardous materials,
which must accompany a vehicle as it is transported.
2. Pursuant to sections of the Intermodal Safe
Container Transportation Amendments Act of 1996
which took effect January 1, 2001, for each shipment
rated as FAK (Freight All Kinds) with an actual gross
cargo weight of more than 29,000 pounds per container,
where the weight of any one commodity in the container
equals or exceeds 20% of the total weight of the
contents of the container, Shipper may no longer use
the term "FAK" as the sole commodity description for
the purpose of certification under the Act. Rather,
Shipper must provide to Carrier a reasonable
description of the contents of the container as well
as comply with all other certification requirements of
the Act.
E. Carrier will not accept Replacement Bills, or late
Master Bills in lieu of descriptive Memo Bills, nor
will Carrier accept Corrected Bills of Lading for the
purpose of commodity descriptions after receipt of
shipment when such correcting would be solely for the
purpose of circumventing Carrier's requirement for
providing accurate documentation in a timely manner.
In the event Shipper does not furnish proper
documentation within ten working days from the time
of tender, TAG will inspect container and charges will
be based on inspection of cargo.
F. For shipments that are moving on door rates (Rate
Items beginning with 06 and 09) and proportional rates
(Rate Items beginning with 05) excluding Items
059821-0800, 069821-0800 and 069830-0000, Carrier may
elect to accept billing and rating information at the
time of booking in lieu of providing Bill of Lading
information, as required in Section A of this Rule.
Accepting rating and billing information at the time
of booking in no way absolves Shipper or Supplier from
responsibility for providing accurate and complete
shipping information, nor from the provisions of Rule
572, Cargo Misdescription. In the case where Shipper
and Carrier agree to provide/accept rating and billing
information at the time of booking, the booking
information, including commodity description, provided
at the time of booking will be considered shipping
instructions and be relied upon for billing purposes.
accurate Bill of Lading information at the time
shipment is tendered for movement, listing
specifically the commodity or commodities being
tendered, the weights and measures thereof where
appropriate, and the origin and destination of the
cargo. Commodity description requires a written,
English, description of the cargo. Cargo moving under
Government Bills of Lading may be described using
government codes.
B. For the purposes of this Rule, time of tender will be
defined as:
1) Not later than the second 5:00 p.m. Pacific Standard
Time following actual time of vessel sailing
from the Port of Loading. Saturdays and Sundays
will be excluded from this calculation.
2) If a holiday, as defined in Rule 110, Section 11,
occurs in the days between sailing and the
second weekday, time of tender will be not later
than 12:00 (noon) Pacific Standard Time, on the
third day.
C. Carrier's Agent, TAG (The Adherence Group), will have
the authority to detain containers for which paperwork
containing commodity descriptions, weights and
measures, have not been tendered per (B) above.
Containers will be detained until paperwork containing
commodity description, weights and measures is
tendered to the Carrier. TAG must notify Shipper or
Consignee that container is "on hold" prior to vessel
arrival. Containers may be impounded by TAG prior to
delivery for verification of commodity descriptions and
weights or measures per the provisions of Rule 572.
Impounded containers will be subject to the provisions
of Rules 504 or 505, as appropriate (Free Time
Demurrage/Detention Rules).
D. 1. Provisions of this Rule shall not be construed as
circumventing the requirements for proper descriptions
of lading as required by Law, including weight
certifications or manifests of hazardous materials,
which must accompany a vehicle as it is transported.
2. Pursuant to sections of the Intermodal Safe
Container Transportation Amendments Act of 1996
which took effect January 1, 2001, for each shipment
rated as FAK (Freight All Kinds) with an actual gross
cargo weight of more than 29,000 pounds per container,
where the weight of any one commodity in the container
equals or exceeds 20% of the total weight of the
contents of the container, Shipper may no longer use
the term "FAK" as the sole commodity description for
the purpose of certification under the Act. Rather,
Shipper must provide to Carrier a reasonable
description of the contents of the container as well
as comply with all other certification requirements of
the Act.
E. Carrier will not accept Replacement Bills, or late
Master Bills in lieu of descriptive Memo Bills, nor
will Carrier accept Corrected Bills of Lading for the
purpose of commodity descriptions after receipt of
shipment when such correcting would be solely for the
purpose of circumventing Carrier's requirement for
providing accurate documentation in a timely manner.
In the event Shipper does not furnish proper
documentation within ten working days from the time
of tender, TAG will inspect container and charges will
be based on inspection of cargo.
F. For shipments that are moving on door rates (Rate
Items beginning with 06 and 09) and proportional rates
(Rate Items beginning with 05) excluding Items
059821-0800, 069821-0800 and 069830-0000, Carrier may
elect to accept billing and rating information at the
time of booking in lieu of providing Bill of Lading
information, as required in Section A of this Rule.
Accepting rating and billing information at the time
of booking in no way absolves Shipper or Supplier from
responsibility for providing accurate and complete
shipping information, nor from the provisions of Rule
572, Cargo Misdescription. In the case where Shipper
and Carrier agree to provide/accept rating and billing
information at the time of booking, the booking
information, including commodity description, provided
at the time of booking will be considered shipping
instructions and be relied upon for billing purposes.