APR INC (013006) – RULES – COMMODITY RATES

APR, Inc. dba EXPRESITO
CARGA
ORIG/REV ORIG PAGE 59
  CANCELS CORRECTION No.
  EFFECTIVE DATE : 01/30/2006  
Between : U.S. Ports and Points and Worldwide Ports and Points
Rule Number : 40-0 : COMMODITY RATES

Commodity : Cargo N.O.S. (Hazardous and Non Hazardous)
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Barranquilla
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $2,950.00 $3,095.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Buenaventura
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,395.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Cartagena
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $2,595.00 $3,295.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Ecuador
Destination Port or Point: Guayaquil
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,495.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Peru
Destination Port or Point: Callao
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,495.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
APR, Inc. dba EXPRESITO
CARGA
ORIG/REV ORIG  PAGE 60 
  CANCELS  CORRECTION No 
  EFFECTIVE DATE : 04/29/2009   
Between : U.S. Ports and Points and Worldwide Ports and Points
Rule Number : 40-0 : COMMODITY RATES

Commodity : Cargo N.O.S.
Origin : EC USA
Destination : Guayaquil, Ecuador
Container Size : 20’ 40’ 40’ HC LCL
Rate : $2,500.00 $3,400.00 $3,400.00
Service : P/P P/P P/P

 

COMMODITY RATES C 

APR, Inc. dba EXPRESITO
CARGA
ORIG/REV ORIG PAGE 59-C
  CANCELS CORRECTION No.
  EFFECTIVE DATE : 01/30/2006  
Between : U.S. Ports and Points and Worldwide Ports and Points
Rule Number : 40-0 : COMMODITY RATES

Commodity : Cargo N.O.S. (Hazardous and Non Hazardous)
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Barranquilla
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $2,950.00 $3,095.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Buenaventura
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,395.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Colombia
Destination Port or Point: Cartagena
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $2,595.00 $3,295.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Ecuador
Destination Port or Point: Guayaquil
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,495.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
Origin Port or Point : New York
Destination Country : Peru
Destination Port or Point: Callao
Container Size : 20’ 40’ 40’ NOR LCL
Rate : $3,495.00 $5,595.00 $12.00 per CFT
Service : O/O O/O O/O P/P
APR, Inc dba EXPRESITO CARGA ORIG/REV ORIG  PAGE 60-C
  CANCELS CORRECTION No.
  EFFECTIVE DATE : 04/29/2009
Between : U.S. Ports and Points and Worldwide Ports and Points
Rule Number : 40-0 : COMMODITY RATES

Commodity : Cargo N.O.S.
Origin : EC USA
Destination : Guayaquil, Ecuador
Container Size : 20’ 40’ 40’ HC LCL
Rate : $2,500.00 $3,400.00 $3,400.00
Service : P/P P/P P/P

 

§ 520.3 Publication responsibilities

a) General. Unless otherwise exempted by §520.13, all common carriers and conferences shall keep open for public inspection, in automated tariff systems, tariffs showing all rates, charges, classifications, rules, and practices between all points or ports on their own routes and on any through transportation route that has been established.

(b) Conferences. Conferences shall publish, in their automated tariff systems, rates offered pursuant to independent action by their members and may publish any open rates offered by their members. Alternatively, open rates may be published in individual tariffs of conference members.

(c) Agents. Common carriers or conferences may use agents to meet their publication requirements under this part.

(d) Notification. Each common carrier and conference shall notify BTA, prior to the commencement of common carrier service pursuant to a published tariff, of its organization name, organization number, home office address, name and telephone number of firm’s representative, the location of its tariffs, and the publisher, if any, used to maintain its tariffs, by electronically submitting Form FMC–1 via the Commission’s website at www.fmc.gov. Any changes to the above information shall be immediately transmitted to BTA. The Commission will provide a unique organization number to new entities operating as common carriers or conferences in the U.S. foreign commerce.

(e) Location of tariffs. The Commission will publish on its website, www.fmc.gov, a list of the locations of all carrier and conference tariffs. The Commission will update this list on a periodic basis.

