Phoenix Cargo LLC - Tariff 000 Rev.00
FMC Organization No.: 026953 | License No.: 026953NF
Published: 3 March 2020 | Effective: 3 March 2020
Rule 2A – Application of NRA/NSAs and Charges
1. NRA/NSAs are stated in terms of U.S. Currency and apply per 1 Cubic Meter (M) or 1,000 Kilos (W), as indicated, whichever basis yields the greater revenue, except as otherwise specified. Where the word “Weight” or the letter “W” appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word “Measurement” or the letter “M” appears next to an article or commodity, measurement rates are applicable without regard to weight.
NRA/NSAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided. Rates indicated by W/M or WM are optional weight or measurement rates and the rate yielding the greater revenue will be charged.
2. Except as otherwise provided, all "Port" (i.e., Port-to-Port) rules published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such expenses levied in the first instance against the Carrier will be billed in an equal amount to the Owner, Shipper, or Consignee of the Cargo.
NRA/NSAs are applicable from Inland Points which lie beyond port terminal areas. Such NRA/NSAs will be shown as single factor through rates. Such rates shall be inclusive of all charges pertinent to the transportation of cargo (including intermediate but not Origin or Destination Terminal Charges) and not including Customs clearance assessments or Forwarding Charges, except as provided.
Alternatively, at shipper's request, carrier will arrange for inland transportation as shipper's agent. All associated costs will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement of said cargo. (See item 16, re: Advanced Charges.)
Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.
Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.
3. Packages containing articles of more than one description shall be rated on the basis of the rate provided for the highest rated articles contained therein.
4. NRA/NSAs do not include Marine Insurance or Consular fees unless specified therein.
5. Description of commodities shall be uniform on all copies of the Bill of Lading and MUST be in conformity with the validated United States Export Declaration covering the shipment. Carrier must verify the Bill of Lading description with the validated United States Export Declaration. Shipper amendments in the description of the goods will only be accepted if validated by United States Customs. Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its generally accepted generic or common name.
6. Unless otherwise specified, when the NRA/NSAs are based on the value of the commodity, such commodity value will be the F.O.B. or F.A.S. value at the port of loading as indicated on the Commercial Invoice, the Custom Entry, the Import/Export Declaration or the Shipper's Certificate of Origin. The F.O.B. value and the F.A.S. value include all expenses up to delivery at the Loading Port.
7. The NRA/NSAs shown except where predicated on specifically lower values or on an ad valorem basis, are subject to Bill of Lading limit of value.
8. Except as otherwise provided, NRA/NSAs apply only to the specific commodity named and cannot be applied to analogous articles.
9. Wherever rates are provided for articles named, the same rate will also be applicable on parts of such articles where so described in the ocean bill of lading, except where specific rates are provided for such parts.
10. FORCE MAJEURE CLAUSE: "Without prejudice to any rights or privileges of the Carrier's under covering Bills of Lading, dock receipts, or booking contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, embargoes, blockades, port congestion, strikes or labor disturbances, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and affecting the Carrier's operations, the Carrier reserves the right to cancel any outstanding booking or contract in conformity with Federal Maritime Commission Regulations."
11. When a commodity can properly be carried under more than one tariff item, but which by its nature is clearly influenced by its end use, the freight shall be assessed based on the rate of the end use commodity, e.g.: Rubber Gloves, Cotton Gloves, etc. would all be rated under "Gloves, N.O.S." rather than Rubber Goods, Textiles, etc. The above does not apply in cases where there is a specific rate for the commodity in question.
12. When two or more rates may be applicable to a given shipment and one rate is more specific than the others, the most specific rate shall apply. One rate is more specific than another when it describes the commodity being shipped more explicitly, i.e.: Canned Pineapple is more specific than Canned Fruit or Canned Goods, N.O.S.
An NRA/NSA from/to a specific destination is more specific than an NRA/NSA to/from a geographic range or zone, (Examples include): - An NRA/NSA from New York, NY is more specific than an NRA/NSA from Atlantic and Gulf Base Ports (AGBP). - An NRA/NSA to Yokohama, Japan is more specific than an NRA/NSA to Japan Base Ports (JBP).
13. Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge will be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo. Any Additional Charges which may be imposed upon the cargo by Governmental Authorities will be for the account of the cargo.
14. TYPES OF SERVICE PROVIDED
CY/CY (Y/Y) - "The term CY/CY means containers packed by Shippers off Carrier's premises, delivered to Carrier's CY, accepted by Consignee at Carrier's CY and unpacked off Carrier's premises, all at the risk and expense of the cargo."
