HelpRule Detail
Access Date: 13May2022 Tariff: 980000-006
Print- Rule Number:
- 572
- Rule Title:
- CARGO MISDESCRIPTION/MISDECLARATION PROVISIONS AND CHARGES
- Effective:
- 01Jun2015
- Thru:
- Expires:
- Publish:
- 18May2015
- Amend Type
- I
Carrier reserves the right to place containers on hold in
order to weigh, measure, and inspect cargo, prior to
delivery to Consignee, while the cargo is in Carrier's
possession, to assure proper classification and commodity
description of the cargo. TAG, (The Adherence Group), as
Carrier's Agent, will have the authority to weigh,
measure and inspect containerized cargo and to review
commodity descriptions as well as the documentation
submitted to Carrier. TAG must notify Shipper or Consignee
that a container is "On Hold" prior to vessel arrival
except in the instance of a container or containers for
Shippers/Consignees who have previously had a shipment or
shipments where cargo misdescriptions were detected, in
which case, TAG is not required to provide prior
notification when placing a container on hold. TAG has the
right to hold containers for inspection purposes up to 24
hours after receiving the containers from Carrier, or
receiving the Bill of Lading information after receipt at
origin. If during the initial 24 hour inspection period it
is determined that the shipment is misdescribed or
misdeclared with respect to the commodity or commodities
loaded to the container, or weights or measures of
commodities therein and, if such misdescription or
misdeclaration results in a reduction in the freight
charges from what would otherwise be lawfully assessed for
the container, the following provisions shall apply:
A. TAG will impound the container(s) and notify the
Shipper/Consignee shown on the bill of lading.
B. The subject misdescribed or misdeclared
container(s) will be deleted from the Shipper's
master bill of lading and each subject
containerload shall be rated separately, as a
single container shipment, based on the actual
cargo loaded to the container as determined by
inspection/reweighing.
C. The container(s) shall be subject to the
provisions of Rule 504 or Rule 505 (Free Time
Demurrage and Detention) until the provisions of
this Rule have been met.
D. Carrier or its Agent, TAG, shall not be liable
for damage incurred as a result of any delay in
delivery of freight loaded to containers due to
the application of the provisions of this Rule.
(Whether or not a misdescription and/or
misdeclaration has actually occured).
E. Carrier reserves the right to refer all evidence
of misdescription or non-declaration of
commodities to the appropriate Federal regulatory
agencies for review.
F. Misdeclaration Penalty Assessment
1. Southbound:
In addition to the provisions set forth in B.
above, any container that has been misdescribed or
misdeclared, or contains non-declared cargo will
also be assessed an additional misdescription/
misdeclaration charge equivalent to 100% of the
difference between the charges based upon the
description(s) and/or declaration(s) as shown on
the original shipping documents and the new
charges
derrived from the correct description(s) and/or
declaration(s) as determined by weighing or
inspection. For hazarous materials misdescriptions
and/or misdeclarations, see (N) below.
Recidivism: If there is a chronic or habitual
pattern of similar misdescriptions by a single
shipper or consingee, for any given 60 day period,
the penalty shall be increased to 300% for the
third offense, 400% for the fourth offense and
continue to increase by an additional 100% for
each offense thereafter.
2. Northbound:
In addition to the provisions set forth in B.
above, any container that has been misdescribed or
misdeclared, or contains non-declared cargo will
be assessed Cargo, NOS rates per Commodity Items
080000 0500 (Dry Cargo) or 080000 0600
(Refrigerated Cargo)in this tariff. For intermodal
shipments, tariff inland charges or Carrier beyond
transportation charges shall be added to the cargo
destination point declared by the shipper. For
Hazardous Materials misdescriptions and/or
misdeclarations, see (N) below.
Recidivism: If there is a chronic or habitual
pattern of similar misdescriptions by a single
shipper or consingee, for any given 60 day period,
the penalty shall be increased to 300% for the
third offense, 400% for the fourth offense and
continue to increase by an additional 100% for
each offense thereafter.
