AES MANDATORY FILING – ELECTRONIC EXPORT INFORMATION

 

The mandatory AES filing that has been in effect since July 2, 2008 and will begin Enforced Compliance by Census in conjunction with US Customs effective September 30, 2008. COSCO’s  Tariff FMC-002 / Rule 002-63 has had additional verbiage added to cover costs and regulations regarding this government policy and has an effective date of September 30, 2008.  The tariff filing includes the following:

 

1)  Submission by Shipper to COSCO of Electronic Export Information (EEI) as follows:

 

Internal Transaction Number (ITN); OR

Proof of filing Exemption Status; OR

Certification of Post Departure Filing Status; OR

Declaration of cargo value under 2500.00 US

 

Deadline – NOT LATER THAN 2 WORKING DAYS PRIOR TO VESSEL ARRIVAL AT USA PORTS - excluding weekends and or holidays.   We will utilize the published schedule to determine these cutoffs – so for example anything arriving on a Saturday, Sunday or Monday must be received via e-mail by close of business on the prior Wednesday.

 

2)  All submissions from our customers to COSCO must be in the form of an email notification that is to be sent to one of the following Traffic Group distribution lists:

 

For any and all vessels loading on the East Coast – please advise customers to send to the following address:

EEIEC@COSCO-USA.COM

 

For any and all vessels loading out of Long Beach and / or Los Angeles – please advise customers to send to the following address:

EEILAX@COSCO-USA.COM

 

For any and all vessels loading out of the ports of Oakland, Seattle, Portland or Tacoma – please advise customers to send to the following address:

EEIHOU@COSCO-USA.COM

 

3) Please note applicable tariff rule:

 

TARIFF FMC-002 OUTBOUND GOVERNING RULE TARIFF
RULE 002-63              SUBMISSION OF DOCUMENTATION FOR U.S. EXPORT CARGO
Filed on: 25AUG2008   Effective: 30SEP2008   Thru:             Expire:
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RULE TEXT
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(a) Deadline for Submission of Data for U.S. Export Cargoes.
1.  To avoid the imposition of penalties on Carrier by U.S.
authorities, to minimize the cost of document preparation,
to avoid disruption to Carrier's stevedoring and vessel
loading operations, and to preserve schedule integrity, the
shipper named on the bill of lading or its agent
("Shipper") must provide the following information to
Carrier not later than two working days, excluding Saturday,
Sunday and Holidays, prior to vessel arrival at U.S.A.
Ports via email:
 
          (i)   Name and address of Shipper
          (ii)  Name and address of consignee
          (iii) Destination of cargo
          (iv)  Port of discharge of cargo
          (v)   Description of cargo, including quantity and
                weight
          (vi)  AES Export Citation (External Transaction
                Number of Exemption Statement) and/or
                Electronic Export Information (EEI) with
                its Internal Transmission Number (ITN)
 
2.  To avoid the imposition of penalties on Carrier by
Canadian authorities for cargo loaded in USA and arriving
in Canada as import cargo or in-transit (FROB - Freight
Remaining on Board), to minimize the cost of document
preparation, to avoid disruption to Carrier's stevedoring
and vessel loading operations, and to preserve schedule
integrity, the shipper named on the bill of lading or its
agent ("Shipper") must provide the following information to
Carrier not later than 2 working days, excluding Saturday,
Sunday and Holidays, prior to vessel arrival at U.S.A.
ports:
 
          (i)   Name and address of Shipper
          (ii)  Name and address of consignee
          (iii) Destination of cargo
          (iv)  Port of discharge of cargo
          (v)   Description of cargo, including quantity and
                weight
          (vi)  AES Export Citation (External Transaction
                Number of Exemption Statement) and/or
                Electronic Export Information (EEI) with
                its Internal Transmission Number (ITN)
b)  Consequences of Failure to Provide Data.
The Carrier may refuse to load the cargo for which data
described in paragraph (a) has not been timely  provided.
In the event the data described in paragraph (a) has not
been timely provided, whether or not the cargo has been
loaded on the vessel, then any and all costs incurred by
Carrier with respect to cargo in its possession including,
but not limited to fines, inspection, storage, equipment
per diem, port demurrage and/or re- delivery costs, and/or
container roll charges assessed by terminal operator in
United States, shall be the joint and several
responsibility of Shipper, the consignee named on the bill
of lading and any other person(s) with an interest in such
cargo (collectively, "Merchant").
Carrier shall have a lien on cargo in its possession for
amounts due hereunder and may hold cargo until such amounts
(and any other unpaid freights or charges) are paid or sell
such cargo after a reasonable period.  In the event Carrier
is forced to take legal action to collect amounts due
hereunder, Carrier shall be entitled to recover all costs
(including attorneys' fees) incurred in connection with
such legal action.
 
c)  Government Requirements.
Nothing in this rule shall relieve Shipper of its
obligation to comply with otherwise applicable advance
notice  requirements or reduce the period of such other
advance notice requirements including, but not limited to;
(i) the 72-hour advance notice requirement for exports of
used vehicles; (ii) the advance notice requirements
applicable to cargo for which an export license is
required; and (iii) advance notice requirements
established  by government agencies.
 
(d)Timely Filing of Shipper's Export Declaration (SED).
The Shipper or his Forwarder shall be liable for, and shall
hold the Carrier harmless, from any loss, damage, delay,
expense or liability incurred by, or levied upon, the
Carrier or the goods by reason of non-compliance with
Customs or other Government regulations resulting from late
presentation of the Master Bill of Lading with proof of
filing citation or exemption of legend, including fines or
penalties incurred by Carrier for which Shipper shall in
all cases reimburse Carrier.
Shipper, (or Account of Cargo) is further responsible
for all additional charges incurred by Carrier such as
Demurrage and Roll-Over, Storage Charges, etc. that might
result from the failure of the Shipper to provide the
required documentation to Carrier prior to the
Documentation Cut-Off date/time for the respective vessel.
It is the responsibility of the party providing such
documentation to ensure that it arrives, and is confirmed
received by the Carrier's Documentation Staff, prior to
this date/time without exception.
 
In addition to all costs incurred by Carrier, Carrier will
enforce an Administration Charge of $200.00 per Booking
on all cases where the Shipper/Forwarder fails to present
the required Internal Transmission Number (ITN) to Carrier
prior to Documentation Cut-Off Date/Time.  The Shipper or
his Forwarder must submit the Internal Transmission Number
(ITN) to Carrier via electronic mail.
 
(e) Indemnification of Carrier.
If Carrier is assessed a penalty or fine with respect to
cargo for which it received timely information because the
information was false, inaccurate or incomplete, then
Merchant shall be jointly and severally liable to indemnify,
hold harmless and reimburse Carrier (and by booking a
shipment with Carrier do thereby agree to indemnify, hold
harmless and reimburse Carrier) for any such penalty or
fine and all costs, liabilities, damages, losses and cargo
claims incurred by the Carrier as a result of such false,
inaccurate or incomplete information.  Carrier shall have a
lien on cargo in its possession for amounts due hereunder
and may hold cargo until such amounts (and any other unpaid
freights or charges) are paid or sell such cargo after a
reasonable period.  In the event Carrier is forced to take
legal action to collect amounts due hereunder, or to defend
any action resulting from actions or events covered by this
indemnification, Carrier shall be entitled to recover all
costs (including attorneys' fees) incurred in connection
with such legal action.  For purposes of this paragraph,
the indemnification provided to Carrier shall also extend
to its agents, affiliates, contractors, employees, vessel-
sharing partners, slot charterers, vessel owners, and
insurers.