FMC Rules Tariff (2)

• Trade Names utilized by Carrier
• Rule 1 – Scope
• Rule 1-A – Scope
• Rule 1-B – Intermodal Service
• Rule 2 – Notice to Tariff Users
• Rule 2A – Application of NRAs and Charges
• Rule 2-010 – Packing Requirements
• Rule 2-020 – Diversion by Carrier
• Rule 2-030 – Mixed Commodities
• Rule 2-040 – Container Capacity
• Rule 2-050 – Shipper Furnished Container
• Rule 2-060 – Measurement and Weight
• Rule 2-070 – Overweight Containers
• Rule 2-080 – Shipper’s Load & Count
• Rule 2-090 – Diversion by Shipper or Consignee
• Rule 2-100 – Security Fees
• Rule 2-110 – Restricted Articles
• Rule 2-120 – Freight All Kinds
• Rule 2-130 - Alternate Rate Service Levels; Economy, Regular, Premium
• Rule 2-140 – AES USA Export Shipments
• Rule 2-150 – Documentation Fee
• Rule 2-160 – AMS Charges
• Rule 2-170 – Submission Cargo Declaration Data
• Rule 2-180 – U.S. Customs Related Charges
• Rule 2-190 – Lien Notice
• Rule 2-200 – Cargo Roll-Over
• Rule 2-210 – Free Time Detention/Demurrage/Storage
• Rule 3 – Rate applicability
• Rule 4 – Heavy Lift
• Rule 5 – Extra Length
• Rule 6 – Minimum Bill of Lading
• Rule 7 – Payment of Freight Charges
• Rule 8 – Bill of Lading
• Rule 9 – Freight Forwarder Compensation
• Rule 10 – Surcharges & Arbitraries
• Rule 11 – Minimum Quantity Rate
• Rule 12 – Ad Valorem
• Rule 13 – Transshipment
• Rule 14 – Co-Loading
• Rule 15 – Open Rates
• Rule 16 – Hazardous Cargo
• Rule 17 – Free Time & Demurrage
• Rule 18 – Returned Cargo
• Rule 19 – Shippers Request or Complaints
• Rule 20 – Overcharge Claims
• Rule 21 – Use of Carrier Equipment
• Rule 22 – Automobiles
• Rule 23 – Carrier Terminal Rules and Charges
• Rule 23-01 – Destination Terminal Handling Charge
• Rule 24 – NVOCC Bond and Process Agent
• Rule 25 – Certification of Shippers Status
• Rule 26 – Container Weight Regulations (SOLAS)
• Rule 27 – Loyalty Contracts
• Rule 28 – Definitions
• Rule 29 – Abbreviations, Codes & Symbols
• Rule 30 – Access to Tariff Information
• Rules 31-200 – Reserved for Future Use
• Rule 201 – NVOCC Service Arrangements (NSA) Essential Terms

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2 - 110: Restricted Articles

Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019 

Except as otherwise provided, the following articles will not be accepted for transportation:

• Cargo, loose on platforms or pallets, except when prior arrangements have been concluded with Carrier.
• Cargo which because of its inherent vice is likely to impregnate or otherwise damage Carrier’s containers or cargo.
• Bank bills, coin or currency; deeds, drafts, notes or valuable paper of any kind; jewelry including costume novelty jewelry, except where otherwise specifically provided, postage stamps or letters and packets of letters with or without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue stamps; works of art; antiques or other related or unrelated old, rare or precious articles of extraordinary value except when prior arrangements have been concluded with carrier.
• Corpses or cremated remains.
• Animals, birds, fish, livestock.
• Eggs, viz: Hatching.
• Poultry or pigeons live (including birds, chickens, ducks, pheasants, turkeys, and any other fowl).
• Silver articles or ware, sterling.
• Except as otherwise provided herein or in tariffs making reference hereto, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the carrier to accept an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe transportation.
• Carrier, except as provided in tariffs making reference hereto, will not accept for transportation articles which, because of their length, weight or bulk cannot in carrier's judgment be safely stowed wholly within the trailer or containers dimensions.
• Except as provided in tariffs making reference hereto, shipments requiring temperature control.
• Shipments containing cargo likely to contaminate or injure other cargo, including green salted hides.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-130:  Alternate Rate/Service Levels: Economy, Regular, Premium 

 Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019   

Different levels of Service may be offered by the Carrier. Unless otherwise specified in the individual NRA, NRAs are applicable for Regular Service.