G. Reserved
H. Reserved
I. Reserved
J. Any container seals which are removed for the
purpose of cargo inspection shall be replaced and
the new seal numbers will be identified on the
bill of lading. The removal and replacement of
seals under the provisions of this Rule will not
invalidate the integrity of "Shippers Load and
Count."
K. When unloading and/or reloading of the container
is required, and the inspection confirms a
misdescription or misdeclaration that results in
higher freight charges, the cost of the
unloading/reloading shall be assessed at the
following rates, per container, in addition to all
other charges per this Rule:
CONTAINERS UNLOADED/RELOADED AT U.S. MAINLAND
TERMINALS: $ 600.00
CONTAINERS UNLOADED/RELOADED AT HAWAII TERMINALS:
$1,000.00
TAG shall have sole discretion in determining
which containers require unloading and/or
reloading as provided herein, and where the
inspection shall take place.
L. Containers which have been impounded per the
provisions of this Rule will not be released by
TAG until full payment of all applicable tariff
charges have been received by TAG. Payment must
be in the form of cash, certified check or wire
draft only (See EXCEPTION).
EXCEPTION: Provided the Party responsible for
payment of charges as specified in
this Rule is currently extended
credit by Carrier, payment of these
charges may be accepted in the form
of a company check. Credit will not
be extended in any case, by TAG, for
charges assessed under this Rule.
M. All rates as set forth in this Rule are subject
to Cargo, NOS Wharfage Charges as specified in
Rule 998.
N. Hazardous Cargo shall be subject to the
provisions of Rule 540. The following charges
shall also apply in addition to all other charges,
on Hazardous Materials not meeting the lawful
requirements of Title 49 CFR, Parts 100-199, on a
per-container basis as follows:
1st Offense: $ 150.00
2nd Offense: $ 250.00
3rd or Subsequent Offense: $ 500.00
Non-compatible cargo:
When Cargo does not meet the segregation
requirements found in 49 CFR Part 176, Subpart D, a
charge of $1,000 per container will be assessed in
addition to all other charges as specified
in this Rule and Rule 540.
order to weigh, measure, and inspect cargo, prior to
delivery to Consignee, while the cargo is in Carrier's
possession, to assure proper classification and commodity
description of the cargo. TAG, (The Adherence Group), as
Carrier's Agent, will have the authority to weigh,
measure and inspect containerized cargo and to review
commodity descriptions as well as the documentation
submitted to Carrier. TAG must notify Shipper or Consignee
that a container is "On Hold" prior to vessel arrival
except in the instance of a container or containers for
Shippers/Consignees who have previously had a shipment or
shipments where cargo misdescriptions were detected, in
which case, TAG is not required to provide prior
notification when placing a container on hold. TAG has the
right to hold containers for inspection purposes up to 24
hours after receiving the containers from Carrier, or
receiving the Bill of Lading information after receipt at
origin. If during the initial 24 hour inspection period it
is determined that the shipment is misdescribed or
misdeclared with respect to the commodity or commodities
loaded to the container, or weights or measures of
commodities therein and, if such misdescription or
misdeclaration results in a reduction in the freight
charges from what would otherwise be lawfully assessed for
the container, the following provisions shall apply:
A. TAG will impound the container(s) and notify the
Shipper/Consignee shown on the bill of lading.
B. The subject misdescribed or misdeclared
container(s) will be deleted from the Shipper's
master bill of lading and each subject
containerload shall be rated separately, as a
single container shipment, based on the actual
cargo loaded to the container as determined by
inspection/reweighing.
C. The container(s) shall be subject to the
provisions of Rule 504 or Rule 505 (Free Time
Demurrage and Detention) until the provisions of
this Rule have been met.
D. Carrier or its Agent, TAG, shall not be liable
for damage incurred as a result of any delay in
delivery of freight loaded to containers due to
the application of the provisions of this Rule.
