Default Body
|
Revised Rule 28 / Definitions:
The Terms listed below will be defined and used as follows in this Tariff:
“AFFILIATE(S)” - means two or more entities which are under common ownership or control by reason of being parent and subsidiary or entities associated with, under common control with or others related to each other through common stock ownership or common directors or officers;
"ALL INCLUSIVE" - means the freight rate shown with the applicable TRI includes ocean freight and all other surcharges and assessorial charges, except those charges effected by the choice or action of the shipper such as detention diversion and/or reconsignment;
“AMENDMENT” - means any change, alteration, correction or modification of an existing tariff; “ASSORIAL CHARGE”- means the amount that is added to the basic ocean freight rate;
"BILL OF LADING" - means contract of affreightment covering one shipment from one (1) consignor to one (1) consignee with one (1) set of marks;
"BROKERAGE" - means payment by a common carrier to an ocean freight broker. his is NOT FREIGHT FORWARDER COMPENSATION, see Freight Broker for definition of services;
”BTA” – means the Commission's Bureau of Trade Analysis or its successor Bureau; “BULK CARGO” – means cargo that is loaded and carrier in bulk without mark or count in bulk without mark or count in a loose unpackaged form, having homogeneous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, containerized cargo tendered by the shipper is subject to mark and count and is, therefore, subject to the requirements of this part;
"CARGO, N.O.S." - means articles not otherwise specified in individual commodity items of this tariff;
"CARRIER" - means Air Sea Logistics Ltd.; "CAUTION" - means articles which may be subject to Rule No. 16 of this Tariff; "CHARITABLE AND/OR RELIEF GOODS" - The term Charitable and/or Relief Goods as used in this Tariff means cargo that is composed of materials, equipment, supplies and medicines NOT for resale for use by Charitable non-profit or government agencies or organizations engaged in welfare, medical, educational or sheltering activities and/or engaged in the construction, building or renovation of housing, medical or other philanthropic related facilities;
"CHASSIS" - means a wheeled assembly, with or without container, constructed to accept mounting of a demountable trailer body, container or flexivan;
“CO-LOADING” - means the combining of cargo by two or more NVOCCs for Tendering to an ocean common carrier under the name of one or more of the NVOCCs.
“COMBINATION RATE “ - means a rate for a shipment moving under intermodal transportation which is computed by the addition of a TRI, tariff rate item (“TRI”) and an inland rate applicable from/to inland points not covered by the TRI.
“COMMISSION” - means the Federal Maritime Commission;
“COMMODITY DESCRIPTION” - means a comprehensive description of a commodity listed in a tariff, including a brief definition of the commodity, that may be identified by a specific number;
“COMMODITY INDEX” - means an index of the commodity descriptions contained in a tariff;
“COMMODITY RATE” - means a rate for shipping to or from specific locations a commodity or commodities specifically named or described in the tariff in which the rate or rates are published.
“COMMON CARRIER” - means a person holding itself out to the general public to provide transportation by water of cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from port or point of receipt to the port or point of destination; and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel tanker or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (I)If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and (ii) Only with respect to the carriage of those commodities.
“CONFERENCE” - means an agreement between or among two or more ocean common carriers which provides for the fixing of and adherence to uniform tariff rates, charges, practices and conditions of service relating to the receipt, carriage, handling and/or delivery of passengers or cargo for all members, but the term does not include joint service, consortium, pooling, sailing, or transshipment agreements.
