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Show Rule

Number 28
Title DEFINITIONS
Filed 06FEB2024
Effective 06FEB2024
Expires N/A
Filing Codes C
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.
Default State No
Is Charge? No