Current through September 30, 2024
Section 520.4 - Tariff contents(a)General. Tariffs published pursuant to this part must: (1) State the places between which cargo will be carried;(2) List each classification of cargo in use;(3) State the level of compensation, if any, to be paid by a carrier or conference to an ocean freight forwarder, as defined by 46 U.S.C. 40102(19) ;(4) State separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules that in any way change, affect, or determine any part or the total of the rates or charges;(5) Include sample copies of any bill of lading showing legible terms and conditions, contract of affreightment, and/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 a retrievable commodity index, commodity descriptions, and tariff rate items.(b)Organization record. Common carriers' and conferences' organization records must include: (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 must include: (1) Organization number and name, including any trade name;(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 must publish in their tariffs any rule that affects the application of the tariff.(e)Commodity descriptions.(1) If a tariff publisher uses a numeric code to identify commodities, the following commodity types must be preceded by their associated 2-digit prefixes, with the remaining digits at the publisher's option: (i) Mixed commodities-"99";(iii) non-commodities, e.g., "cargo, n.o.s.," "general cargo," or "freight-all kinds"-"00".(2)Commodity index.(i) Common carriers or their publishers must have at least one similar index entry which will logically represent the commodity within the alphabetical index for each commodity description it creates under this section. Common carriers or their publishers must 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 must be shown in the index.(iii) Items, such as "mixed commodities," "projects" or "project rates," "n.o.s." descriptions, and "FAK," must 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);(5) Origin and destination scopes or location groups;(6) Rate and rate basis; and(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 can 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 must 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 must contain clear and complete instructions, in accordance with the agreement's provisions, stating where and by what method shippers can file requests and complaints and how they can engage in consultation pursuant to 46 U.S.C. 40303(b)(6)-(7) , 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