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Rule # Description Effective Expiry
33 Appendix for TAG Eastbound

1-Aug-2008

 
  
 

Bill of Lading Courier Service Charge (For TAG EB only)

Upon receipt of Shipper’s request and instruction in writing, Carrier may dispatch bills of lading to the Shipper, the Consignee or the Notify Party as shown on the bill of lading via courier service at a charge of USD30 per bill of lading.

New Reporting of Exported Goods Regulations (For TAG EB only)

1. Export Proof of Report

Pursuant to the requirements of the Canada Border Services Agency (“CBSA”), as set out in Customs Notice CN608 entitled New Reporting of Exported Goods Regulations effective May 16, 2005, Carriers are required to obtain Proof of Export Reporting prior to loading any Canadian origin cargo at a Canadian port.

2. Failure to Load Cargo

 fee, per section 4 below, will be assessed and an and all costs incurred by the Carrier with respect to cargo in its possession which is not loaded due to the non-provision of data or certification in the manner and time required by this rule and/or by the CBSA, or which is not loaded pursuant to the instructions of the CBSA (regardless of whether or not the required date or certification has been provided for such cargo in the manner and time required), including but not limited to inspection, storage and/or re-delivery costs, shall be for the account of the cargo. Carrier shall have alien on cargo in its possess 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 the Carrier is forced to take legal action to collect amounts due hereunder, the Carrier shall be entitled to recover all costs (including attorneys’ fees) incurred in connection with such legal action.

3. Indemnification of Carrier

If the Carrier is assessed a civil penalty or denied permission to unload cargo, or enter a Canadian port, then any and all shippers, consignees, cargo owners, NVOCC’s and their agent(s) that failed to provide the data or certification required by this rule and/or by the CBSA, shall be jointly and severally liable to indemnify and reimburse the Carrier for any such penalty and any and all costs incurred by the Carrier as a result of the denial of permission to unload cargo or to enter a Canadian port. The 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 the Carrier is forced to take legal action to collect amounts due hereunder, the Carrier shall be entitled to recover all costs (including attorneys’ feed) incurred in connection with such legal action.

4. Submission of Export Documents by the Shippers or their Agents (Canadian Load Ports)

CBSA regulations stipulate the Steamship Lines must submit a complete and accurate vessel manifest within three days of vessel sailing. In order for the Carrier to prepare and submit manifests in accordance with this regulation we must receive a copy of the exporters shipping instructions within the first Canadian working day after vessel sailing.

Any instruction received after this date will be subject to a USD200 late shipping charge. This charge is in addition to any Regulatory penalties that may be incurred due late submission.

The above excludes any services that call a port in the United States or Mexico after sailing from Canada. The vessels are subject to these countries “24 Hour Rule” which requires the Carrier to provide a complete and accurate manifest 24 hours prior to loading of the containers. For these service shipping instructions must be received three Canadian working days prior to vessel arrival. If not received these containers will be refused for loading and will a incur a USD150 per container re-handling fee and will be subject to all applicable Marine Terminal storage costs.

Advance Commercial Information (ACI) (For TAG WB only)

A. EDI – Cargo and Conveyance Reporting

Pursuant to CBSA regulation (Customs Notice N-542), Carriers are required to submit certain cargo declaration data for all cargo onboard vessel loaded at ports other than those originating in Canada and the U.S.A., and which will call Canada (i.e. Canadian import cargo and cargo destined to other countries, while the vessel is transiting Canada) to the CBSA no later than 24 hours prior to the time the cargo is loaded on Carrier’s vessel in the non-Canadian and U.S. ports of loading. In order to enable the 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 Canada or that will be on a vessel when that vessel calls in Canada must submit the following information regarding such cargo to the Carrier in writing (including by electronic transmission) by the deadline referenced below, in time for the carrier to transmit the data to the CBSA at least 24 hours prior to the loading of the cargo at all non-Canadian and U.S. load ports.

1. A precise description of the cargo and weight of the cargo or, for a sealed container, the shipper’s declared description and weight of the cargo. Generic descriptions such as “FAK”, “General Cargo”, “Chemicals”, “Foodstuffs”, and “Said to Contain” are NOT acceptable descriptions.

2. Actual Shipper’s or Forwarder’s complete name and address, address if they are submitting supplementary data direct to CBSA.