"CONSIGNOR, CONSIGNEE or SHIPPER" - The terms Consignor, Consignee or Shipper INCLUDES all authorized representatives or agents of such Consignor, Consignee or Shipper; "CONTAINER" - The term Container as used in this Tariff means, regardless of ownership, any single, rigid, non-disposable dry cargo, ventilated, insulated, mechanically refrigerated or heated, portable liquid or dry tank, flat rack, vehicle rack or open top container without wheels or chassis attached, having a closure (except racks) or permanently hinged door, that allows ready access to interior for loading or unloading of cargo. All types of containers will have construction, fittings and fastenings able to withstand, without permanent distortion, all the stresses that may be applied in the normal service use of continuous transportation. The term "Trailer" when used in this Tariff shall be synonymous with and inter-changeable with the term "Container;" "CONTAINER FREIGHT STATION" [See "S" Service Rule 2.1] - The term Container Freight Station means a facility or terminal at origin where breakbulk or packaged cargo is tendered to the Carrier by Shippers for containerization and transportation, and/or the facilities or terminal at destination where the Carrier unloads and strips containers and makes breakbulk of packaged cargo available to Consignee for Consignee pickup; "CONTAINER YARD" [See "Y" Service Rule 2.1] - The term Container Yard means the facilities or terminal provided or utilized by the Carrier, where empty and loaded containers are tendered to, received from and/or interchanged with the Carrier, and includes any underlying VOCC container yard facilities authorized by the Carrier;
"CONTROLLEDTEMPERATURE" - means the maintenance of a specific temperature or range of temperatures in containers;
"DAY" - means a twenty-four (24) hour period beginning at 12:01 A.M.; "DELIVERY SERVICE" - The term Delivery Service means the service performed or provided by the Carrier in transporting and delivering cargo to a platform, sidewalk, doorway, or shipping room directly accessible to an over-the-road vehicle at Consignee's premises. Delivery Service does NOT include the delivery of cargo to basements, floors or interior areas not directly accessible to over-the-road vehicles, NOR does it include unpacking, erecting, inspection of property or any other such similar services;
” DESTINATION SCOPE” - means a location group defining the geographic range of cargo destinations covered by a tariff; "DIVERSION" - The term Diversion means a change in the original B/L instructions, made after cargo has been tendered to the Carrier, requiring delivery of cargo to a different Consignee, at a different address or to a different destination, a change in the required routing of a shipment and/or any other change in the shipping orders and instructions which requires Carrier to perform or provide additional transportation service to effect delivery of cargo at ultimate destination; "DOOR" [See "D" Service Rule 2.1] - The term Door means a Shipper's, Consignor's or Consignee's receiving and shipping premises (i.e. a platform, doorway or shipping dock directly accessible to a highway vehicle and Carrier's container); "DROP AND PULL" - means Carrier's Trucker will deliver and leave an empty or loaded container at Shipper's or Consignee's premises for loading or unloading and then return later to pickup the loaded or empty container to return that container to the designated Container Yard or Rail Ramp; "DRY CARGO" - means cargo other than that requiring atmospheric and/or temperature control;
“EFFECTIVE DATE” - means the date upon which a published tariff or Tariff element is scheduled to go into effect. Where there are multiple publications to a tariff element on the same day, the last element published with the same effective date is the one effective for that day;
“EXPIRATION DATE” - means the last day after which the entire tariff or tariff element is no longer in effect; "EXPLOSIVE CARGO" - means cargo falling within Class A, B and C explosives as defined in Rule 16 of this Tariff; “FOREIGN COMMERCE” - means that commerce under the jurisdiction of the Title 46 of the United States Code;
“FOREST PRODUCTS” - means forest products including, but not limited to, lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, paper and paper board in rolls or in pallet or skid-sized sheets, liquid or granular by-products derived from pulping and papermaking, and engineered wood products;
"FREIGHT BROKER" - means an entity which is engaged by a carrier to secure cargo for such carrier and/or to sell or offer for sale ocean transportation services and which hold itself out to the public as one who negotiates between shipper or consignee and carrier for the the purchase, sale, conditions and terms of transportation;
"FULL VISIBLE CAPACITY" - The term Full Visible Capacity, when used in connection with container provisions, rules or rates, means that no more of the same type of cargo can be loaded into or on the transporting container or other carrying equipment consistent with safety precautions and regulations necessary to prevent damage to, or loss of, cargo;
“HARMONIZED CODE” - means the coding provisions of the Harmonized System.
“HARMONIZED SYSTEM” - means the Harmonized Tariff Schedule of the United States, published by the U.S. International Trade Commission, And Schedule B, administered by the U.S. Census Bureau; "HOLIDAY" - used in this tariff shall consist of the following days: New Years Day, Martin Luther King Day, President's Day (Third Monday in February), Memorial Day (Last Monday in May), Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day. When any of the holidays stipulated above falls on Sunday, the following Monday shall be deemed as that holiday; "IN-GUAGE" - The term In-Guage when used to restrict Flad-Bed, Flat-Rack, Open Top or Platform Container/Trailer Rates means that the cargo loaded on such equipment does NOT hang over any portion of the sides or ends of the Container/Trailer, and, further, that no part of the cargo is greater than 8 ft.-6 ins. high;
“INLAND DIVISION” - means the amount paid by a common carrier to an inland carrier for the inland portion of through transportation offered to the public by the common carrier;
“INLAND POINT” - means any city and associated state/province, country, U.S. ZIP code, or U.S. ZIP code range, which lies beyond port terminal areas. (A city may share the name of a port: the immediate ship-side and terminal area is the port, but the rest of the city is considered an inland point.);
“INLAND RATE” - means a rate specified from/to an ocean port to/from an inland point, for specified modes of overland transportation.
