ALL-WAYS FORWARDING OF N.Y. INC. Tariff No. 032777-001
FMC No. 032777NF. Non-Vessel Operating Common Carrier Effective Date: 17JUL2023 Published Date: 17JUL2023 Expiration Date: /

Title Page

Tariff No. 032777-001 Governing Rules Tariff

Naming rules and regulations on cargo moving in containers and breakbulk between U.S. Ports
and points(as specified in rule 1) and world ports and points (as specified in rule 1-a)

ALL-WAYS FORWARDING OF N.Y. INC. Is a non-vessel operating common carrier (nvocc) licensed with the federal maritime commission (fmc) operating under fmc number 032777NF.

Notice to tariff users

All rates and charges for NVOCC services will be through Negotiated Rate Arrangements (“NRA”)’s or NVOCC Service Arrangements (“NSA”)’s as defined by the Federal Maritime Commission (“FMC”). Provisions in those Arrangements and the ocean bill of lading will govern all shipments. In that respect Carrier has opted for non-exclusive use of NRA.

Negotiated Rate Arrangement means the written and binding arrangement between an NRA shipper and an eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (including originating carrier in the case of through transportation).

All origin, destination, local, terminal and/or port charges shall be applied to the account of the cargo.

Rates may not be modified by the Carrier in an NRA after the time the shipment is received by the Carrier or its agent (including originating carriers in the case of through transportation).

Published by:

ALL-WAYS FORWARDING OF N.Y. INC.

Address: 161-15 Rockaway Blvd, Suite 300
Jamaica, NY 11434
Email: [email protected] Tel: 718-656-1200 Fax: 718-656-0100
Carrier Information
Tariff Details
Tariff Number: 032777-001
Tariff Title: ALL-WAYS FORWARDING OF N.Y. INC.
Effective: 17JUL2023
Thru: None
Expires: None
Publish: 17JUL2023
Amendment Type: I
Original Issue: 17JUL2023
Weight Rating: 1,000KGS
Volume Rating: 1CBM
Tariff Type: Governing Rules Tariff
Certification: All information contained in this tariff is true, accurate and no unlawful alterations are permitted.
Organization Information
Number: 032777-001
Name: ALL-WAYS FORWARDING OF N.Y. INC.
Type: Non-Vessel Operating Common Carrier
Hdq. Country: USA
Home Office: 161-15 Rockaway Blvd, Suite 300, Jamaica, NY 11434
Phone: 718-656-1200
Fax: 718-656-0100
Email: [email protected]

Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.: Table of Contents
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023
Rule 1 – Scope
Rule 1-A – Scope
Rule 1-B – Intermodal Service
Rule 2 – Notice to Tariff Users
Rule 2A – Application of NRAs and Charges
Rule 2-010 – Packing Requirements
Rule 2-020 – Diversion by Carrier
Rule 2-030 – Force Majeure Clause
Rule 2-035 – Ocean Carrier Spot Pricing, Congestion Fees, Revenue Recovery Surcharges, Space Arrangement Fees
Rule 2-040 – Container Capacity
Rule 2-045 – Port of LA & LB Container Excess Dwell Fees
Rule 2-050 – Shipper Furnished Container
Rule 2-060 – Measurement and Weight
Rule 2-070 – Overweight Containers
Rule 2-080 – Shipper’s Load & Count
Rule 2-090 – Diversion by Shipper or Consignee
Rule 2-100 – Mixed Commodities
Rule 2-110 – Restricted Articles
Rule 2-120 – Freight All Kinds
Rule 2-130 – Alternate Rate Service Levels; Economy, Regular, Premium
Rule 2-140 – AES USA Export Shipments
Rule 2-150 – Documentation Fee
Rule 2-160 – AMS Charges
Rule 2-170 – Submission Cargo Declaration Data
Rule 2-180 – U.S. Customs Related Charges
Rule 2-190 – FDA Prior Notice
Rule 2-200 – Cargo Roll-Over
Rule 2-210 – Free Time Detention/ Demurrage/ Storage
Rule 2-220 – OSRA 2022 NVOCC Safe Harbor
Rule 3 – Rate applicability
Rule 4 – Heavy Lift
Rule 5 – Extra Length
Rule 6 – Minimum Bill of Lading
Rule 7 – Payment of Freight Charges
Rule 8 – Bill of Lading
Rule 9 – Freight Forwarder Compensation
Rule 10 – Surcharges & Arbitraries
Rule 10-A –  Low Sulfur Surcharge
Rule 11 – Minimum Quantity Rate
Rule 12 – Ad Valorem
Rule 13 – Transshipment
Rule 14 – Co-Loading
Rule 15 – Open Rates
Rule 16 – Hazardous Cargo
Rule 16-A – Ocean Carriers Hazardous Cargo Penalty
Rule 17 – Green Salted Hides
Rule 18 – Returned Cargo
Rule 19 – Shippers Request or Complaints
Rule 20 – Overcharge Claims
Rule 21 – Use of Carrier Equipment
Rule 22 – Automobiles
Rule 23 – Carrier Terminal Rules and Charges
Rule 23-01 – Destination Terminal Handling Charge
Rule 24 – NVOCC Bond and Process Agent
Rule 25 – Certification of Shippers Status
Rule 26 – Reserved for Future Use
Rule 27 – Loyalty Contracts
Rule 28 – Definitions
Rule 29 – Abbreviations, Codes & Symbols
Rule 30 – Access to Tariff Information
Rule 31-200 – Reserved for Future Use
Rule 201 – NVOCC Service Arrangements (NSA) Essential Terms

Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 1: Scope
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Rules and regulations published herein apply BETWEEN United States Atlantic, Gulf, Pacific and Great Lakes Ports, U.S. Territories and Possessions, U.S. Inland Points AND Worldwide Ports and Points as specified in Rule 1.A of this tariff:

U.S. ATLANTIC BASE PORTS (ACBP)

  • Baltimore, MD
  • Boston, MA
  • Charleston, SC
  • Jacksonville, FL
  • Miami, FL
  • New York, NY
  • Newark, NJ
  • Norfolk VA
  • Philadelphia, PA
  • Savannah, GA
  • Wilmington, NC

U.S. GULF COAST BASE PORTS: (GCBP)

  • Houston, TX
  • New Orleans, LA
  • Tampa, FL
  • Mobile, AL

U.S. PACIFIC COAST BASE PORTS: (PCBP)

  • Los Angeles, CA
  • Long Beach, CA
  • Oakland, CA
  • San Francisco, CA
  • Portland, OR
  • Seattle, WA
  • Tacoma, WA

GREAT LAKES BASE PORTS

  • Includes Chicago, IL

SUBSTITUTED SERVICE AND INTERMODAL SERVICE

  1. SUBSTITUTED SERVICEThis provision shall govern the transfer of cargo by trucking or other means of transportation at the expense of the Ocean Carrier. In no event shall any such transfer arrangements be such as to result directly or indirectly in any lessening or increasing of the cost or expense which the shipper would have borne had the shipment cleared through the port originally intended.
  2. INTERMODAL SERVICECarrier will provide through intermodal service via all combinations of air, barge, motor and rail service.
    Intermodal Rates will be shown as single-factor through rates as specified in individual NRA’s.
    Carrier’s liability will be determined in accordance with the provisions indicated in their Bill of Lading (Rule 8 herein). Intermodal rates will apply via US Atlantic, Gulf or Pacific Coast Base Ports as specified in the individual NRA of this tariff.
    Intermodal rates will apply from locations specified in rule 1-B.

Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 1-A: Worldwide Ports and Points
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

This tariff provides rules and regulations between USA Ports and Points, and Worldwide Ports and Points. NRAs between World Inland Points apply via Base Ports.

WORLDWIDE PORTS AND POINTS:

Continent – Includes Ports in the Ghent/Hamburg Range and Inland Points Via such Ports.

France/Iberia – Includes Atlantic Coast Ports in France and Atlantic Coast Ports in Spain and Portugal and Inland Points Via such Ports.

United Kingdom – Includes Ports in England, Scotland, Wales, Northern Ireland and the Republic of Ireland and Inland Points Via such Ports.

Scandinavia – Includes Ports in Denmark, Iceland, Finland, Norway, Sweden, and Baltic Ports in the Kiel/Leningrad Range and Inland Points Via such Ports.

Mediterranean – Includes Ports in the Mediterranean Sea in the Gibraltar, Spain/Oran, Algeria Range, including Ports in the Adriatic, Agean and Black Seas and Islands therein, and Inland Points Via such Ports.

Morocco – Includes Mediterranean and Atlantic Ports in Morocco and Inland Points Via such Ports.

Africa – Includes West, South and East Africa Ports in the El Asiun/Berbera Range, exclusive of Berbera and including the Malagasy Republic and Inland Points Via such Ports.

Middle East – Includes Ports on the Red Sea, Gulf of Aden, Arabian Sea, Persian Gulf and the Gulf of Oman in the Berbera/Karachi Range inclusive of Berbera and exclusive of Karachi and Inland Points Via such Ports.

India/Burma – Includes Ports in the Karachi/Rangoon Range and those in Sri Lanka and Inland Points via such Ports.

Far East – Includes Ports in Japan, Hong Kong, Philippines, Taiwan, Korea, China, Kampuchea and Vietnam and Inland Points Via such Ports.

Russia – Includes All Ports in the Union of Soviet Socialist Republic not otherwise named above and Inland Points Via such Ports.

South China Sea – Includes Ports in Malaysia, Singapore and Thailand and Inland Points Via such Ports.

Indonesia – Includes Ports in Indonesia and Inland Points Via such Ports.

Australasia – Includes Ports in Australia, New Zealand, and South Pacific Islands, and Inland Points Via such Ports.

East Coast of Central America and Mexico – Includes East Coast Ports of Central America and Mexico in Mexico, Belize, Guatemala, Honduras, Nicaragua, Costa Rica and Panama and Inland Points Via such Ports.

East Coast of South America – Includes East Coast Ports of South America in Colombia, Guyana, Suriname, French Guiana, Brazil, Uruguay and Argentina and Inland Points Via such Ports.

West Coast of Central America and Mexico – Includes West Coast Ports of Central America in Mexico, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama and Inland Points Via such Ports.

West Coast of South America – Includes West Coast Ports of South America in Colombia, Ecuador, Peru and Chile and Inland Points Via such Ports.

Venezuela – Includes Ports in Venezuela and Inland Points Via such Ports.

Caribbean – Includes Ports in the Bahamas, Caymen Islands, Dominican Republic, Guadeloupe, Haiti, Jamaica, Leeward and Windward Islands, Martinique, Trinidad and Tobago, Turks and Caicos Islands and the Virgin Islands (British) and Inland Points Via such Ports.

Canada – Includes Ports in Canada and Inland Points Via such Ports.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 1-B: Intermodal Service
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Intermodal through rates are single-factor through rates and apply only from, to and via the ports and points specifically stated in the individual NRA.