3. Complete name and address of the ultimate consignee, cargo owner or cargo owner’s representative.

4. Internationally recognized hazardous material closed when such materials are being shipped.

5. Container numbers and Seal numbers for all seals affixed to the container.

The deadline date/time for shipper submission to the Carrier of the foregoing data for cargo tendered at each non-Canadian and U.S. port of loading shall be advised by the Carrier’s load port representative.

B. Certain Non-Vessel Operating Common Carriers

Freight forwarder that has obtained a CBSA assigned code may submit the required inbound cargo declaration data directly to the CBSA. For purposes of this provision, a Freight Forwarder is registered with the CBSA if it has been issued a Carrier Code Number by the CBSA.

1. Notice of Status: Each Freight Forwarder filing cargo declaration information with the CBSA, either directly or through a third-party vendor, shall, prior to the first time it books cargo with the Carrier, notify the Carrier in writing that it will submit the cargo declaration information to the CBSA and indicate whether it will do so directly or through a third-party vendor. If the Freight Forwarder is to use a third-party vendor, the written notification shall include the name, address and contact information for the vendor.

2. In the event a Freight Forwarder requests a booking of consolidated shipments in one or more containers, the Carrier will require cargo declaration information as defined above for each of the individual shipments therein.

3. All Freight Forwarders shall e subject to Paragraphs C and D of this rule.

C. Failure to Provide Information; Denial of Permission to Load Cargo

1. In the event the Carrier fails to provide the required inbound cargo declaration data to the CBSA for all cargo to be loaded on its vessel within the time period required by CBSA regulations, it may, among other things, be assessed a civil penalty, denied permission to unload the cargo for which information was not duly provided, and/or denied permission to unload any cargo from the vessel on which the cargo is moving. Accordingly, the Carrier may refuse to load any cargo tendered to it for which it has not received either (i) the required by Paragraph A of this rule by the deadline specified therein; or (ii) the certification required by Paragraph B of this rule by the deadline specified therein.

2. Any and all costs incurred by the Carrier with respect to cargo in their 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 CBSA (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 fo cargo. The 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 the Carrier is forced to take legal action to collect amounts due hereunder, the Carrier shall be entitled to recover all costs (including attorneys’ fees) incurred in connection with such legal action.

D. Indemnification of the Carrier

If the Carrier is assessed a civil penalty or denied permission to unload cargo, then any and all shippers, consignees, cargo owners, Freight Forwarders and their agent(s), that failed to provide the information required by this rule and/or by the regulations of the CBSA is a complete and accurate manner, shall be jointly and severally liable to indemnify and reimburse the Carrier for any such penalty and any and all costs, including consequential costs incurred by the Carrier as a result of the denial of permission to unload cargo. The 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 the Carrier is forced to take legal action to collect amounts due hereunder, the Carrier shall be entitled to recover all costs (including attorneys’ fees) incurred in connection with such legal action.

E. Advance Commercial Information Charge (ACIC)

1. For the processing and ongoing monitoring of relevant cargo manifest data which must be provided to CBSA for cargo loaded on a vessel at a non-Canadian or U.S. port, an Advance Commercial Information Charge of USD30 per bill of lading shall be payable to the Carrier for each bill of lading issues by the Carrier and, if the shipper tendering the cargo to the Carrier has issues one or more of its bills of lading for such cargo (sometimes referred to as “house bills of lading”) or any other ACIC relevant document, on each such shipper-issued house bill of lading or each ACIC relevant document for the Carrier submits such data. This charge shall be payable on the same basis as the ocean freight for the relevant bill of lading issued the Carrier (i.e. either pre-paid or collect). In the event of non-payment of the charge, the Carrier may collect the amount due from either the shipper or consignee named in the bill of lading.

2. In the event that the Carrier, due to an error or omission on the part of the Shipper or its agent, is required to correct cargo declaration information previously submitted to the CBSA, Shipper/Forwarder shall pay the Carrier an amendment fee of USD40 for each corrected re-submissions to the CBSA. This charge shall be payable on the same basis as the ocean freight and ACIC (under E.1 above) for the relevant bill of lading issued by the Carrier (i.e. either pre-paid or collect). In the event of non-payment of the charge, the Carrier may collect the amount due from either the shipper or consignee named in the bill of lading.

3. The charges under above Sections 1 and 2 shall not apply if the correction and/or manifest filing is caused by an operation decision of the Carrier.

     
     
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