(Whether or not a misdescription and/or
misdeclaration has actually occured).
E. Carrier reserves the right to refer all evidence
of misdescription or non-declaration of
commodities to the appropriate Federal regulatory
agencies for review.
F. Misdeclaration Penalty Assessment
1. Southbound:
In addition to the provisions set forth in B.
above, any container that has been misdescribed or
misdeclared, or contains non-declared cargo will
also be assessed an additional misdescription/
misdeclaration charge equivalent to 100% of the
difference between the charges based upon the
description(s) and/or declaration(s) as shown on
the original shipping documents and the new
charges
derrived from the correct description(s) and/or
declaration(s) as determined by weighing or
inspection. For hazarous materials misdescriptions
and/or misdeclarations, see (N) below.
Recidivism: If there is a chronic or habitual
pattern of similar misdescriptions by a single
shipper or consingee, for any given 60 day period,
the penalty shall be increased to 300% for the
third offense, 400% for the fourth offense and
continue to increase by an additional 100% for
each offense thereafter.
2. Northbound:
In addition to the provisions set forth in B.
above, any container that has been misdescribed or
misdeclared, or contains non-declared cargo will
be assessed Cargo, NOS rates per Commodity Items
080000 0500 (Dry Cargo) or 080000 0600
(Refrigerated Cargo)in this tariff. For intermodal
shipments, tariff inland charges or Carrier beyond
transportation charges shall be added to the cargo
destination point declared by the shipper. For
Hazardous Materials misdescriptions and/or
misdeclarations, see (N) below.
Recidivism: If there is a chronic or habitual
pattern of similar misdescriptions by a single
shipper or consingee, for any given 60 day period,
the penalty shall be increased to 300% for the
third offense, 400% for the fourth offense and
continue to increase by an additional 100% for
each offense thereafter.
G. Reserved
H. Reserved
I. Reserved
J. Any container seals which are removed for the
purpose of cargo inspection shall be replaced and
the new seal numbers will be identified on the
bill of lading. The removal and replacement of
seals under the provisions of this Rule will not
invalidate the integrity of "Shippers Load and
Count."
K. When unloading and/or reloading of the container
is required, and the inspection confirms a
misdescription or misdeclaration that results in
higher freight charges, the cost of the
unloading/reloading shall be assessed at the
following rates, per container, in addition to all
other charges per this Rule:
CONTAINERS UNLOADED/RELOADED AT U.S. MAINLAND
TERMINALS: $ 600.00
CONTAINERS UNLOADED/RELOADED AT HAWAII TERMINALS:
$1,000.00
TAG shall have sole discretion in determining
which containers require unloading and/or
reloading as provided herein, and where the
inspection shall take place.
L. Containers which have been impounded per the
provisions of this Rule will not be released by
TAG until full payment of all applicable tariff
charges have been received by TAG. Payment must
be in the form of cash, certified check or wire
draft only (See EXCEPTION).
EXCEPTION: Provided the Party responsible for
payment of charges as specified in
this Rule is currently extended
credit by Carrier, payment of these
charges may be accepted in the form
of a company check. Credit will not
be extended in any case, by TAG, for
charges assessed under this Rule.
M. All rates as set forth in this Rule are subject
to Cargo, NOS Wharfage Charges as specified in
Rule 998.
N. Hazardous Cargo shall be subject to the
provisions of Rule 540. The following charges
shall also apply in addition to all other charges,
on Hazardous Materials not meeting the lawful
requirements of Title 49 CFR, Parts 100-199, on a
per-container basis as follows:
1st Offense: $ 150.00
2nd Offense: $ 250.00
3rd or Subsequent Offense: $ 500.00
Non-compatible cargo:
When Cargo does not meet the segregation
requirements found in 49 CFR Part 176, Subpart D, a
charge of $1,000 per container will be assessed in
addition to all other charges as specified
in this Rule and Rule 540.