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Tariff rule information

011140-100: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2: Notice to Tariff Users
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

a. Carrier has opted to be exempt from tariff publication requirements pursuant to 46 C.F.R. §§520 and 532. In that respect Carrier has opted for exclusive use of Negotiated Rate Arrangements (“NRAs”).

b. NVOCC NRA means the written and binding arrangement between an NRA shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).

c. Carrier’s Rules are provided free of charge to Shipper https://shipallways.com at containing the terms and conditions governing the charges, classifications, rules, regulations and practices of Carrier.

d. Carrier shall issue quotation sheets, booking confirmations, e-mail communications and other writings, with applicable rates and charges for the shipments subject of the NRA, and shipper’s response by e-mail or other writing (collectively “the writings”) which will constitute an offer by Carrier and acceptance by Shipper for transportation services pursuant to 46 C.F.R. §§520.13 and 532. The terms contained in the writings shall be a valid offer for thirty (30) days from the offer date, unless otherwise rescinded by the Carrier prior to receiving Shipper’s cargo. Carrier reserve the right to extend the terms of the NRA. Carrier’s or Carrier’s agent’s receipt of cargo for this shipment constitutes final acceptance by Shipper of this offer, and the terms of the NRA shall bind the parties. If the writing provided by shipper to accept the offer does not contain the legal name and address of the shipper and its affiliates agreeing to the NRA, the shipper must provide these by separate writing which shall be considered part of the NRA.

e. Rates may not be modified in an NRA after the time the shipment is received by the Carrier or its agent (including originating carriers in the case of through transportation.

f. All origin and destination local and terminal charges shall apply to the account of the cargo whether or not included in this Rules Tariff.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2A: Application of NRAs and Charges
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

NRAs apply from end of ship’s tackle at Port of Loading to end of ship’s tackle at Port of Discharge or From/To Inland Points at Origin/Destination To/From Port of Loading/Discharge and, unless otherwise specifically provided, do not include Lighterage, Terminal Handling, Wharfage or any other Accessorial Charges which are established by Customs of the Port, by Port or Local Tariffs or by U.S. Customs. Any Accessorial Charges which are assessed against the cargo will be for the account of the cargo, even if the Carrier is responsible for the collection thereof.

1. NRAs are stated in terms of U.S. Currency and apply per 1 Cubic Meter (M) or 1,000 Kilos (W), as indicated, whichever basis yields the greater revenue, except as otherwise specified. Where the word “Weight” or the letter “W” appears next to an article or commodity, weight rates are applicable without regard to measurement. Where the word “Measurement” or the letter “M” appears next to an article or commodity, measurement rates are applicable without regard to weight.

NRAs and other charges shall be based on the actual gross weight and/or overall measurement of each piece or package, except as otherwise provided.

NRAs indicated by W/M are optional weight or measurement rates and the rate yielding the greater revenue will be charged.

2. Except as otherwise provided, all “Port” (i.e., Port-to-Port) rules published herein apply from/to places where the common carrier originates or terminates its actual ocean carriage of cargo. Tolls, Wharfage, Cost of Landing, and all other expenses beyond the port terminal area are for account of Owner, Shipper or Consignee of the cargo and all such expenses levied in the first instance against the Carrier will be billed in an equal amount to the Owner, Shipper, or Consignee of the Cargo.

NRAs are applicable from/to Inland Points which lie beyond port terminal areas. NRAs shall be inclusive of all charges pertinent to the transportation of cargo (including intermediate but not Origin or Destination Terminal Charges) and not including Customs clearance assessments or Forwarding Charges, except as provided.

Alternatively, at shipper’s request, carrier will arrange for inland transportation as shipper’s agent. All associated costs will be for the account of the cargo. Overland carriers will be utilized on an availability of service basis and not restricted to any preferred Carriers, except as Ocean Carrier deems necessary to guarantee safe and efficient movement of said cargo. (See item 11, re: Advanced Charges.)

Carrier shall not be obligated to transport the goods in any particular type of container or by any particular Vessel, Train, Motor, Barge or Air Carrier, or in time for any particular market or otherwise than with reasonable dispatch. Selection of Water Carriers, Railways, Motor, Barge or Air Carrier used for all or any portion of the transportation of the goods shall be within the sole discretion of the Ocean Carrier.

3. NRAs do not include Marine Insurance, and no premiums for account of shipper may be absorbed by the Carrier.

4. Trade names are not acceptable commodity descriptions and shippers are required to declare their commodity by its generally accepted generic or common name.

5. Except as otherwise provided, NRAs apply only to the commodity named.

6. Wherever NRAs are provided for articles named, the same NRA will also be applicable on parts of such articles where so described in the ocean bill of lading, except where specific NRA are provided for such parts.

7.FORCE MAJEURE CLAUSE: “Without prejudice to any rights or privileges of the carriers under covering bill of lading, dock receipts or booking contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, riots, civil insurrections, embargoes, blockades, port congestion, strike, imminent strike or harbour disturbances, widespread electrical power failures effecting port operations, Acts of God including earthquakes, extreme weather conditions or other natural catastrophes, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and effecting the carriers operations, the carrier reserves the right to cancel any outstanding booking or contract of carriage, or to route shipments by any other means of transportation whether by all-water, air-water or land-water in accordance with rates, charges, rules and regulations established in this tariff that would have applied in the absence of the Force Majeure condition and subject to bill of lading provisions set forth in the governing bill of lading tariff that are applicable to actual routing of the cargo.”

8. Any Tollage, Wharfage, Handling and/or other charges assessed against the cargo at Ports of Loading/Discharge shall be for the account of the cargo. Any Tollage, Wharfage, Handling and/or Charges at Port of Loading in connection with storage, handling and receipt of cargo before loading on the vessel shall be for the account of the cargo. Any Additional Charges which may be imposed upon the cargo by Governmental Authorities shall be applied to the account of the cargo.

9. Types of service are provided in each individual NRA.

10. SERVICE OPTIONS: Service options are provided in each individual NRA.

11. ADVANCED CHARGES: Advanced charges on bills of lading for collection from shipper/consignee will be accepted provided such charges do not exceed the amount of freight on the bill of lading, and provided they do not relate in any part to cargo cost and/or ocean freight thereon, but cover only carrying and other legitimate expenses from/to carrier’s terminal at bill of lading origin/destination. Such charges accepted without carrier’s responsibility and full risk is for the party requesting such advance.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-010: Packing Requirements
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

1. Except as otherwise provided herein, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the Carrier to accept an article so offered for transportation when enclosure in a container is reasonable necessary for protection and safe transportation.

2. Packages must be marked durably and legibly and must show the port of destination. All packages must be numbered, which number together with marks and destination must appear on the shipping receipts and Bill of Lading.

3. Gross weight in pounds and initials of port must be clearly and legibly shown on packages, and on original and copies of dock receipts tendered at time of delivery.

4. Each package, bundle or piece of freight must be plainly marked with the full or initials of consignee, and the destination must be shown in full to insure proper delivery. If necessary, corrections must be made by the shipper or his representative.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-020: Diversion By Carrier
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

When the Ocean Carrier discharges cargo at a terminal port other than the port named in the ocean bill of lading, the ocean carrier may arrange, at its option, for movement via rail, truck or water, of the shipment from the port of actual discharge only as indicated hereunder:

1. To ocean carrier’s terminal (motor, rail or water), at port of destination declared on the bill of lading at the expense of the ocean carrier. Carrier may, at their convenience, deliver cargo to ports en-route between Carrier discharging terminal and carrier’s delivery terminal provided the NRA’s are already provided for such destinations in individual commodity items.

2. The ocean carrier may forward cargo direct to a point designated by the consignee, provided the consignee pays the cost which he would normally have incurred either by rail, truck or water, to such point if the cargo has been discharged at the terminal port named in the ocean bill of lading within any commercial zone, such payment by the consignee shall be the cost he would normally have incurred to such point of delivery.

NOTE: In the event of cargo being discharged at carrier’s convenience at a port other than the port of destination named in the bill of lading, the NRA applicable to the port of destination named in the bill of lading shall be assessed. In no event shall any such transfer or arrangements under which it is performed by such as to result directly or indirectly in any lessening or would have borne had the shipment cleared through the port originally intended.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-030: Diversion By Carrier
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

FORCE MAJEURE CLAUSE: “Without prejudice to any rights or privileges of the carriers under covering bill of lading, dock receipts or booking contracts or under applicable provisions of law, in the event of war, hostilities, warlike operations, riots, civil insurrections, embargoes, blockades, port congestion, strike, imminent strike or harbour disturbances, widespread electrical power failures effecting port operations, Acts of God including earthquakes, extreme weather conditions or other natural catastrophes, regulations of any governmental authority pertaining thereto or any other official interferences with commercial intercourse arising from the above conditions and effecting the carriers operations, the carrier reserves the right to cancel any outstanding booking or contract of carriage, or to route shipments by any other means of transportation whether by all-water, air-water or land-water in accordance with rates, charges, rules and regulations established in this tariff that would have applied in the absence of the Force Majeure condition and subject to bill of lading provisions set forth in the governing bill of lading tariff that are applicable to actual routing of the cargo.”

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-035: Ocean Carrier Spot Pricing – Congestion Fees – Revenue Recovery Surcharges – Space Arrangement Fees
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

1. Ocean Carriers during the pandemic period commencing on or about February 2020 and currently in place for so long as port congestion is
occurring in the United States and globally, have been imposing charges in congested port areas in addition to base rate and sur-charges applicable to
Carrier’s service contract with ocean carriers in either or both of the following manners:
a. By imposing newly negotiated rate structures as a pre-condition to loading cargo previously tendered by Carrier or its agent, whereby, said Ocean
Carrier will not load such cargo unless Carrier accepts such increased base spot rates, or
b. By imposing newly structured sur-charges with nominations such as, but not limited to “Revenue Recovery Surcharges”, “Space Arrangement Fees”,
and other similar titles to indicate charges over and above those in place during the negotiations of the service contract, which are imposed as charges as
a pre-condition to acceptance of cargo in a congested port, notwithstanding the negotiated service contract rates and/or surcharges were in place at the time
the cargo was tendered to the Ocean Carriers by Carrier or its agent.
c. The term Spot Rates shall apply to either or both procedures defined in Paragraph 1. a) and b) above.
1. Carrier, in view of the Spot Rates practices developed by Ocean Carriers during the pandemic period, shall in order to provide consistency and
predictability of transport shall accept such Spot Rates to the extent that not accepting same would lead to non-delivery of cargo, and/or port
demurrage and other charges, unless Shipper shall decide and will timely notify Carrier that it is abandoning such cargo, at which time Carrier may take
whatever steps necessary in terminating transport and/or asserting liens and effecting the sale of such cargo. To the extent that such cargo is not
appropriately abandoned as provided herein, and the sale of the cargo does not cover the freight monies and other charges due to Carrier, Shipper shall
remain responsible to Carrier for such charges.
2. Carrier shall define and treat such Spot Rates as Ocean Carrier General Rate Increases (“GRIs”), a term not otherwise defined in the Federal
Maritime Commission’s regulations. GRIs shall include charges implemented by Ocean Carriers as defined in the term Spot Rates herein. As such,
pursuant to 46 CFR §532.5 (d) (2) (iv) such Spot Rates are not included in a Negotiated Rate Arrangement nor a Rules Tariff and shall be charged
as a pass-through without a markup by Carrier.
3. To the extent that the increased rates and/or charges imposed by the ocean common carriers are not considered GRIs for whatever reason,
Shipper agrees that these increases are an acceptable amendment to the pertinent NRA.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-040: Container Capacity
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Container sizes, types, temperatures and service types are indicated in each individual NRA.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-045: Container Capacity
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