[64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002]
§ 520.4 Tariff contents

a) General. Tariffs published pursuant to this part shall:
(1) State the places between which cargo will be carried;
(2) List each classification of cargo in use;
(3) State the level of ocean transportation intermediary, as defined by section 3(17)(A) of the Act (46 U.S.C. 40102(18)), compensation, if any, to be paid by a carrier or conference;
(4) State separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules or regulations that in any way change, affect, or determine any part of the aggregate of the rates or charges;
(5) Include sample copies of any bill of lading, contract of affreightment or other document evidencing the transportation agreement;
(6) Include copies of any loyalty contract, omitting the shipper’s name;
(7) Contain an organization record, tariff record, and tariff rules; and
(8) For commodity tariffs, also contain commodity descriptions and tariff rate items.
(b) Organization record. Common carriers’ and conferences’ organization records shall include:
(1) Organization name;
(2) Organization number assigned by the Commission;
(3) Agreement number, where applicable;
(4) Organization type (e.g., ocean common carrier (VOCC), conference (CONF), non-vessel-operating common carrier (NVOCC) or agent);
(5) Home office address and telephone number of firm’s representative;
(6) Names and organization numbers of all affiliates to conferences or agreements, including trade names; and
(7) The publisher, if any, used to maintain the organization’s tariffs.
(c) Tariff record. The tariff record for each tariff shall include:
(1) Organization number and name, including any trade name;
(2) Tariff number;
(3) Tariff title;
(4) Tariff type ( e.g., commodity, rules, equipment interchange, or bill of lading);
(5) Contact person and address;
(6) Default measurement and currency units;
(7) Origination and destination scope; and
(8) A statement certifying that all information contained in the tariff is true and accurate and no unlawful alterations will be permitted.
(d) Tariff rules. Carriers and conferences shall publish in their tariffs any rule that affects the application of the tariff.
(e) Commodity descriptions. (1) For each separate commodity in a tariff, a distinct numeric code may be used. Tariff publishers are not required to use any numeric code to identify commodities, but should they choose to do so, they are encouraged to use the U.S. Harmonized Tariff Schedule (“U.S. HTS”) for both the commodity coding and associated terminology (definitions).
(2) If a tariff publisher uses a numeric code to identify commodities, the following commodity types shall be preceded by their associated 2-digit prefixes, with the remaining digits at the publisher’s option:
(i) Mixed commodities—“99”;
(ii) Projects—“98”; and
(iii) non-commodities, e.g., “cargo, n.o.s.,” “general cargo,” or “freight-all kinds”—“00”.
(3) Commodity index. (i) Each commodity description created under this section shall have at least one similar index entry which will logically represent the commodity within the alphabetical index. Publishers are encouraged, however, to create multiple entries in the index for articles with equally valid common use names, such as, “Sodium Chloride,” “Salt, common,” etc.
(ii) If a commodity description includes two or more commodities, each included commodity shall be shown in the index.
(iii) Items, such as “mixed commodities,” “projects” or “project rates,” “n.o.s.” descriptions, and “FAK,” shall be included in the commodity index.
(f) Tariff rate items. A tariff rate item (“TRI”) is the single freight rate in effect for the transportation of cargo under a specified set of transportation conditions. TRIs must contain the following:
(1) Brief commodity description;
(2) TRI number (optional);
(3) Publication date;
(4) Effective date;
(5) Origin and destination locations or location groups;
(6) Rate and rate basis; and
(7) Service code.
(g) Location groups. In the primary tariff, or in a governing tariff, a publisher may define and create groups of cities, states, provinces and countries ( e.g., location groups) or groups of ports ( e.g., port groups), which may be used in the construction of TRIs and other tariff objects, in lieu of specifying particular place names in each tariff item, or creating multiple tariff items which are identical in all ways except for place names.
(h) Inland rate tables. If a carrier or conference desires to provide intermodal transportation to or from named points/postal regions at combination rates, it shall clearly and accurately set forth the applicable charges in an “Inland Rate Tables” section. An inland rate table may be constructed to provide an inland distance which is applied to a per mile rate to calculate the inland rate.
(i) Shipper requests. Conference tariffs shall contain clear and complete instructions, in accordance with the agreement’s provisions, stating where and by what method shippers may file requests and complaints and how they may engage in consultation pursuant to section 5(b)(6) of the Act (46 U.S.C. 40303(b)(6)), together with a sample rate request form or a description of the information necessary for processing the request or complaint.
(j) Inland divisions. Common carriers are not required to state separately or otherwise reveal in tariffs the inland division of a through rate.
[64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50722, Oct. 1, 2009]
§ 520.5 Standard tariff terminology