1. Regular - Shipper accepts transit time as provided by the carrier on a regular basis as per carrier’s advertised sailing schedules and/or actual vessel carrier’s sailing schedules. Regular service rates are shown in this tariff, unless otherwise specified. The following are the various levels of rate service:
2. Premium - Shipper/Consignee requests carrier-provided premium service, in which case cargo will be delivered not less than 4 days faster than if shipped by regular service. Rates applicable to premium service will be noted "Premium Service" in the individual tariff line items. Shipper/Consignee must specifically request premium service at the time of shipment, or Shipper/Consignee must instruct carrier to provide premium service for all shipments of specific tariff line items.
3. Economy - Shipper/Consignee requests carrier to provide economy service, in which case shipments will be delivered not less than 4 days slower than if shipped by carrier's regular service. Rates applicable to economy service will be noted with "Economy Service" in the individual tariff line rate items. Shipper/Consignee requests for economy service must be made at the time of shipment. Shipper/Consignee must instruct carrier to provide economy service for all shipments of a specific tariff line item.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-150:   Documentation Fee 

 Effective: Sept. 25, 2019                    Expire Date: NONE                         Published: Sept. 25, 2019   

Document fees are considered origin and destination local charges and shall be for the account of the cargo. 

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-170:   Submission of Cargo Declaration Data 

 Effective: Sept. 25, 2019                      Expire Date: NONE                              Published: Sept. 25, 2019     

A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.
Pursuant to 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 (i.e., 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 at each 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 provide the following information regarding such cargo to Carrier in writing (including by electronic transmission) in sufficient time for Carrier to transmit the data to the Customs Service at least 24 hours prior to the loading of the cargo on Carrier's vessel. Failure to comply with these requirements will result in cargo not being loaded.

1. 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 (e.g., a container containing 10 pallets with 200 cases shall be described as 200 cases). Generic descriptions, including, but not limited to, 'FAK,' 'General Cargo,' 'Chemicals,' 'Foodstuffs,' and terms such as 'Said to Contain' are NOT acceptable descriptions.
2. 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').
3. Complete name and address of the consignee, owner or owner's representative, or its ACE identification number.
4. Internationally recognized hazardous material code when such materials are being shipped.
5. Seal numbers for all seals affixed to the container.

B. TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER.
Except as otherwise provided below, the time for shipper to submit data to Carrier shall be as follows:

1.  Shippers who submit their shipping instructions in paper format will be required to submit their shipping instructions to Carrier no later than seventy-two (72) hours prior to vessel arrival at the foreign port of load. This applies to all U.S. destined cargo as well as cargo intended to be transshipped at a U.S. port and cargo that will remain on the vessel for carriage to a non-U.S. port.

C. 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 Customs bonds may submit the required inbound cargo declaration data directly to the U.S. Customs Service in accordance with Customs Service regulations and guidelines. For purposes of this provision, an NVOCC is registered with the FMC if it has been issued an Organization Number by the FMC, has published a valid and effective rules tariff, and has posted the required financial security with the FMC.

1. Certification. Any NVOCC that submits cargo declaration information directly to the Customs Service shall, unless notified by the Carrier pursuant to subparagraph C(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 later than the deadline for shipper submission of cargo information under paragraph B of this rule, 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.
2. NVOCC Co-Loading. For purposes of this paragraph, 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 Customs Service, it shall do so for all NVOCCs with which it co-loads. In the event the Master NVOCC does not submit cargo declaration data for co-loaded cargo directly to the Customs Service but NVOCCs with which it co-loads transmit cargo declaration data for their cargoes directly to the Customs Service, it shall be the obligation of the Master NVOCC to provide Carrier with the certification described in subparagraph C (1) with respect to all co-loaded cargo tendered to Carrier by the Master NVOCC.
3. All NVOCCs shall be subject to Paragraphs D and E of this rule.

D. FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO LOAD CARGO.

1. 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 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 pursuant to paragraph B; or (ii) the certification required by paragraph C of this rule by the deadline specified therein.
2. Any and all costs incurred by Carrier with respect to cargo in its possession which is not loaded due to the non-provision of 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 reasonable attorneys' fees and expenses) incurred in connection with such legal action.

E. INDEMNIFICATION OF CARRIER.
If Carrier is assessed a civil penalty or fine or is denied permission to unload cargo, because of the failure of any and all shippers, consignees, cargo owners, NVOCCs, shippers' associations and their agent(s) to provide the information required by this rule and/or by the regulations or guidelines of the U.S. Customs Service in a complete and accurate manner, then such shippers, consignees, cargo owners, NVOCCs, shippers' associations and their agent(s)shall be jointly and severally liable to indemnify and reimburse Carrier for any such penalty or fine and any and all costs, damages or liability, direct, indirect, special or consequential, incurred by the Carrier as a result of the denial of permission to unload cargo or any delays related thereto. 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.

F. CONFIDENTIALITY. Carrier acknowledges that the information required by the Customs Service may constitute confidential information that is not generally available to the public. Carrier, in accordance with the requirements of Section 10(b)(13) of the Shipping Act of 1984, as amended, will keep confidential, to the extent permitted by law, all Shipper bill of lading information, including information related to underlying shippers and commodities in respect of containers of less than container load cargo containing shipments by more than one Shipper.

G. DOCUMENTATION CHARGES. See Rule Nos. 2-150 for charges to apply.

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-190:   Lien Notice 

 Effective: Sept. 25, 2019                      Expire Date: NONE                              Published: Sept. 25, 2019     

The Carrier shall have a general lien on any and all property (and documents relating thereto) of the Merchant (shipper, consignee, 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) in its possession, custody or control or in route, for all claims for charges, expenses or advances incurred by the Carrier in connection with any shipments of the Merchant and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Carrier may sell at public auction or private sale, upon ten (10) days written notice (counting from sending of the notice) by registered mail to the Merchant, the Goods, wares and/or merchandise or so much necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due the Carrier. Any surplus from such sale shall be transmitted to the Merchant, and the Merchant shall be liable for any deficiency in the sales. 

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 2-210   Free Time Detention / Demurrage / Storage 

Effective: Sept. 25, 2019                        Expire Date: NONE                             Published: Sept. 25, 2019     

 The term "Demurrage" indicates a daily charge assessed to the shipper/consignee for the use of space, the occupation of land at marine terminals and/or services provided at the carrier’s load/discharge port, rail ramp or inland container yard (CY) facility when the cargo remains in or on carrier’s containers, tanks or trailers and/or such facilities beyond the permitted free-time as stipulated per tariff or contract of the vessel operator or the marine terminal after the expiration of free time. The term "Detention" (includes Tank Demurrage) indicates a charge for the use of equipment. The term "Free time" indicates the grace period for which neither of these charges will be incurred. Any charges for storage, detention or demurrage of freight or containers, as a result of being in excess of the free time prescribed or agreements, assessed by vessel operators on whose vessel cargo is/was transported or terminal operator at origin point or port or destination point or port due to some default or oversight of shipper or consignee or holder of bill of lading is for the account of such shipper, consignee or holder of a relevant bill of lading ("holder"). The "Merchant" as defined by the carrier’s bill of lading and shipper, consignee, holder hereof, and owner of the goods shall be jointly and severally liable to Carrier for the payment of all detention, demurrage or storage charges before, during and after the carriage of the cargo. 

Tariff Rule Information

FMC ORG. NO. 027751  Indiemodal, Inc. 

NRA RULES TARIFF NO. 027751-001 - Between (US and World)

AMENDMENT NO.: 0

Rule 4:   Heavy Lift and Empty Lifts 

Effective: Sept. 25, 2019                         Expire Date: NONE                            Published: Sept. 25, 2019     

All applicable chargers for heavy and empty lift shipments will be provided in individual Negotiated Rate Arrangements (NRAs) and shall be for the account of the cargo.