The following Container Excess Dwell Fees imposed by the Port of Los Angeles and the Port of Long Beach (“the Ports”) shall
be applicable to shippers as of the date of this publication in Carrier’s tariff pursuant to 46 CFR § 520.8 (b)(4) for any such fees
being assessed by the Ports against ocean carriers, and ocean carriers thereby assessing these as pass-through accessorial terminal
charges to Carrier, until such Container Excess Dwell Rates are eliminated by the ocean carriers:

These Dwell Fess are only applicable to imported containers through the Ports and fees are cumulative on a per day basis with no limits:
A. Local Import Loaded Container (to be removed by motor carrier)

Days on Terminal         Daily Charges ($)      Cumulative Charge ($)
9                                       100                                100
10                                     200                               300
11                                      300                               600
12                                     400                                1,000
13                                     500                                1,500
More than 13                (Increments of $100 Increase per day)
B. Intermodal Import Loaded Container (going by rail)
Days on Terminal        Daily Charges ($)       Cumulative Charge ($)
6                                      100                                 100
7                                      200                                 300
8                                      300                                 600
9                                      400                                 1,000
10                                    500                                 1,500
More than 10                (Increments of $100 Increase per day-no limit)

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-050: Shipper Furnished Containers
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

In lieu of the carrier furnished containers, shippers may offer cargo for ocean transportation in shipper furnished containers only if specified in the individual NRA. When shipper furnished containers are utilized the underlying Carrier’s rules, authorization and charges shall apply and stipulated in the individual NRA.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-060: Measurement And Weight
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Tariff reference to “W” and “M” signify 1,000 kilos and 1 cubic meter respectively. Whenever freight charges are assessed on a W/M “weight or measurement” basis or where rates are provided on both a “W” and “M” basis, the freight charges will be computed on the gross weight or the overall measurement of the pieces or packages, whichever computation produces the greater revenue to the Carrier.

1. All packages will be measured in CENTIMETRES and weight in KILOGRAMMES.

2. Rounding off- Dimensions:

Where parts of centimeter occur in dimensions, such parts below 0.5 cm. are to be ignored, and those of 0.5 cm. And over are to be rounded off to the centimeter above.

3. Calculating Cubic Measurements:

The three dimensions in centimeters (rounded off in accordance with (2)) are to be multiplied together to produce the cube of one package or piece in cubic meters to six decimals.

In case of a single package the decimals are to be rounded off at the second decimal, i.e., if the third decimal is below 5 the second decimal remains unaltered; if the third decimal is 5 or higher the second decimal is to be adjusted upwards.

In the case of multiple packages of like dimensions the cube on one package to six decimals is to be multiplied by the number of packages and the total cube is then to be rounded off to two decimals under the foregoing procedure.

4. OFFICIAL MEASURERS AND WEIGHERS:

The straight loaded shipments of consolidator Cargo, stuffed at Carrier’s nominated off dock CY locations, does not require measuring/weighing for purposes of confirming volume/weight of cargo. For such shipments, however, there must be a certificate from an officially appointed Sworn Measurer to confirm the exact location at which the shipment was stuffed into the container.

5.MISDESCRIPTION, UNDERWEIGHTS AND UNDERMEASUREMENTA:

A. The carrier at loading port will assess freight on the shipments on the basis of the gross weights and/or measurements declared or deemed to have been declared by Shippers. Such assessment is subject to the terms and conditions of the carrier’s Bill of Lading. Notwithstanding the foregoing. Carrier may arrange at the port/point of destination for the verification of the description, measurement or weights of all such shipments as they, at their sole discretion, may decide and in all such cases the description, measurements or weights so obtained shall be used for determining the correct amount of freight which has to be paid and expense incurred should be for account of cargo.

B. If the gross weights and/or measurements declared by the Shippers are less than those ascertained and if the Shippers, by notification to the Carrier, within seven (7) days of the vessels sailing from port of loading or the consignees, by notification to the Carrier prior to the shipment leaving the custody of the Carrier, maintain that the gross weights and/or measurements stated by them are correct, freight shall be assessed provisionally on the controllers’ figures and subsequently adjusted, if necessary, after an outturn reweighing and/or re-measuring. If such outturn re-weighting, re-measuring and/or resurveying shows that the gross weights, measurements and/or description were understated and/or misdeclared by the Shippers, re-measuring and/or resurveying shall be for the account of the cargo.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-070: Overweight Containers
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Shipper/Consignee for CY origin shipments shall be jointly severally and absolutely liable for any fine, penalty or other sanction imposed upon carrier, its agent motor/rail carrier by authority for exceeding lawful over-the-weight limitations in connection with any transportation services provided under this tariff and occasioned by any act of commission or omission of the shipper/consignee, its agent or contractors, and without regard to intent, negligence or any other factor. When carrier pays any such fine or penalty and assumes any other cost or burden, arising from such an event, it shall be on behalf of and for benefit of the cargo interest and carrier shall be entitled to full reimbursement therefore upon presentation of an appropriate invoice. Nothing in this rule shall require carrier, its agents or motor/rail carrier to resist, dispute or otherwise oppose the levy of such a fine, penalty or other sanction and carrier shall not have any liability to the cargo interest should it not do so. Any charges incurred in re-handling cargo to comply with maximum weight restrictions will be for account of cargo.

The party responsible (i.e., the shipper or the consignee) for the shipment exceeding any lawful weight limitation shall indemnify and hold the ocean carrier transporting the shipment, its agents and the motor/rail carrier(s), harmless from any and all damages or liability from claims by whomever brought arising in whole or in part from the shipment exceeding any lawful weight limitation. Such indemnification shall include attorneys’ fees and all costs incurred in the defense of such claim(s).

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Tariff rule information

032777-001 ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-080: Shipper’s Load And Count
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

When containers are loaded and sealed by shipper, carrier or its authorized agent will accept same as “Shipper’s load and count” and the Bill of Lading shall be so claused, and:

No container will be accepted for shipment if the weight of the contents thereof exceeds the weight carrying capacity of the container. Carrier will not be directly or indirectly responsible for:

1. Damage resulting from improper loading or mixing of articles in containers, or shipper’s use of unsuitable or inadequate protective and securing materials when loading to open-side flat-rack type containers.

2. Any discrepancy in count or concealed damage to articles.

Except as otherwise noted, shipments destined to more than one port of discharge may not be loaded by the shipper into the same container.

Except as otherwise provided, materials, including special fittings, and labor required for securing and properly stowing cargo in containers moving in CY service, including but not limited to lashing, bulkheads, cross members, platforms, dunnage and the like must be supplied by shippers at their expense and the carrier shall not be responsible for such materials nor their return after use. The carrier shall not be liable in any event for any claim for loss or damage to the cargo arising out of improper or inadequate mixing, stuffing, tallying or bracing of cargo within the container.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-090: Diversion of Cargo (By Shipper or Consignee)
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A request for diversion of a shipment will be considered as an amendment to the contract of carriage and will be subject to the following definitions, conditions and charges:

A. Definition of Diversion:

A change in the original billed destination, (which may also include a change in Consignee, order party, or both). A change in Consignee, order party or both will not be considered as diversion of cargo.

B. Conditions:

1. Requests must be received in writing by the carrier prior to the arrival of the vessel at Discharge Port. Carrier will make diligent effort to execute the request but will not be responsible if such service is operationally impractical or cannot be provided.

2. Cargo moving under a non-negotiable Bill of Lading may be diverted at the request of shipper or consignee. Cargo moving under a negotiable Bill of Lading may be diverted by any party surrendering the properly endorsed original Bill of Lading. Cargo moving under a negotiable Bill of Lading may also be diverted by the shipper or consignee at the carrier’s sole discretion without receipt by the carrier of the original negotiable Bill of Lading so long as a new negotiable Bill of Lading is not requested or issued by the carrier. If a new negotiable Bill of Lading is requested by the shipper or consignee, the original negotiable Bill of Lading must be surrendered to the carrier prior to issuance of the new negotiable Bill of Lading.

3. This rule will apply to full Bill of Lading quantities or full container loads only.

4. A shipment may only be diverted once. Shipper may request cancellation of the original diversion request, resulting in delivery of the cargo to the original billed destination, provided that such request is received prior to arrival of vessel at Discharge Port, and provided that all diversion charges as set out in C. below, applicable to the original diversion request, are paid in full prior to the cancellation request being accepted by the carrier. In no instance will any refund of the diversion charges be made in the event of a cancellation. Any additional expenses incurred by the carrier will be for the account of the cargo.

5. Cargo, which, upon request of Merchant (stowage permitting), is diverted to a Port of Discharge within the Scope of this Tariff other than that shown in the Bill of Lading, shall be assessed the actual amount of expense incurred by Carrier, or as per carrier tariff at time of shipment, whichever is higher, plus, at the sole discretion of the Carrier, depending on the relevant administrative burdens resulting from the diversion, an administrative fee of up to $50/BL for cargo received and diversion requested prior to vessel departure, or up to $300/BL for cargo received and diversion requested post vessel departure, from origin port.

6. Diversion charges or administrative charge are payable by the party requesting the diversion.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-100: Mixed Shipments
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

1. Single shipments which consist of articles subject to only one class or commodity rate will be charged at the actual or authorized estimated weight and at the class or commodity NRA applicable, subject to the minimum charge in the appropriate minimum charge item in tariffs making reference hereto.

2. Single shipments which consist of articles subject to two or more different NRAs, when articles subject to such different NRAs are separately packaged, will be charged at the actual or authorized estimated weight, and at the class or commodity NRA applicable to each, subject to the minimum charge in the appropriate minimum charge item in tariffs making reference hereto.

3. Where different scales of NRAs are provided for shipments of different weights, apply on each article the NRA which would apply on that article if such article were tendered as a straight shipment weighing the same as the aggregate weight of the mixed shipment. Any deficit between the actual weight of the shipment, and the weight provided for the next lower scale of NRAs, will be charged for at the lowest NRA applicable to any article in the shipment.

4. When two or more commodities for which different ratings are provided, are shipped as a mixed shipment without actual weights being obtainable for the portions shipped under the separate ratings, charges for the entire shipment will be computed at the class or commodity NRA applicable to the highest classed or rated commodity contained in such mixed shipment. The minimum weight shall be the highest provided in any of the NRAs used in computing the charges. In the event a lower charge results by considering such commodities as if they were divided into two or more separate shipments, such lower charge shall apply.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-110: Restricted Articles
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Except as otherwise provided, the following articles will not be accepted for transportation:

1. Cargo, loose on platforms or pallets, except when prior arrangements have been concluded with Carrier.

2. Cargo which because of its inherent vice is likely to impregnate or otherwise damage Carrier’s containers or cargo.

3. Bank bills, coin or currency; deeds, drafts, notes or valuable paper of any kind; jewelry including costume novelty jewelry, except where otherwise specifically provided, postage stamps or letters and packets of letters with or without postage stamps affixed; precious metals or articles manufactured therefrom; precious stones; revenue stamps; works of art; antiques or other related or unrelated old, rare or precious articles of extraordinary value except when prior arrangements have been concluded with carrier.