(a) Approved codes. The Standard Terminology Appendix contains codes for rate bases, container sizes, service, etc., and units for weight, measure and distance. They are intended to provide a standard terminology baseline for tariffs to facilitate retriever efficiency. Tariff publishers may use additional codes, if they are clearly defined in their tariffs.
(b) Geographic names. Tariffs should employ locations (points) that are published in the National Imagery and Mapping Agency (“NIMA”) gazetteer or the Geographic Names Information System (“GNIS”) developed by the U.S. Geological Survey. Ports published or approved for publication in the World Port Index (Pub. No. 150) should also be used in tariffs. Tariff publishers may use geographic names that are currently in use and have not yet been included in these publications.
§ 520.6 Retrieval of information

a) General. Tariffs systems shall present retrievers with the ability to:
(1) Search for commonly understood tariff objects ( e.g., commodities, origins, destinations, etc.) without restricting such search to a specific tariff;
(2) Search a tariff for a rate on the basis of origin, destination and commodity;
(3) Employ a tariff selection option; or
(4) Select an object group ( e.g., rules, locations, groups, etc.) within a particular tariff.
(b) Search capability. Tariffs shall provide the capability to search for tariff matter by non-case sensitive text search. Text search matches for commodity descriptions should result in a commodity or commodity index list.
(c) Commodities and TRIs. Retriever selection of a specific commodity from a commodity index list shall display the commodity description and provide an option for searching for a rate ( e.g., on the basis of origin/destination) or a TRI list, if multiple TRIs are in effect for the commodity.
(d) Object groups. Retriever selection of a specific object group shall result in a list of the objects within the group or present a text search mechanism to allow location of an object within the group. For example, selection of the rules object group would present a list of the rules or a text search mechanism for locating specific terms or phrases within the rules.
(e) Basic ocean freight. The minimum rate display for tariffs shall consist of the basic ocean freight rate and a list of all assessorial charges that apply for the retriever-entered shipment parameters. If other rules or charges may be applicable to a shipment under certain circumstances, the tariff shall so indicate.
(f) Displays. All displays of individual tariff matter shall include the publication date, effective date, amendment code (as contained in appendix A of this part) and object name or number. When applicable, a thru date or expiration date shall also be displayed. Use of “S” as an amendment code shall be accompanied by a Commission issued special use number.