CY/CFS (Y/S) - "The term CY/CFS means containers packed by Shippers off Carrier's premises and delivered to Carrier's CY and unpacked by the Carrier at the destination port CFS, all at the risk and expense of the cargo."
CY/CY (Y/Y) - "The term CY/CY means containers packed by Shippers off Carrier's premises, delivered to Carrier's CY, accepted by Consignee at Carrier's CY and unpacked off Carrier's premises, all at the risk and expense of the cargo."
CY/D (Y/D) - "The term CY/D means containers packed by Shippers off Carrier's premises, delivered to Carrier's CY, carrier providing inland transportation to the consignee's designated facility, accepted by Consignee at consignee's designated facility, and unpacked at consignee's designated facility by the consignee, all at the risk and expense of the cargo."
DOOR/CFS (D/S) - "Door Service pertains to the carrier providing inland transportation from the shipper's designated facilities delivered to Carrier's CY, accepted by Consignee at Carrier's CY and to be unpacked by the Carrier from the containers at Carrier's destination port CFS, all at the risk and expense of the cargo."
DOOR/DOOR (D/D) - "Door Service pertains to the carrier providing inland transportation from the shipper's designated facilities packed by the shipper, carrier providing inland transportation to the consignee's designated facility, accepted by Consignee at consignee's designated facility, and unpacked at consignee's designated facility by the consignee, all at the risk and expense of the cargo."
DOOR (D) - "Door Service pertains to the carrier providing inland transportation from/to the shipper's/consignee's designated facilities."
RAMP/CY (R/Y) - "The term RAMP/CY means containers packed by Shippers off Carrier's premises, delivered to Carrier's Ramp, accepted by Consignee at Carrier's CY and unpacked off Carrier's premises, all at the risk and expense of the cargo."
RAMP/CFS (R/S) - "The term RAMP/CFS means containers packed by Shippers off Carrier's premises and delivered to Carrier's Ramp and unpacked by the Carrier at the destination port CFS, all at the risk and expense of the cargo."
RAMP/D (R/D) - "The term RAMP/D means containers packed by Shippers off Carrier's premises, delivered to Carrier's Ramp, carrier providing inland transportation to the consignee's designated facility, accepted by Consignee at consignee's designated facility, and unpacked at consignee's designated facility by the consignee, all at the risk and expense of the cargo."
15. SERVICE OPTIONS:
The following service types are available and pertain to NRA/NSAs.
Door (D) Door Service pertains to the carrier providing inland transportation from/to the shipper's/consignee's designated facilities. Door Service is applicable only where specifically provided in the individual NRA/NSAs or where specified in an Inland Rate Table.
Container Yard (Y) The term Container Yard refers to the specific location designated by the carrier where the carrier assembles, holds or stores containers and where containers loaded with goods are received or delivered.
Container Freight Station (S) The term Container Freight Station means the location designated by the carrier or his authorized agent for the receiving of goods to be stuffed into containers or for the delivery of goods stripped from the containers by the carrier or his agent.
RAMP (R) The term Ramp refers to the specific location designated by the carrier where the carrier assembles, holds or stores containers and where containers loaded with goods are received or delivered. Ramp locations are usually, but not limited to, non-port and or rail locations.
16. ADVANCED CHARGES:
Advanced charges on bills of lading for collection from shipper/consignee will be accepted provided such charges do not exceed the amount of freight on the bill of lading, and provided they do not relate in any part to cargo cost and/or ocean freight thereon, but cover only carrying and other legitimate expenses from/to carrier's terminal at bill of lading origin/destination. Such charges accepted without carrier's responsibility and full risk is for the party requesting such advance.
17. Forty Foot Standard and High Cube containers:
a) Rates applicable to forty foot (40') standard marine containers, shall also be applicable to forty foot high cube containers, unless otherwise indicated in a specific NRA/NSA.
b) Rates applicable to forty foot high cube containers, shall also be applicable to forty foot (40') standard marine containers, unless otherwise indicated in a specific NRA/NSA tariff line item.
17. Forty Foot Standard and High Cube containers:
a) Rates applicable to forty foot (40') standard marine containers, shall also be applicable to forty foot high cube containers, unless otherwise indicated in a specific NRA/NSA.
b) Rates applicable to forty foot high cube containers, shall also be applicable to forty foot (40') standard marine containers, unless otherwise indicated in a specific NRA/NSA tariff line item.
18. LOCAL CHARGES:
a) EXPORT FROM U.S.A.– All destination local charges apply unless otherwise specified in the NRA/NSA.
b) IMPORT INTO U.S.A. – All origin local charges apply unless otherwise specified in the NRA/NSA.