“INLAND RATE TABLE” - means a structured matrix of geographic inland locations (points, postal codes/postal code ranges, etc.) on one axis and transportation modes (truck, rail, etc.) on the other axis, with the inland rates specified at the matrix row and column intersections.
"IN PACKAGES" - means any shipping form other than in bulk, loose, in glass or earthenware not further packed in containers or on skids; “INTERMODAL TRANSPORTATION” - means continuous through transportation involving more than one mode of service (e.g., ship, rail, motor, air), for pickup and/or delivery at a point beyond the area of the port at which the vessel calls. The term “intermodal transportation” can apply to “through transportation (at through rates)” or transportation on through routes using combination rates; "KILO TON" - means 1,000 Kilos; "KNOCKED DOWN (KD)" - means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 33-1/3 percent from its normal shipping cubage when set up or assembled; "LABEL CARGO" - means cargo requiring White, Yellow, Red, Red Gas, Green Gas, Poison Gas and Tear Gas labels as required by govern- mental regulation. See Rule No. 16 of this Tariff;
"LOCAL RATES" - means rates or charges for transportation over the route of a single common carrier, the application of which is not contingent upon a prior or subsequent movement; “LOCATION GROUP” - means a logical collection of geographic points, ports, states/provinces, countries, or combinations thereof, which is primarily used to identify, by location group name, a group that represents tariff origin and/or destination scope and TRI origin and/or destination;
“LOYALTY CONTRACT” - means a contract with an ocean common carrier or agreement by which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or agreement and the contract provides for a deferred rebate arrangement;
"LUMPSUM" - means a rate stated for a given amount of cargo which is not a standard shipping unit and may include various mixes of shipping units, i.e. for shipment consisting of two 20 foot standard containers, one 40 foot flatbed and five pieces totaling 50 cft. and weighing 3500 lbs; "MIXED SHIPMENT" - means a shipment consisting of two or more distinct commodities and/or articles described in and rated under two or more rate items of this Tariff;
"MOTOR CARRIER" - means participating motor carrier or motor carriers; “MOTOR VEHICLE” - means a wheeled vehicle whose primary purpose is ordinarily the non-commercial transportation of passengers, including an automobile, pickup truck, minivan, or sport utility vehicle; "NESTED" - means that three or more different sizes of the article or commodity are shipped so that beginning with the smallest size each is placed within the next larger size, or three or more of the articles must be placed within each other so that, each upper article will not project above the lower article more than one third of its height; "NON-HAZARDOUS" - means non-label cargo which is permitted stowage between decks or under deck (other than Magazine) under C.F.R. Title 46 - Shipping, as amended, and such cargo that is so classified under the provisions of Rule No. 16 of this Tariff;
“NVOCC NEGOTIATED RATE ARRANGEMENTS (NRA)” - means a written and binding arrangement between a shipper or consignee and an NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination, on receipt of the cargo by the Carrier or its agent (see Rule 3). All NRA's must be in writing; contain each party's legal name and address and affiliates; contain the names, title and addresses of the representative of each party; be effective prior to the date of Carrier's receipt of the cargo; clearly specify the rate and the shipment or shipments to which such rate applies. An NRA may NOT be modified after Carrier's receipt of the initial shipment.