4. Corpses or cremated remains.

5. Animals, birds, fish, livesSection1k.

6. Eggs, viz: Hatching.

7. Poultry or pigeons, live (including birds, chickens, ducks, pheasants, turkeys, and any other fowl).

8. Silver articles or ware, sterling.

9. Except as otherwise provided herein or in tariffs making reference hereto, articles tendered for transportation will be refused for shipment unless in such condition and so prepared for shipment as to render transportation reasonably safe and practicable. Provisions for the shipment of articles not enclosed in containers does not obligate the carrier to accept an article so offered for transportation when enclosure in a container is reasonably necessary for protection and safe transportation.

10. Carrier, except as provided in tariffs making reference hereto, will not accept for transportation articles which, because of their length, weight or bulk cannot in carrier’s judgment be safely stowed wholly within the trailer or containers dimensions.

11. Except as provided in tariffs making reference hereto, shipments requiring temperature control.

12. Shipments containing cargo likely to contaminate or injure other cargo, including green salted hides.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-120: Freight All Kinds (FAK)
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Unless otherwise provided herein, any item described as “Freight All Kinds” shall consist of a minimum of two different commodity items. Further restrictions to the item shall be contained in the individual NRA.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-130: ALTERNATE RATE/SERVICE LEVELS: ECONOMY, REGULAR, PREMIUM
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Different levels of Service are offered by the Carrier. Unless otherwise specified in the individual NRA, NRA’s are applicable for Regular Service.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-140: AES USA EXPORT SHIPMENTS
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier requires complete and accurate Automated Export System / Shippers Letter of Instructions no later than 48 hours prior to port cut-off date. U.S. Customs and Border Protection (CBP) may impose penalties for failure to comply with the U.S. Bureau of Census, Mandatory Automated Export System regulations. Any such penalties imposed by CBP shall be applied to the account of the cargo.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-150: DOCUMENTATION FEE
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Document fees are considered origin and destination local charges and shall be applied to the account of the cargo, whether or not included in this Rules Tariff or in quotations.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-160: AMS CHARGES
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Except as otherwise provided NRA’s, in addition to the documentation charges currently in effect under this tariff the following will apply to all shipments to destinations in the USA:

1. In the event Carrier submits advance cargo declaration data to the U.S. Customs Service for cargo loaded on a vessel at a non- U.S. port, a Cargo Declaration Data Charge shall be payable to Carrier for each bill of lading issued by Carrier or, if the shipper tendering the cargo to Carrier has issued one or more of its bills of lading for such cargo (sometimes referred to as “house bills of lading”), on each such shipper-issued house bill of lading for which the Carrier submits such data. The amount of the charge shall be USD $50 per bill of lading.

2. In the event that Carrier is required to correct cargo declaration information previously submitted to the Customs Service due to an error or omission on the part of shipper or its agent, shipper shall pay Carrier an amendment fee for each submission to the Customs Service that must be corrected. The amendment fee shall be charged each time a submission is corrected and shall be USD $40 per correction.

3. The charges in paragraphs 1 and 2 of this rule shall not apply to shipper-issued bills of lading for which shipper or its authorized agent provides the advance cargo declaration data directly to the U.S. Customs Service.

4. The Automated Manifest System (AMS) Surcharges named herein shall be payable on the same basis as ocean freight, either prepaid or collect. Carrier may hold shipper and consignee named on its ocean bill of lading jointly and severally liable for payment of the charge.

5. Carrier is not liable for any charges accrued as a result of failure in providing complete information required by this rule and U.S. customs as follows:

If assessed a Civil Penalty or denied permission to unload cargo, then any and all Shippers, Consignees, Cargo Owners that failed to provide the information required by this Rule and/or by the regulations of the U.S. Customs Service in a complete and accurate manner shall be jointly and severally liable to indemnify and reimburse Carrier for any such penalty and any all costs incurred by Carrier as a result of the denial of permission to unload cargo. Carrier may have a lien on cargo in its possession for amounts due and may hold cargo until such amounts (and any other unpaid freight charges) are paid or sell such cargo after a reasonable period.

6. For the purpose of this rule, the term “Bill of Lading” shall also refer to “Sea Waybill”.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-170: SUBMISSION OF CARGO DECLARATION DATA
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023
  1. A. SUBMISSION OF CARGO DECLARATION DATA; DEADLINE FOR SAME.Pursuant to Customs regulations effective December 2, 2002, Carrier is required to submit certain cargo declaration data for all cargo on board a vessel that will call in the United States (i.e., U.S. import cargo and foreign destination cargo remaining on board the vessel) to the U.S. Customs Service not later than 24 hours prior to the time the cargo is loaded on Carrier’s vessel at each non-U.S. port of loading. In order to enable Carrier to comply with this requirement, except as provided in paragraph B of this rule, any person tendering cargo to Carrier that is to be transported to the United States or that will be on a vessel when that vessel calls in the United States must provide the following information regarding such cargo to Carrier in writing (including by electronic transmission) in sufficient time for Carrier to transmit the data to the Customs Service at least 24 hours prior to the loading of the cargo on Carrier’s vessel. Failure to comply with these requirements will result in cargo not being loaded.1. A precise description of the cargo (or the 6-digit HTS number under which cargo is classified) and weight of the cargo or, for a sealed container, the shipper’s declared description and weight of the cargo. The quantity of cargo shall be expressed in the lowest external packaging unit (e.g., a container containing 10 pallets with 200 cases shall be described as 200 cases). Generic descriptions, including, but not limited to, ‘FAK,’ ‘General Cargo,’ ‘Chemicals,’ ‘Foodstuffs,’ and terms such as ‘Said to Contain’ are NOT acceptable descriptions.2. Shipper’s complete name and address, or the identification number issued to the shipper by the U.S. Customs Service upon implementation of the Automated Commercial Environment (‘ACE’).3. Complete name and address of the consignee, owner or owner’s representative, or its ACE identification number.4. Internationally recognized hazardous material code when such materials are being shipped.5. Seal numbers for all seals affixed to the container.
  2. B. TIME FOR SUBMISSION OF DATA BY SHIPPERS TO CARRIER.Except as otherwise provided below, the time for shipper to submit data to Carrier shall be as follows:1. Shippers who submit their shipping instructions in paper format will be required to submit their shipping instructions to Carrier no later than seventy-two (72) hours prior to vessel arrival at the foreign port of load. This applies to all U.S. destined cargo as well as cargo intended to be transshipped at a U.S. port and cargo that will remain on the vessel for carriage to a non-U.S. port.
  3. C. CERTAIN NON-VESSEL OPERATING COMMON CARRIERS.Non-vessel operating common carriers (‘NVOCCs’) that are licensed by or registered with the FMC and that have obtained Customs bonds may submit the required inbound cargo declaration data directly to the U.S. Customs Service in accordance with Customs Service regulations and guidelines. For purposes of this provision, an NVOCC is registered with the FMC if it has been issued an Organization Number by the FMC, has published a valid and effective rules tariff, and has posted the required financial security with the FMC.1. Certification. Any NVOCC that submits cargo declaration information directly to the Customs Service shall, unless notified by the Carrier pursuant to subparagraph C(1) above that it is not required to do so, in lieu of the information required to be submitted pursuant to paragraph A of this rule, provide the Carrier, not later than the deadline for shipper submission of cargo information under paragraph B of this rule, with a written certification stating that the required inbound cargo declaration data for its cargo has been transmitted to the U.S. Customs Service in a timely and accurate manner. Such certification shall describe the cargo tendered with sufficient specificity (including container number) that Carrier may readily identify such cargo.2. NVOCC Co-Loading. For purposes of this paragraph, the term ‘Master NVOCC’ shall mean the NVOCC that is the customer of the Carrier and tenders co-loaded cargo to the Carrier in its name. In the event the Master NVOCC submits cargo declaration data for co-loaded cargo directly to the Customs Service, it shall do so for all NVOCCs with which it co-loads. In the event the Master NVOCC does not submit cargo declaration data for co-loaded cargo directly to the Customs Service but NVOCCs with which it co-loads transmit cargo declaration data for their cargoes directly to the Customs Service, it shall be the obligation of the Master NVOCC to provide Carrier with the certification described in subparagraph C(1) with respect to all co-loaded cargo tendered to Carrier by the Master NVOCC.3. All NVOCCs shall be subject to Paragraphs D and E of this rule.
  4. D. FAILURE TO PROVIDE INFORMATION; DENIAL OF PERMISSION TO LOAD CARGO.1. In the event Carrier fails to provide the required inbound cargo declaration data to the U.S. Customs Service for all cargo to be loaded on its vessel within the time period required by Customs Service regulations it may, among other things, be assessed a civil penalty, denied permission to unload the cargo for which information was not timely provided, and/or denied permission to unload any cargo from the vessel on which the cargo is moving. Accordingly, Carrier may refuse to load any cargo tendered to it for which it has not received either (i) the data required by paragraph A of this rule by the deadline specified pursuant to paragraph B; or (ii) the certification required by paragraph C of this rule by the deadline specified therein.2. Any and all costs incurred by Carrier with respect to cargo in its possession which is not loaded due to the non-provision of information or certification, or which is not loaded pursuant to the instructions of the U.S. Customs Service (regardless of whether or not the required data or certification has been provided for such cargo), including but not limited to inspection, storage and/or re-delivery costs, shall be for the account of the cargo. 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 reasonable attorneys’ fees and expenses) incurred in connection with such legal action.
  5. E. INDEMNIFICATION OF CARRIER.If Carrier is assessed a civil penalty or fine or is denied permission to unload cargo, because of the failure of any and all shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s) to provide the information required by this rule and/or by the regulations or guidelines of the U.S. Customs Service in a complete and accurate manner, then such shippers, consignees, cargo owners, NVOCCs, shippers’ associations and their agent(s)shall be jointly and severally liable to indemnify and reimburse Carrier for any such penalty or fine and any and all costs, damages or liability, direct, indirect, special or consequential, incurred by the Carrier as a result of the denial of permission to unload cargo or any delays related thereto. 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.
  6. F. CONFIDENTIALITY.Carrier acknowledges that the information required by the Customs Service may constitute confidential information that is not generally available to the public. Carrier, in accordance with the requirements of Section 10(b)(13) of the Shipping Act of 1984, as amended, will keep confidential, to the extent permitted by law, all Shipper bill of lading information, including information related to underlying shippers and commodities in respect of containers of less than container load cargo containing shipments by more than one Shipper.
  7. G. DOCUMENTATION CHARGES.See Rule Nos. 2-150 for charges to apply.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-180: U.S. CUSTOMS RELATED CHARGES
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Shippers must comply with all customs and consular regulations. Any fine or penalty imposed by government authorities for failure to comply with customs or consular regulations shall be at the expense of shipment, or merchant. Goods which are not cleared through customs for any reason may be cleared by Carrier at the expense of the shipment or merchant and may be warehoused at the risk and expense of the shipment or merchant or may be turned over to the Customs authorities without any further responsibility on the part of the Carrier.