§ 520.7 Tariff limitations

(a) General. Tariffs published pursuant to this part shall:
(1) Be clear and definite;
(2) Use English as the primary textual language;
(3) Not contain cross-references to any other rate tariffs, except:
(i) A tariff of general applicability maintained by that same carrier or conference,
(ii) The individual tariffs of members of a non-conference agreement to enter into time/volume rates may cross-reference the tariffs of other members for purposes of said time/volume rates, and
(iii) Multiple common tariffs of a conference agreement to enter into time/volume rates may cross-reference their own multiple conference tariffs for purposes of said time/volume rates; and
(4) Not duplicate or conflict with any other tariff publication.
(b) Notice of cancellation. Carriers and conferences shall inform BTA, in writing, whenever a tariff is canceled and the effective date of that cancellation.
(c) Applicable rates. The rates, charges, and rules applicable to any given shipment shall be those in effect on the date the cargo is received by the common carrier or its agent including originating carriers in the case of rates for through transportation.
(d) Minimum quantity rates. When two or more TRIs are stated for the same commodity over the same route and under similar conditions, and the application is dependent upon the quantity of the commodity shipped, the total freight charges assessed against the shipment may not exceed the total charges computed for a larger quantity, if the TRI specifying a required minimum quantity (either weight or measurement; per container or in containers) will be applicable to the contents of the container(s), and if the minimum set forth is met or exceeded. At the shipper’s option, a quantity less than the minimum level may be freighted at the lower TRI if the weight or measurement declared for rating purposes is increased to the minimum level.
(e) Green salted hides. The shipping weight for green salted hides shall be either a scale weight or a scale weight minus a deduction, which amount and method of computation are specified in the commodity description. The shipper must furnish the carrier a weight certificate or dock receipt from an inland common carrier for each shipment at or before the time the shipment is tendered for ocean transportation.
(f) Conference situations. (1) New members of a conference shall cancel any independent tariffs applicable to the trades served by the conference, within ninety (90) days of membership in the conference. Individual conference members may publish their own separate open rate tariffs. Admission to the conference may be effective on the date notice is published in the conference tariff.
(2) New conference agreements have ninety (90) days within which to publish a new tariff.
(g) Overcharge claims. (1) No tariff may limit the filing of overcharge claims with a common carrier to a period of less than three (3) years from the accrual of the cause of action.
(2) The acceptance of any overcharge claim may not be conditioned upon the payment of a fee or charge.
(3) No tariff may require that overcharge claims based on alleged errors in weight, measurement or description of cargo be filed before the cargo has left the custody of the common carrier.
(h) Returned cargo. When a carrier or conference offers the return shipment of refused, damaged or rejected shipments, or exhibits at trade fairs, shows or expositions, to port of origin at the TRI assessed on the original movement, and such TRI is lower than the prevailing TRI:
(1) The return shipment must occur within one (1) year;
(2) The return movement must be made over the line of the same common carrier performing the original movement, except in the use of a conference tariff, where return may be made by any member line when the original shipment was carried under the conference tariff; and
(3) A copy of the original bill of lading showing the rate assessed must be presented to the return common carrier.
[64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002]
§ 520.8 Effective dates
(a) General. (1) No new or initial rate, charge, or change in an existing rate, that results in an increased cost to a shipper may become effective earlier than thirty (30) calendar days after publication.
(2) An amendment which deletes a specific commodity and applicable rate from a tariff, thereby resulting in a higher “cargo n.o.s.” or similar general cargo rate, is a rate increase requiring a 30-day notice period.
(3) Rates for the transportation of cargo for the U.S. Department of Defense may be effective upon publication.
(4) Changes in rates, charges, rules, regulations or other tariff provisions resulting in a decrease in cost to a shipper may become effective upon publication.
(b) Amendments. The following amendments may take effect upon publication:
(1) Those resulting in no change in cost to a shipper;
(2) The canceling of a tariff due to cessation of all service by the carrier between the ports or points covered by the tariff;
(3) The addition of a port or point to a previously existing origin or destination grouping; or
(4) Changes in charges for terminal services, canal tolls, additional charges, or other provisions not under the control of the common carriers or conferences, which merely acts as a collection agent for such charges and the agency making such changes does so without notifying the tariff owner.
(c) Controlled carriers. Published rates by or for controlled carriers shall be governed by the procedures set forth in part 565 of this chapter