“NVOCC SERVICE ARRANGEMENTS (NSA)” - means a written contract, other than a bill of lading or receipt, between one or more shippers and an individual NVOCC or two or more affiliated NVOCC's, in which the shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of non-performance on the part of any party;
“OCEAN COMMON CARRIER” - means a common carrier that operates, for all or part of its common carrier service, a vessel on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel -tanker;
“OCEAN TRANSPORTATION INTERMEDIARY” - means an ocean freight forwarder or a non-vessel-operating common carrier. For purposes of this part, (1)Ocean freight forwarder means a person that— (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and (ii) Processes the documentation or performs related activities incident to those shipments; and (2)Non-vessel-operating common carrier (“NVOCC”) means a common Carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier; "ONE COMMODITY" - The term One Commodity indicates any and all of the articles described in a single rate Item of this Tariff;
“ORGANIZATION NAME” - means an entity's name on file with the Commission and for which the Commission assigns an organization Number;
“ORGANIZATION RECORD” - means information regarding an entity, including its name, address, and organization type;
“ORIGIN SCOPE” - means a location group defining the geographic range of cargo origins covered by a tariff; "OUT-OF-GUAGE" - The term Out-of-Guage when used to restrict Flad-Bed, Flat-Rack, Open Top or Platform Container/Trailer Rates means that in some manner the cargo loaded on such equipment either hangs over a portion of the sides or ends of the Container/Trailer, or that a part of the cargo is greater than 8ft.-6ins. high. (Such shipment may be SBJ to applicable Extra Length, Height or Width Charges.); "PACKAGE OR PACKAGES" - means any container other than trucks or in shipping forms other than in bulk, loose or on skids, providing such container or form of shipment will render the transportation of the freight reasonably safe and practicable; "PACKING OR STUFFING" - covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container; ”PERSON” - includes individuals, firms, partnerships, associations, companies, corporations, joint stock associations, trustees, receivers, agents, assignees and personal representatives;
"PICKUP SERVICE" - The term Pickup Service means the service performed or provided by the Carrier in calling for cargo at a platform, sidewalk, doorway, or shipping room directly accessible to an over-the-road vehicle at Shipper's premises. Pickup Service does NOT include the removal of cargo from basements, floors or interior areas not directly accessible to over-the-road vehicles, NOR does it include packing, dismantling, inspection of property or any other such similar services; "POINT" - means a particular city, town, village, community, or other area which is treated as a geographic unit for the a application of rates; "PLACE" - means a particular street address or other designation or a factory, store, warehouse, place of business, private residence, construction camp or the like, at a "Point"; "PROJECT CARGO" - The term Project Cargo means cargo that includes materials, equipment and supplies employed in the construction, development or supply of a named facility used for a major governmental, charitable, manufacturing, resource exploration/exploitation, public utility or public service purpose, including disaster relief projects. No materials, equipment or supplies covered under a Project Cargo Rate named in this Tariff shall be transported for the purpose of resale or other commercial distribution. A clause reading substantially as follows shall appear on all Bills of Lading pertaining to project rates: " All materials included in this B/L are of a wholly proprietary nature and shall not be resold or otherwise commercially distributed at destination." "PROPORTIONAL" - The term Proportional, when used in connection with a Rate, Rule, Charge, Provision or Accessorial Charge, means a provision whose application is restricted to shipments of cargo having an immediate prior or immediate subsequent movement, via any transportation mode, from or to a named port, point or location group. The term immediate as used herein means either: - that no other thru or line haul transportation service, other than the transportation service from the specified origin, occurs prior to Carrier's receipt of cargo at origin; or - that no other thru or line haul transportation service, other than the transportation service to the specified destination, occurs subsequent to Carrier's tendering cargo to on-carrier at destination;
“PUBLISHER” - means a person authorized by a common carrier to publish or amend tariff information; "RAIL RAMP" [See "R" Service Rule 2.1] - The term Rail Ramp means the Trailer-On-Flat-Car (TOFC) or Container-On-Flat-Car (COFC) facility or terminal of a rail carrier where loaded or empty containers are tendered to, received from or interchanged with rail carriers; “RATE” - means a price stated in a tariff for providing a specified level of transportation service for a stated cargo quantity, from origin to destination, on and after a stated effective date or within a defined time frame;
"RECONSIGNMENT" - The term Reconsignment means any change in the original Bill of Lading instructions, made after cargo has been tendered to the Carrier, requiring delivery of cargo to a different Consignee, at a different address or to a different destination, which requires Carrier to perform or provide additional transportation service to effect delivery of cargo at ultimate destination, or that requires an amendment to, or the reissue of, the B/L or other shipping documents prior to delivery at ultimate destination; “RETRIEVAL” - means the process by which a person accesses a tariff and interacts with the carrier's or publisher's system on a transaction-by- transaction basis to retrieve published tariff matter;