NRAs are not inclusive of U.S. Customs related charges, such as, but not limited to, Customs clearance assessments, USDA/FDA/US customs examination, X-ray, insurance, storage, forwarding charges, drayage, demurrage, bonded warehousing, formal customs entry, if required, or tax and duties. Any such accrued U.S. Customs related charges shall be at the expense of the shipment, cargo or merchant.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-190: FDA PRIOR NOTICE
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023
  1. A. Prior Notice and Registration Requirements:Pursuant to regulations effective December 12, 2003 (see 21 C.F.R. Parts 1 and 20), the FDA must be provided with notice of food that is imported or offered for import into the United States (i.e., the continental U.S., Alaska, Hawaii and Puerto Rico) by water at least eight (8) hours prior to vessel arrival.. The term “food” means: (i) articles used for food or drink for man or other animals; (ii) chewing gum; and (iii) and articles used for components of food or chewing gum (see 21 U.S.C. Sec. 321(f). However, the term does not include meat products, poultry products, and eggs products that are subject to the exclusive jurisdiction of the U.S. Department of Agriculture. In addition to prior notice of food shipments, the new FDA regulations require that U.S. and foreign facilities which are engaged in the manufacturing, processing, packing, or holding of food for consumption in the United States (“subject facilities”) register with the FDA.
  2. B. Responsibility for Prior Notice and Registration:It shall be the responsibility of the shipper and/or consignee named in Carrier’s bill of lading (hereinafter collectively referred to as the “Cargo Interests”), to ensure that prior notice of any shipment of food (as that term is defined in Paragraph A) imported or offered for import into the U.S. is provided to the FDA in accordance with applicable regulations and that any subject facility (other than a subject facility of Carrier) which has manufactured, processed, packed or held such food shipment has registered with the FDA in accordance with applicable regulations.
  3. C. Evidence of Compliance:With respect to any food shipment for which a prior notice confirmation number (“PN Number”) is required to be provided to the Bureau of Customs and Border Protection (“CBP”), FDA, or any other government agency upon arrival, it shall be the responsibility of Cargo Interests to ensure that such PN Number has been provided to the required agencies and other persons prior to vessel arrival. In addition, Cargo Interests shall be required to provide Carrier with the PN Number immediately upon written request of Carrier.
  4. D. Failure to Comply:1. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide adequate prior notice or the failure of a subject facility to register with the FDA, it is expected that notice of refusal will be provided to Carrier by the FDA and/or CBP. Carrier will use best efforts to promptly transmit the notice received from the authorities to the Cargo Interests, who shall be responsible for transmitting such notice to any other persons with an interest in the cargo. Carrier shall not be liable for any delay in the transmission of, or failure to transmit, such notice or any consequences thereof.2. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide adequate prior notice or the failure of a subject facility (other than a subject facility of Carrier) to register with the FDA, or if it is determined that cargo which should have been refused entry has been permitted to enter the United States, then the Cargo Interests 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 and all costs, expenses, liabilities, damages, or losses incurred by the Carrier as a result of such non-compliance including, but not limited to, costs of complying with orders and directions of FDA and/or CBP, costs for handling and storing cargo, demurrage, subsequent transport of the cargo by any mode of transportation, and fines and penalties. 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.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-200: Cargo Roll-Over Fee
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier will require complete and accurate shipping instructions by the “Document Due By Date” mentioned on the NRA, Booking Confirmation / Rate Confirmation document. If not received by the “Document Due By date”, cargo will be rolled/postponed to the next available vessel and all costs associated with the postponement (handling, storage, demurrage, etc.) will be billed to the Shippers/Owners Account.

A Cargo Roll-Over Fee of $200.00 shall be charged.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-210: Free Time Detention / Demurrage / Storage
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Goods received at break-bulk terminal, CFS or CY are subject to free time and detention, demurrage, or storage provisions of the appropriate port terminal tariff or ocean common carrier tariff. In the absence of such tariff, the free time and charges contained in the closest public port terminal tariff will apply. Should there be no port terminal tariff or public port terminal tariff to apply, the free time allowed shall be as follows:

Export: Per diem, free time for export is 5 working days from pick up of equipment, thereafter USD 150.00 per day

Import: Demurrage, free time shall be 5 working days from availability of equipment at the port, thereafter USD 150.00 per day.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 2-220: Free Time Detention / Demurrage / Storage
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A. Since Carrier is not assessing its own Demurrage and Detention charges but shows as Consignee on the Ocean common carrier’s Master bill of lading,
Carrier shall timely pass-through without mark up, the ocean common carrier’s terminal invoices to the consignee on its house bill of lading. The
Commission in a Charge Complaint at 46 U.S.C. §41310 may find the Carrier not liable, and the Ocean carrier could be found liable for refunds or
penalties.
B. In the event that demurrage/detention invoices do not include the 13 data elements that are referenced in 46 U.S.C. §41104(d) or otherwise may appear
to be inaccurate from the vessel operators/terminals, Carrier may opt to return non-compliant invoices to the vessel operator/terminal with the opportunity
to make any necessary adjustments to have invoices become compliant with the Regulations. Carrier may at its option pass through these invoices to
shipper for their information only and with notice that these, even though may be challenged might still be due by Shipper depending on whether the
FMC rules these are compliant or not compliant with the FMC regulations, or in the case where the ocean common carrier and/or its terminal refuse to
release the containers without full payment of the claimed amounts.
C. Should a vessel operator/terminal fail to make necessary corrections to non-compliant invoices within a reasonable timeframe, Carrier may at its
option initiate a formal Charge Complaint with the Federal Maritime Commission to advise them of any suspected non-compliances for their
investigation.
D. Carrier, at its sole discretion, in order to have cargo released so as to not accrue demurrage for itself and its shipper, may make payment for containers
to be released but will retain its rights to seek refunds from the vessel operator/terminal. Carrier reserves its possessory lien rights to be paid these
amounts before releasing these cargos in subject containers to shipper. In this event, Carrier may opt, at its sole discretion, to seek refunds from the vessel
operator/terminal, which refunds will be returned to shipper to the extent that Shipper has paid those sums to Carrier. Carrier also hereby assigns its rights
to the importer or record or other party with a beneficial interest in the containers for purposes of pursuing this matter directly with the ocean common
carrier and/or its terminal operator.
E. Carrier shall charge an administrative fee of $100.00 on a per invoice per container basis for receiving, reviewing, and responding to demurrage,
storage, and detention charges which it passes on to its shippers from ocean common carriers, terminals, and/or railroads. Additionally, if Carrier opts to
advance payments of demurrage and/or detention on behalf of Merchant, Carrier shall also have to right to charge Merchant 5% on the fees advanced if
not paid immediately within 14 days of receipt of the invoice.
F. Carrier shall only be responsible for demurrage and/or detention when it is directly and solely liable for the assessment of those charges. Demurrage
and detention resulting from conditions not under the control of Carrier shall not be considered as the liability of Carrier. Equipment and driver scarcities
are considered not under the control of the Carrier.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 3: Rate Applicability Rule
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

The rules and charges applicable to a given shipment must be those in an NRA and in effect when the cargo is received by the ocean carrier or its agent (including originating carriers in the case of NRAs for through transportation). A shipment shall not be considered as “received” until the full bill of lading quantity has been received.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 4: Heavy Lift
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 5: Extra Length
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 6: Minimum Bill of Lading Charges
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

The minimum charge per Bill of Lading, unless otherwise provided, shall be the charge for one ton of the commodity being shipped, exclusive of all surcharges.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 7: Payment of Freight Charges
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023
  1. A. CURRENCYRules and charges are quoted in U.S. Currency and have been determined with due consideration to the relationship of U.S. currency to other currencies involved. In the event of any material change in this relationship, carrier reserves the right, upon publications in conformity with the provisions of the U.S. Shipping Act of 1984, as amended, to adjust the NRA’s and charges as required.
  2. B. PAYMENT IN U.S. DOLLARSExcept as otherwise provided, freight and charges shall be prepaid in the United States in US currency.
  3. C. METHODS OF PAYMENTPayment for freight or charges due the carrier must be payable in legal tender or, at carrier’s option, by check or bank draft acceptable by carrier’s bank for immediate credit without charges.
  4. D. PREPAID FREIGHT1. When freight monies and charges are prepaid, such payment shall be made not later than the time of release of any original Ocean Bill of Lading by the carrier to the shipper or his duly authorized licensed Freight Forwarder or Agent acting in his behalf.2. When freight and charges are billed prepaid they shall be paid in U.S. dollars.
  5. E. FREIGHT COLLECTAll freight and charges which are billed on a freight collect basis must be paid in full in U.S. Dollars, or in a currency acceptable to the carrier provided such currency shall be unblocked, freely convertible and freely remittable free of tax into U.S. Dollars, for the complete originally issued Bill of Lading quantity prior to release of cargo or any portion thereof.
  6. F. CURRENCY CONVERTABILITY:1. Conversion Provisions:
    In addition to the United States Dollars, freight monies and charges may be billed and paid in foreign currencies, provided they are freely convertible and remittable and free of tax.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 8: Bill(s) of Lading
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier’s bill of lading includes the following clauses on its front side:

RECEIVED by the Carrier the Goods as specified above in apparent good order and condition unless otherwise stated, to be transport to such place as agreed, authorized or permitted herein and subject to all the terms and conditions appearing on the front and reverse of this Bill of Lading to which the Merchant agrees by accepting this Bill of Lading, and local privileges and customers notwithstanding. The particulars given above as stated by the shipper and the weight, measure, quantity, condition, contents and value of the Goods are unknown to the Carrier.

IN WITNESS whereof three (3) original Bills of Lading have been signed if not otherwise stated above, the same being accomplished the other(s), if any, to be void. If required by the Carrier one (1) original Bill of Lading must be surrendered duly endorsed in exchange for the Goods of delivery order.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 9: Freight Forwarder Compensation
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier shall pay compensation as specified below on the applicable ocean freight charges to base ports, on cargo loaded, including heavy lift and extra length revenue, but excluding all other charges, except as provided below, subject to the following conditions and exceptions.

A. Compensation to be paid only to Freight Forwarders who are licensed or otherwise authorized by the Federal Maritime Commission.

B. Compensation shall be paid only if the freight forwarder has performed, in addition to the solicitation and securing of the cargo for the ship or the booking of, or otherwise arranging for space for such cargo, two or more of the following services:

1) The coordination of the movement of the cargo to shipside

2) The preparation and processing of the ocean Bill of Lading

3) The preparation and processing of dock receipts or delivery orders

4) The preparation and processing of consular documents or export declarations

5) The payment of the ocean freight charges on the cargo

C. Compensation shall be paid upon presentation of a duly certified invoice and may not be deducted from ocean freight and other charges due in accordance with rates and conditions in this Tariff.

D. Bills for compensation will not be honored unless presented to carrier within sixty days of the date of clearance of vessel.

E. Compensation will not be paid on through Bill of Lading cargo originating at port of loading beyond the application of this tariff.

F. No compensation shall be paid to anyone at port or ports of destination.

G. Freight Forwarders who are also Licensed Custom House Brokers shall be paid compensation as specified below based on the aggregate of all NRA’s and charges applicable under this tariff, subject to the above conditions and exceptions.