§ 520.9 Access to tariffs
(a) Methods to access. Carriers and conferences shall provide access to their published tariffs, via a personal computer (“PC”), by:
(1) Dial-up connection via public switched telephone networks (“PSTN”); or
(2) The Internet (Web) by:
(i) Web browser; or
(ii) Telnet session.
(b) Dial-up connection via PSTN. (1) This connection option requires that tariffs provide:
(i) A minimum of a 14.4Kbps modem capable of receiving incoming calls;
(ii) Smart terminal capability for VT–100 terminal or terminal emulation access; and
(iii) Telephone line quality for data transmission.
(2) The modem may be included in a collection (bank) of modems as long as all modems in the bank meet the minimum speed.
(c) Internet connection. (1) This connection option requires that systems provide:
(i) A universal resource locator (“URL”) Internet address ( e.g., http://www.tariffsrus.com or http://1.2.3.4 ); and/or
(ii) A URL Internet address ( e.g., telnet://tariffsrus or telnet://1.2.3.4 ), for Telnet session access over the Internet.
(2) Carriers or conferences shall ensure that their Internet service providers provide static Internet addresses.
(d) Commission access. Commission telecommunications access to systems must include connectivity via a dial-up connection over PSTNs or a connection over the Internet. Connectivity will be provided at the expense of the publishers. Any recurring connection fees, hardware rental fees, usage fees or any other charges associated with the availability of the system are the responsibility of the publisher. The Commission shall only be responsible for the long-haul charges for PSTN calls to a tariff initiated by the FMC.
(e) Limitations. (1) Tariffs must be made available to any person without time, quantity, or other limitations.
(2) Carriers are not required to provide remote terminals for access under this section.
(3) Carriers and conferences may assess a reasonable fee for access to their tariff publication systems and such fees shall not be discriminatory.
(4) Tariff publication systems shall provide user instructions for access to tariff information.
(f) Federal agencies. Carriers and conferences may not assess any access charges against the Commission or any other Federal agency.
(g) User identifications. Carriers and conferences shall provide the Commission with the documentation it requires and the number of user identifications and passwords it requests to facilitate the Commission’s access to their systems, if they require such identifications and passwords.

§ 520.10 Integrity of tariffs.

(a) Historical data. Carriers and conferences shall maintain the data that appeared in their tariff publication systems for a period of five (5) years from the date such information is superseded, canceled or withdrawn, and shall provide on-line access to such data for two (2) years. After two (2) years, such data may be retained on-line or in other electronic form, and shall be made available to any person or the Commission upon request in a reasonable period of time. Carriers and conferences may charge a reasonable fee for the provision of historical data, not to exceed the fees for obtaining such data on-line. No fee shall apply to federal agencies.
(b) Access date capability. Each tariff shall provide the capability for a retriever to enter an access date, i.e., a specific date for the retrieval of tariff data, so that only data in effect on that date would be directly retrievable. This capability would also align any rate adjustments and assessorial charges that were effective on the access date for rate calculations and designation of applicable surcharges. The access date shall also apply to the alignment of tariff objects for any governing tariffs.
(c) Periodic review. The Commission will periodically review published tariff systems and will prohibit the use of any system that fails to meet the requirements of this part.
(d) Access to systems. Carriers and conferences shall provide the Commission reasonable access to their automated systems and records in order to conduct reviews.
§ 520.11 Non-vessel-operating common carriers.

(a) Financial responsibility. An ocean transportation intermediary that operates as a non-vessel-operating common carrier shall state in its tariff publication:
(1) That it has furnished the Commission proof of its financial responsibility in the manner and amount required by part 515 of this chapter;
(2) The manner of its financial responsibility;
(3) Whether it is relying on coverage provided by a group or association to which it is a member;
(4) The name and address of the surety company, insurance company or guarantor issuing the bond, insurance policy, or guaranty;
(5) The number of the bond, insurance policy or guaranty; and
(6) Where applicable, the name and address of the group or association providing coverage.
(b) Agent for service. Every NVOCC not in the United States shall state the name and address of the person in the United States designated under part 515 of this chapter as its legal agent for service of process, including subpoenas. The NVOCC shall further state that in any instance in which the designated legal agent cannot be served because of death, disability or unavailability, the Commission’s Secretary will be deemed to be its legal agent for service of process.
(c) Co-Loading. (1) NVOCCs shall address the following situations in their tariffs:
(i) If an NVOCC does not tender cargo for co-loading, this shall be noted in its tariff.
(ii) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement shall be noted in the tariff.
(iii) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC shall describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship shall be presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo.
(2) Documentation requirements. An NVOCC which tenders cargo to another NVOCC for co-loading, whether under a shipper-to-carrier or carrier-to-carrier relationship, shall annotate each applicable bill of lading with the identity of any other NVOCC to which the shipment has been tendered for co-loading. Such annotation shall be shown on the face of the bill of lading in a clear and legible manner.
(3) Co-loading rates. No NVOCC may offer special co-loading rates for the exclusive use of other NVOCCs. If cargo is accepted by an NVOCC from another NVOCC which tenders that cargo in the capacity of a shipper, it must be rated and carried under tariff provisions which are available to all shippers.