“RULES” - means the stated terms and conditions set by a common carrier or a conference of common carriers which govern the application of tariff rates, charges, and other matters;
"REVENUE TON" - means 1,000 kilos or 1 cubic metre as freight charges are assessed;
”SCOPE” - means the location group(s) (geographic groupings(s)) listing the ports or ranges of ports to and from which the tariff's rates apply. "SHIPMENT" - Except as otherwise specifically provided in this Tariff, a shipment means a quantity of freight tendered to the Carrier by one (1) Shipper, at one (1) port or point of origin, at one (1) time, transported on one (1) B/L, for delivery to one (1) Consignee, at one (1) destination port or point;
“SHIPPER” - means: (1) A cargo owner; (2) The person for whose account the ocean transportation of cargo is provided; (3) The person to whom delivery is to be made (e.g., consignee); (4) A shippers' association, meaning a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group to obtain carload, truckload, or other volume rates or service contracts; (5) An NVOCC that accepts responsibility for payment of all charges applicable under the tariff or service contract;
"SITE" - means a particular platform or specific location for loading at a "Place"; “SPECIAL PERMISSION” - means permission, authorized by the Commission, for certain tariff publications that do not conform with applicable regulations, usually involving effectiveness on less than statutory notice; "SPECIAL RATE" - A special rate is a rate established to meet special or particular traffic, market or other conditions and will be published as a rate subject to a "Thru Date" expiration notice in the individual TLIs of this Tariff. A Special Rate removes the application of the TLI rate on the same quantity, of the same commodity, in the same packing or shipping form, from and to the same ports and/or points, for the period during which the Special Rate is in effect; "STUFFING, UNSTUFFING" - means the physical placing of cargo into or the physical removal of cargo from containers;
“TARIFF” - means a publication containing the actual rates, charges, classifications, rules, regulations and practices of a common carrier or a conference of common carriers. The term “practices” refers to those usages, customs or modes of operation which in any way affect, determine or change the transportation rates, charges or services provided by a common carrier or conference and, in the case of conferences, must be restricted to activities authorized by the basic conference agreement;
“TARIFF NUMBER” - means a unique three-digit number assigned by the publisher to distinguish it from other tariffs. Tariffs must be identified by the six-digit organization number plus the user-assigned tariff number (e.g., 999999–001) or a Standard Carrier Alpha Code (“SCAC”) plus the user-assigned tariff number;
“TARIFF RATE ITEM (“TRI”)” - means a single freight rate, in effect on and after a specific date or for a specific time period, for the transportation of a stated cargo quantity, which may move moves from origin to destination under a single specified set of transportation conditions, such as container size or temperature;
“TRI NUMBER” - means a number that consists of the numeric commodity code, if any, and a unique numeric suffix used to differentiate TRIs within the same commodity description. TRI numbers are not required in systems that do not use numeric commodity coding;
“THROUGH DATE” - means the date after which an amendment to a tariff element is designated by the publisher to be unavailable for use and the previously effective tariff element automatically goes back into effect;
“THROUGH RATE” - means the single amount charged by a common carrier in connection with through transportation;
“THROUGH TRANSPORTATION” - means continuous transportation between origin and destination, for which a through rate is assessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States port or point and a foreign port or point;
“TIME/VOLUME RATE” - means a rate published in a tariff which is conditioned upon receipt of a specified aggregate volume of cargo or aggregate freight revenue over a specified period of time;
“TRADE NAME” - means a name used for conducting business, but which is not necessarily its legal name. This is also known as a “d/b/a” (doing business as) name;
"TRAILER" - interchangeably, with Container, see definition for CONTAINER; “TRANSSHIPMENT” - means the physical transfer of cargo from a vessel of one carrier to a vessel of another in the course of all-water or through transportation, where at least one of the exchanging carriers is an ocean common carrier subject to the Commission's jurisdiction; "TRUCK" - means any vehicle propelled or drawn by a single mechanical power unit and used on the property; "UNITIZED LOAD" - means a consolidation of shipping packages secured to pallets when the individual component shipping packages are bonded or otherwise securely held together to form a single shipping unit that has been prepared by the shipper in order to facilitate mechanical handling; "WATER CARRIER'S TERMINAL" - means the place where cargo or loaded or empty containers are received by water carrier or delivered by water carrier. The place where water carrier assembles, holds or stores cargo and its containers; and "WORKING DAY" - means each calendar day, excepting Saturdays, Sundays and Holidays, between 8:00 A.M. and 5:00 P.M.
|