H. Freight Forwarder Compensation: as specified in the individual NRA’s).

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 10: Surcharges and Arbitraries
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

NRA’s may contain additional charges that are unique to the movement(s) covered, and are not specifically listed in this Rules Tariff. This will include, but not limited to, charges for additional handling, terminal handling, demurrage, and storage, non-NVOCC services, such as but not limited to ISF filing or customs clearance. All surcharges are identified in each individual NRA and shall apply to the account of the cargo.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 10-A: Surcharges and Arbitraries
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Ocean carriers whose vessels will be traveling through designated Emission Control Areas (ECA), which may also be designated as
China’s Emission Control Areas, or by other designations, will be required to use fuel with sulfur content of 0.1% or less, a substantial
decrease from the 1.0% concentration fuel currently used in maritime shipping. These areas include the Baltic Sea, English Channel,
North Sea, and 200 nautical miles off the U.S. and Canadian coasts, and all cargoes originating from Europe destined to all ports in
China, including Hong Kong, and Taiwan (including inland destinations). The surcharge may be termed differently by ocean carriers
but the main ingredient in common is that the surcharges are related to the increased price of bunker fuels surcharges. Carrier will be
passing these charges to shippers pursuant to this Rule, and if a Negotiated Rate Arrangement has been utilized, these surcharges shall
be passed on to shippers pursuant to 46 C.F.R. §532.5 (d) (2)(ii).

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 11: Minimum Quantity Rates
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 12: Ad Valorem Rates
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A. The liability of the Carrier as to the value of shipments shall be determined in accordance with the clauses of the Carrier’s regular Bill of Lading form attached in rule 8.

B. If the Shipper desires to be covered for a valuation in excess of that allowed by the Carrier’s regular Bill of Lading form, the Shipper must so stipulate in Carrier’s Bill of Lading covering such shipments and such additional liability only will be assumed by the Carrier at the request of the Shipper and upon payment of an additional charge based on the total declared valuation in addition to the stipulated NRAs applying to the commodities shipped as specified herein.

C. Where value is declared on any piece or package in excess of the Bill of Lading limit of value of $500.00 the Ad Valorem rate, specifically provided against the item, shall be three (3%) percent of the value declared in excess of the said Bill of Lading limit of value and is in addition to the base NRA.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 13: Transshipment
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 14: Co-Loading in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A. DEFINITION: For the purpose of this Rule “Co-Loading means the combining of cargo, in the import or export foreign commerce of the United States, by two or more NVOCC’s for tendering to the ocean carrier under the name of one or more of the NVOCCs.

B. Carrier engages in co-loading by tendering cargo and/or receiving cargo from other NVOCC’s.

C. When shipper’s cargo is tendered for co-loading to other NVOCCs the tendering NVOCC shall be liable to the shipper to the full extent provided in its Bill of Lading (See Rule No. 8) and such Bill of Lading liability shall not be altered by co-loading.

D. Shippers are responsible for payment of NRA’s and charges only to the extent that such NRAs and charges are provided in this tariff.

E. The carrier shall notify shippers that their cargo has been co-loaded by annotating each applicable Bill of Lading with the following statement: “Cargo covered by this Bill of Lading has been co-loaded with cargo of (Name(s) of other NVOCC’s).”

F. Carrier-to-Carrier Co-loading – Carrier engages in co-loading under agreement(s) with one or more other NVOCC’s.

G. Shipper-to-Carrier Co-loading – When carrier engages in co-loading on a shipper-to-carrier basis, carrier is responsible for the payment of all charges assessed by the NVOCC to which cargo was tendered. Shipper is responsible for freight and charges only to the extent that such are set forth in this tariff.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 15: Open Rates in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 16: Hazardous Cargo
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A) All commodities which the office of the Federal Register in their publication entitled “Code of Federal Regulations (46 CFR 146.01-1) – Transportation or Storage of Explosives or other Dangerous Articles or Substances, and Combustible Liquids on board Vessels” prescribed to be carried on cargo vessels on deck only, either in the open or under cover, shall be charged the Dangerous or Hazardous Cargo, NRA; except where a specific NRA is provided for in this tariff.

B) Shipments of inflammable and hazardous cargo referred to in this rule are subject to special booking and shall be delivered at destination in accordance with regulations promulgated by Port Authorities and at the risk and expense of the consignee and/or owners of the goods.

C) The transportation of explosives, will be governed by the United States Code of Federal Regulations, i.e. CFR Titles 49, Shipping Parts 100-199 as revised or superseding regulations, and to the extent applicable, the International Maritime Dangerous Goods Code (IMCO) published by the Inter-Governmental Maritime Consultative Organization 101-103 Piccadilly, London, WIV, OAE, England as listed below:

1 – Explosives

2 – Gasses; Compressed, liquefied or dissolved under pressure

3 – Inflammable Liquids

4 – Inflammable Solids

5 – Oxidizing Substances and organic peroxide

6 – Poison and infectious substance

7 – Radioactive substance

8 – Corrosives

9 – 10 – Agent Thomas A. Phemister, Water Carrier Tariff No. 32 ICC No. 32, FMC 27 (Dangerous Articles Tariff)

11 – Agent Thomas A. Phemister’s Bureau of Explosives Tariff No. B.O.E. – 600, ICC No. B.O.E. – 600, FMC F No. 2B

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 16-A: Hazardous Cargo
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Ocean carriers are imposing substantial penalties regarding the following acts with respect to the transportation of hazardous cargo
commencing after full container gate-in at origin until delivered to the consignee at destination:

i) Mis-declaring hazardous cargo for any reason,
ii) Not declaring hazardous cargo,
iii) Booking and declaring a commodity is “Non-Hazardous cargo” while commodity
identified is ‘Hazardous cargo’,
iv) Booking and declaring commodity is Hazardous cargo with incorrect IMO Class or UN No.,
v) Informing ocean carrier to amend cargo property, from dry cargo to hazardous cargo,
vi) Informing ocean carrier to modify or add IMO/UN No.,
vii) Identification from the Maritime Safety Administration of China, or any other governmental department
authority to confirm the mis-declaration,
viii) Amendment of commodity character or IMO/UN No. on booking information,
shipping instructions and bills of lading; and
ix) Untimely, incorrect, and incomplete commodity and cargo property declarations made to Carrier or any other
acts, statements, omissions by shipper upon which Carrier relied which results in any penalty to Carrier by ocean carriers
for the matters identified directly or impliedly in this Rule are shipper’s liability.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 17: Green Salted Hides in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 18: Returned Cargo in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 19: Shippers Requests in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Shipper request or complaints (including request for adjustment in NRA’s, tariff interpretation), must be made in writing and addressed to the carrier as shown on the Title Page and/or Tariff Record.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 20: Overcharge Claims
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A. Bill of Lading Commodity Description

Description of commodities on all Bills of Lading (which shall be verified by a comparison with the description of the corresponding customs declaration) shall determine the NRA to be applied. The Bill of Lading description shall be subject to correction in the event of mis-declaration of commodity.

B. Overcharges

For purpose of uniformity in handling claims for excess measurements, refunds will only be made as follows:

1. Where an error has been made by the dock in calculation of measurements.

2. Against re-measurement at port of loading prior to vessel’s departure.

3. Against re-measurement by vessel’s agent at destination.

4. By joint re-measurement of vessel’s agent and consignee.

5. By re-measurement of a marine surveyor when requested by vessel’s agent.6. Re-measurement fees and cable expenses in all cases to be paid by party at fault.

In cases of claims by shipper of overcharge in weight certified invoice or weighers certificate to be considered evidence of proper weight. Written claims for adjustment will be acknowledged by the carrier within twenty days of receipt by written notice to the claimant of the tariff provisions actually applied and the claimant’s rights under the Shipping Act of 1984.

Claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime Commission, Washington, D.C, 20573, within three years of the date of cause of action occurs.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 21: Use of Carrier Equipment
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier does not own or lease equipment. When equipment is provided to shippers and/or consignees by Vessel Operating Common Carriers (VOCCs) the VOCC, either directly or via the carrier, provisions as published by the VOCC in its FMC tariff will be for the account of the cargo.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 22: Automobile Rates in Domestic Offshore Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 23: Carrier Terminal Rules and Charges
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Carrier does not operate terminals at origin or destination. Except as otherwise provided in each individual NRA, all shipments will be subject to the origin and destination terminal and local charges assessed by the underlying ocean carrier, including demurrage charges, whose vessel will be clearly identified on bills of lading. All charges assessed shall be for the account of the cargo.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 23-01: Destination Terminal Handling Charges
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

In destination countries where DTHC are required to be prepaid Carrier shall require the same prior to shipment.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 24: NVOCCs in Foreign Commerce: Bonds and Agents
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

A. Bonding of NVOCC

1. Carrier has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 521 to ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from its transportation related activities or order for reparations issued pursuant to Section 11 of the Shipping Act, 1984 or penalty assessed pursuant to Section 13 of the Act.

2. Bond No. 8822289

3. Issued By: Lexon Insurance Company

256 Jackson Meadows Drive

Hermitage, TN 37076

B. Agent for Service

1. Carrier’s legal agent for the service of judicial and administrative process, including subpoenas is not applicable, Carrier domiciled in the U.S. (See Title Page and/or Tariff Record).

2. In any instance in which the Carrier cannot be served because of death, disability or unavailability, the Secretary of the Federal Maritime Commission will be deemed to be the Carrier’s legal agent for service of process.

3. Service of administrative process, other hand subpoenas, may be effected upon the Carrier by mailing a copy of the documents to be served by certified or registered mail, return receipt requested.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 25: Certification of Shipper Status in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

If the shipper or a member of a shipper’s association tendering cargo to the Carrier is identified as an NVOCC, the carrier shall obtain documentation that the NVOCC has a tariff and a bond on file with the US Federal Maritime Commission as required by Sections 8 and 19 of the Shipping Acts of 1984 and 1998 before the Carrier accepts or transports cargo for the account of the NVOCC.

A copy of the tariff rule published by the NVOCC and in effect under 46 CFR Part 520 and 532 will be accepted by the Carrier as documenting the NVOCC’s compliance with the FMC tariff and bonding requirements of the Acts.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC.- FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 26:
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

RESERVED FOR FUTURE USE

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 27: Loyalty Contracts in Foreign Commerce
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

Not Applicable.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 28: Definitions
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

CARRIER – Means publishing carrier and/or inland U.S. Carriers.

CONSIGNOR, CONSIGNEE OR SHIPPER – Include the authorized representatives or agents of such “consignor,” “consignee,” or “shipper.”

CONTAINER FREIGHT STATION (CFS) – (Service Code S)

a) At Origin – The location designated by the carrier where the carrier will receive cargo to be packed into containers by the carrier, or his agent.

b) At Destination – The location designated by the carrier for the delivery of containerized cargo to be unpacked from said containers.

CONTAINER LOAD – (CL) – Means all cargo tendered to carrier in shipper-loaded containers.

CONTAINER YARD – The term “Container Yard” (CY) (Service Code Y), means the location where carrier receives or delivers cargo in containers.

CONTROLLED TEMPERATURE – Means the maintenance of a specific temperature or range of temperatures in carrier’s trailers.

DRY CARGO – Means cargo other than that requiring temperature control.

IN PACKAGES – Shall include any shipping form other than “in bulk,” “loose,” “in glass or earthenware, not further packed in other containers” or “skids”

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.

KNOCKED DOWN FLAT (KDF) – Means that an article must be taken apart, folded or telescoped in such a manner as to reduce its bulk at least 66 2/3 percent from its normal shipping cubage when set up or assembled.

LESS THAN CONTAINER LOAD (LTL) – Means all cargo tendered to carrier not in shipper-loaded/stuffed containers.

LOADING OR UNLOADING – Means the physical placing of cargo into or the physical removal of, cargo from containers.

MOTOR CARRIER – Means U.S. Motor Carrier or Motor Carriers.

NEGOTIATED RATE ARRANGEMENT (NRA) – Means the written and binding arrangement between an NRA shipper and eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination on and after receipt of the cargo by the Carrier or its agent (originating carrier in the case of through Transportation).

NESTED – Means that three or more different sizes of the article or commodity must be enclosed each smaller piece within the next larger piece or three or more of the articles must be placed one within the other so that each upper article will not project above the lower article more than one third of its height.

NESTED SOLID – Means that three or more of the articles must be placed one within or upon the other so that the outer side surfaces of the one above will be in contact with the inner side surfaces of the one below and each upper article will not project above the next lower article more than one-half inch.

NVOCC SERVICE ARRANGEMENT (NSA) – Means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA 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.

ONE COMMODITY – Means any or all of the articles described in any one-NRA.

PACKING – Covers the actual placing of cargo into the container as well as the proper stowage and securing thereof within the container.

PUBLISHING CARRIER – Means W. F. Whelan Co. a Non-Vessel Operating Common Carrier (NVOCC) registered by the U.S. Federal Maritime Commission under FMC Organization No. 011140, License No. 002033NF.

SHIPMENT – Means a quantity of goods, tendered by one consignor on one bill of lading at one origin at one time in one or more containers for one consignee at one destination.

STUFFINGUN-STUFFING – Means the physical placing of cargo into or the physical removal of cargo from carrier’s containers.

UNPACKING – Covers the removal of the cargo from the container as well as the removal of all securing material not constituting a part of the container.

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC TARIFF NO. 001 – Between (US and World)
Amendment No.:
Rule 29: ABBREVIATIONS, CODES AND SYMBOLS
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

EXPLANATION OF ABBREVIATIONS

  1. AIncrease
  2. Ad ValAd Valorem
  3. AIAll Inclusive
  4. BFBoard Foot or Board Feet
  5. B/LBill of Lading
  6. BAFBunker Adjustment Factor
  7. BMBoard Measurement
  8. CChange in tariff Item
  9. CAFCurrency Adjustment Factor
  10. CBM, CM or M3Cubic Meter
  11. CCCubic Centimeter
  12. CFSContainer Freight Station
  13. CFTCubic Foot or Cubic Feet
  14. CLDChilled
  15. CMCentimeter
  16. CUCubic
  17. CWTCubic Weight
  18. CYContainer Yard
  19. DDoor
  20. DDCDestination Delivery Charge
  21. EExpiration
  22. EtcEt Cetera
  23. FAKFreight All Kinds
  24. FASFree Alongside Ship
  25. FBFlat Bed
  26. FCLFull Container Load
  27. FEUForty Foot Equivalent Unit
  28. FIFree In
  29. FIOFree In and Out
  30. FIOSFree In, Out and Stowed
  31. FOFree Out
  32. FOBFree On Board
  33. FMCFederal Maritime Commission
  34. FRFlat Rack
  35. FtFeet or Foot
  36. GOHGarment on Hanger
  37. HHouse
  38. HAZHazardous
  39. INew or Initial Tariff Matter
  40. K/DKnocked Down
  41. KDFKnocked Down Flat
  42. KilosKilograms
  43. K/TKilo Ton
  44. LCL or LTLLess than Container Load
  45. LSLumpsum
  46. L/TLong Ton (2240 Lbs)
  47. MMeasure
  48. MaxMaximum
  49. MBF or MBM1,000 Feet Board Measure
  50. MinMinimum
  51. MMMillimeter
  52. N/ANot Applicable
  53. NRANegotiated Rate Arrangements
  54. NHZNon-Hazardous
  55. NOSNot otherwise specified
  56. OTOpen Top
  57. PPier
  58. PkgPackage or Packages
  59. PRCPeople’s Republic of China
  60. PRVIPuerto Rico and U.S. Virgin Islands
  61. RReduction
  62. REReefer / Refrigerated
  63. R/TRevenue Ton
  64. RYRail Yard
  65. SL&CShipper’s Load and Count
  66. Sq. FtSquare Foot or Square Feet
  67. S/TShort Ton (2000 lbs.)
  68. SU or S/USet Up
  69. TEUTwenty Foot Equivalent Unit
  70. THCTerminal Handling Charge
  71. TRCTerminal Receiving Charge
  72. USAUnited States of America
  73. USDUnited States Dollars
  74. VENVentilated
  75. VIZNamely
  76. VOLVolume
  77. WWeight
  78. W/MWeight/Measure

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Tariff rule information

032777-001: ALL-WAYS FORWARDING OF N.Y. INC. – FMC Tariff No. 1
Amendment No.:
Rule 30: Access to Tariff Information
Effective: 17JUL2023,
Thru: NONE,
Expires: NONE,
Publish: 17JUL2023

This tariff is published on the Internet web site of ALL-WAYS FORWARDING OF N.Y. INC. at: www.shipawf.com

Interested parties should contact Sol Green by email at [email protected] concerning access to Carrier’s tariff. Please refer to the tariff profile or title page for additional contact information.

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ALL-WAYS FORWARDING OF N.Y. INC.. ORIGINAL TITLE PAGE EFFECTIVE DATE: AUG 15 2011
PUBLISHED DATE:  AUG 15 2011

TITLE PAGE
TARIFF NO. 004 – GOVERNING RULES TARIFF
TRANSPORTATION SECURITY ADMINISTRATION
INDIRECT AIR CARRIER NO.: NE0402010

ALL-WAYS FORWARDING OF N.Y. INC. IS AN INDIRECT AIR CARRIER (IAC) IN GOOD STANDING CERTIFIED BY THE TRANSPORTATION SECURITY ADMINISTRATION.

An Indirect Air Carrier (IAC) refers to any person or entity within the United States, not in possession of a Federal Aviation Administration air carrier operating certificate, which undertakes to engage indirectly in air transportation of property and uses for all or any part of such transportation the services of an air carrier. ALL-WAYS FORWARDING OF N.Y. INC. as an IAC must adopt and carry out a security program that meets current TSA requirements.
See attached Transportation Security Administration Indirect Air Carrier Approval, IAC #: NE0402010 effective until February, 24, 2024, which will be renewed annually.
See attached ALL-WAYS FORWARDING OF N.Y. INC. IAC bill of lading Terms & Conditions.
While ALL-WAYS FORWARDING OF N.Y. INC. does not own or operate its own aircraft, as an IAC provider, ALL-WAYS FORWARDING OF N.Y. INC. has access to many convenient options for shipping air freight. Our team follows strict TSA requirements for loading cargo onto commercial planes and we work with major airlines and airports to ensure the prompt and safe delivery of our clients’ shipments.

PUBLISHED BY:
ALL-WAYS FORWARDING OF N.Y. INC.
161-15 Rockaway Blvd, Suite 300
Jamaica, NY 11434

PUBLISHING OFFICER: SOL GREEN
EMAIL: [email protected]
TEL: 718-656-1200
FAX: 718-656-0100

TARIFF DETAILS
Tariff Number: 004
TARIFF TITLE: TSA-IAC GOVERNING RULES TARIFF
EFFECTIVE: 20MAY2022
THRU: None
EXPIRES: None
PUBLISH: 10MAY2022
AMENDMENT TYPE: O
ORIGINAL ISSUE: 10MAY2022
WEIGHT RATING: 1,000KGS
VOLUME RATING: 1CBM
TARIFF TYPE: GOVERNING RULES TARIFF
CERTIFICATION: ALL INFORMATION CONTAINED IN THIS TARIFF IS TRUE, ACCURATE AND NO UNLAWFUL ALTERATIONS ARE PERMITTED.
ORGANIZATION INFORMATION
IAC NUMBER: NE0402010
NAME: ALL-WAYS FORWARDING OF N.Y. INC.
TRADE NAME:
TYPE:INDIRECT AIR CARRIER
HDQ. COUNTRY: USA
PHONE: 908-353-4000
FAX: 908-355-3426
EMAIL ADDRESS: SOL GREEN: [email protected]

NE0402010 ALL-WAYS FORWARDING OF N.Y. INC.
IAC GOVERNING RULES TARIFF NO. 004 – Between (US and World)
AMENDMENT NO. O Table of Contents
Effective: 20MAY2022 Thru: NONE Expires: NONE Publish: 20MAY2022
THIS TARIFF CONTAINS THE FOLLOWING:
1. ALL-WAYS FORWARDING OF N.Y. INC.’S INDIRECT AIR CARRIER CERTIFICATE OF APPROVAL 2. ALL-L-WAYS FORWARDING INT’L INC.’S INDIRECT AIR CARRIER CERTIFICATE OF APPROVAL
Rule 1 – 30 Reserved for Future Use

NE0402010 ALL-WAYS FORWARDING OF N.Y. INC.
IAC GOVERNING RULES TARIFF NO. 004 – Between (US and World)
AMENDMENT NO. O
Rule 1-30: Reserved For Future Use
Effective: 20MAY2022 Thru: NONE Expires: NONE Publish: 10MAY2022 Rules 1 thru-30 are Reserved for Future Use.
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IndirectAir CarrierApproval
The U.S. Department of Homeland Security, Transportation Security Administration approves: ALL-WAYS FORWARDING OF N.Y. INC.
IAC #: NE0402010
161-15 Rockaway Blvd, Suite 300
Jamaica, NY 11434
to operate under the terms and conditions of TSA’s standard security program for Indirect Air Carriers. The above-named Indirect Air Carrier (IAC) has certified that it understands the requirements ofthe program, has instructed its employees and agents on their security responsibilities under this program, and is otherwise in compliance with all of the terms and conditions of the security program including all emergency amendments. The above-named IAC also understands that it is responsible for program compliance by its employees, contractors, agents and any other person that it allows to operate under its approval number.
Under this Approval, this entity is authorized to operate under the TSA approved standard security program from the date that the approval was issued on: February 2, 2022 until the date of its expiration on: April 26, 2023.
Approval Authorized by:
Edward Vetere
TSA Approval Official
THIS AGREEMENT IS FOR INTERNATIONAL AIR TRANSPORTATION ONLY NOTICE CONCERNING ALL-WAYS FORWARDING OF N.Y. INC. LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention, as defined below, may be applicable to the liability of ALL-WAYS FORWARDING OF N.Y. INC., and its subsidiaries and affiliates (hereinafter “All-Ways”) in respect of loss, damage, or delay to cargo. All-Ways’ limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared in advance by the Shipper and a supplementary charge paid if required.
CONDITIONS OF CONTRACT
1. As used in this contract:
1.1 “Carrier” means all carriers that carry or undertake to carry the cargo hereunder or perform any other services incidental to such air carriage.
1.2 “Warsaw Convention” means, (a) the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929, or (b) that Convention as amended at The Hague, 28 September 1955, or (c) that Convention as amended at The Hague 28 September 1955 and by Montreal Protocol No. 1, 2, or 4 (1975), whichever may be applicable.
1.3 “Montreal Convention” means the Convention for Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999.
1.4 “Special Drawing Right” is a Special Drawing Right as defined by the International Monetary Fund and may fluctuate in value.
2. 2.1 Carriage hereunder is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Convention.
2.2 To the extent not in conflict with the foregoing, carriage hereunder and other services performed by All-Ways and carriers are subject to:
2.2.1 Applicable laws (including national laws implementing the applicable
Convention), government regulations, orders and requirements;
2.2.2 Provisions herein set forth; and
2.2.3 Applicable tariffs, rules, conditions of carriage, regulations and timetables (but not the times of departure and arrival therein) of All-Ways; which are made part hereof and which may be inspected at any of its offices and at airports from which it operates
regular services. In transportation between a place in the United States or Canada and any place outside thereof the applicable tariffs are the tariffs in force in those countries.
3. The first carrier’s name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such carrier’s tariffs, conditions of carriage, regulations and timetables. The first carrier’s address is the airport of departure shown on the face hereof. The agreed stopping places (which may be altered by All-Ways or any carrier in case of necessity) are those places, except the place of departure and the place of destination, set forth on the face hereof or shown in carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation.
4. Except as otherwise provided in All-Ways’ tariffs or conditions of carriage, in carriage to which the Montreal Convention does not apply All-Ways’ liability limitations for cargo lost, damaged or delayed shall be 22 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage or a higher value is declared by the Shipper and a supplementary charge paid.
5. If the sum entered on the face of the air waybill as “Declared Value for Carriage” represents an amount in excess of the applicable limits of liability referred to in the above Notice and in these Conditions and if the Shipper has paid any supplementary charge that may be required by All Ways’ tariffs, conditions of carriage or regulations, this shall constitute a special declaration of value and in this case All-Ways’ limit of liability shall be the sum so declared. Payment of claims shall be subject to proof of actual damages suffered.
6. In any case of loss of, damage to, or delay to a shipment, the weight to be used in determining All Ways’ limit of liability shall be the weight that is used to determine the charge for carriage of such shipment. In any case of loss of, damage to, or delay to part of the cargo, the weight to be taken into account in determining All-Ways’ limit of liability shall be only the weight of the package or packages concerned.
7. Any exclusion or limitation of liability applicable to All-Ways shall apply to and be for the benefit of All-Ways’ agents, servants and representatives and any person whose aircraft or other form of conveyance is used by All-Ways for carriage and its agents, servants and representatives. For purposes of this provision All-Ways acts herein as agent for all such persons.
8. 8.1 All-Ways undertakes to complete the carriage hereunder with reasonable dispatch. All Ways may use alternate carriers or aircraft and may without notice and with due regard to the interests of the Shipper use other means of transportation. All-Ways is authorized by Shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.
8.2 If Shipper requests motor carrier service or if All-Ways decides that Shipper’s shipment should be transported by motor carriage rather than air for all or part of the transportation, All Ways shall arrange with authorized motor carrier(s) to perform such transportation, which shall be done either as exempt carriage as defined by 49 U.S.C. § 13506(a)(8), or, if not exempt, as “contract carriage” within the meaning of 49 U.S.C. § 13102(4)(B) on the same cargo liability limitations and terms as contained in these Conditions. Shipper expressly waives all rights and remedies it may have as to All-Ways and its subcontractor motor carriers under 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101 and 14103) to the full extent permitted by 49 U.S.C. § 14101(b)(1), each as amended from time to time.
9. Subject to the Conditions herein, All-Ways shall be liable for the cargo during the period it is in its charge or the charge of its agent.
10. 10.1 Except when All-Ways has extended credit to the consignee without the written consent of the Shipper, the Shipper guarantees payment of all charges for carriage due in accordance with All-Ways’ tariffs, conditions of carriage and related regulations, applicable laws (including national laws implementing the applicable Convention), government regulations, orders and requirements.
10.2 Shipper shall not offset claims against amounts owed to All-Ways on its invoices. 10.3 In the event any carrier, governmental agency, or other person makes a claim or institutes legal action against All-Ways for air, motor, or other cargo revenue, fees, commissions, duties, fines, penalties, direct or indirect losses, actual, consequential, or liquidated damages, restitution, disgorgement, or other moneys arising out of a shipment of cargo of Shipper, Shipper agrees to defend, indemnify, and hold harmless All-Ways for any amount All-Ways incurs, including reasonable attorneys’ fees and other expenses in defending against such claim or legal action and in obtaining reimbursement from Shipper. The confiscation or detention of the cargo by any governmental agency shall not diminish the obligation of Shipper to All-Ways to pay, promptly on demand, all amounts owed under this paragraph or other charges or money due. 10.4 These Conditions and any act or contract to which they apply shall be governed by the applicable Convention, the laws of the United States and of the State of Washington, without regard to the choice-of-law rules of Washington or any other State. SHIPPER AND ALL-WAYS AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING SEATTLE, WASHINGTON. SHIPPER AND ALL-WAYS HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS.
11. 11.1 Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage. The person entitled to delivery or the Shipper must make a complaint to All Ways in writing in the case:
11.1.1 Of damage to or partial loss of the cargo, immediately after discovery of the damage or shortage and at the latest within fourteen (14) days from receipt of the cargo;
11.1.2 Of delay, within twenty-one (21) days of the date the cargo are placed at the disposal of the person entitled to delivery; and
11.1.3 Of non-delivery of the cargo, within one hundred and twenty (120) days from the date of the issue of the air waybill, or if an air waybill has not been issued, within one hundred and twenty (120) days from the date of the receipt of the cargo for transportation by All-Ways.
11.2 For the purpose of 11.1, complaint in writing must be made to All-Ways regardless of the carrier whose air waybill was used, and regardless of those carriers that were the first carrier, the last carrier or the carrier who performed the transportation during which the loss, damage or delay took place. Unless a written complaint is made within the time limits specified in 11.1 no action may be brought against All-Ways.
11.3 Any rights to damages against All-Ways shall be extinguished unless an action is brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
11.4 In the event Shipper files an action against All-Ways, Shipper hereby consents to any All-Ways-instituted transfer of such action to any other venue in which All-Ways is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of Shipper’s action.
11.5 In no event shall All-Ways be liable for incidental, consequential, punitive, exemplary, or non-compensatory damages or for restitution or disgorgement.
12. The Shipper warrants it shall comply with all applicable laws and government regulations, including anti-corruption laws such as, but not limited to, the U.S. Foreign Corrupt Practices Act (“FCPA”), the U.S. Export Administration Regulations (“EAR”), the U.S. Anti-Boycott regulations, and the various U.S. economic sanctions programs administered by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). The Shipper warrants it shall also comply with all applicable laws and government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the security, packing, carriage, or delivery of the cargo. Pursuant to the foregoing, Shipper shall furnish such information and attach documents to this air waybill as may be necessary to comply with such laws and regulations. Shipper warrants that the cargo is properly marked, addressed, and packaged to withstand air transport and necessary ground transport. All-Ways is not liable to the Shipper for loss or expense due to the Shipper’s failure to comply with this agreement. Shipper shall indemnify and hold All-Ways harmless against any and all claims, losses, or damages arising from the conduct of Shipper or any of its officers, directors, employees, agents, owners, shareholders or other persons working for or with Shipper under this agreement that constitutes a violation of the representations and warranties contained herein.
13. No agent, servant, or representative of All-Ways has authority to alter, modify, or waive any provisions of this contract, including any of these Conditions. No waiver by All-Ways of, or failure by All-Ways to perform, any provision of this contract (including any of these Conditions) shall be deemed a waiver of any other provision (or Condition).
14. If All-Ways offers insurance and such insurance is requested, and if the appropriate premium is paid and the fact recorded on the face hereof, the cargo covered by this air waybill is insured under an open policy for the amount requested as set out on the face hereof (recovery being limited to the actual value of cargo lost or damaged provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of All-Ways by the interested party. Claims under such policy must be reported immediately to an office of All-Ways.
15. All-Ways shall have a continuing general lien upon all goods and documents in its possession, custody, or control or en route for all amounts owed to All-Ways, including all charges, expenses, duties, fines, penalties, or advances in connection with any shipment or other transaction involving Shipper. This lien supplements All-Ways’ other rights under any other agreements and/or applicable law and can be extinguished only by full and indefeasible payment of all secured amounts. If Shipper defaults in the payment of any such amounts, then All-Ways may sell such property by public auction or private sale. Any notice required to be given by All-Waysof a sale or other intended action with respect to any goods or documents, made by sending same to Shipper at least ten (10) days prior to any proposed action shall constitute fair, reasonable and adequate notice to Shipper. Shipper is liable for any deficiency from any sale.
16. All packages containing hazardous materials/dangerous goods shall be limited to the materials and quantities authorized for air transportation under the U.S. Department of Transportation hazardous materials transportation regulations (49 C.F.R. Parts 171, 172, and 173) and the current edition of the International Air Transport Association (IATA) Dangerous Goods Regulations (together “Regulations”). Shipper and its agents shall comply with the Regulations regardless of the routing or the mode by which the shipment is transported. Each shipment requiring a Shipper’s Declaration for Dangerous Goods under the Regulations shall be accompanied by properly executed documents in conformance with the requirements of the Regulations. If a shipment contains hazardous materials/dangerous goods, the contents shall be – and Shipper hereby certifies they are – fully and accurately described on the air waybill or other shipping document by proper shipping name and are classified, packaged, marked and labeled, and in proper condition for carriage by air (or, if tendered for other mode of transportation, then for carriage by such other mode) according to the Regulations and any other applicable national governmental regulations. Shipper hereby declares that all of the applicable air transport requirements have been met.
17. Shipper acknowledges that All-Ways, like all indirect air carriers, is required by applicable laws and regulations, including without limitation the federal Transportation Security Administration (“TSA”) to maintain an air cargo security program. If Shipper is acting as an agent, authorized representative, broker, carrier, or other freight intermediary for any person or entity that originates and tenders cargo for air transportation, Shipper shall disclose that fact to All-Ways and shall assist All-Ways in complying with all applicable laws and regulations, including without limitation the TSA requirements by enabling All-Ways to obtain any necessary documents from, or otherwise qualify, such person or entity. As required or permitted by any applicable law or regulation, including without limitation TSA regulations (49 C.F.R. §
1548.9(b)), Shipper, or such person or entity that originates and tenders cargo for air transportation, hereby consents to a search or inspection, including screening, of all cargo.
18. All-Ways may from time to time change the terms of its air waybill and these Conditions. The current and applicable terms of the air waybill and these Conditions can be found on All-Ways’ website at www.shipallways.com and may differ from the pre-printed terms for the air waybill.