[§ 514.13(b)(2)]

Tariff Line Item Detail:

[14]

Rates per Container Load

(3) Tariff title. See §514.11(b)(4). (4) Tariff code. See §514.11(b)(1)(iii). (5) (Commodity number and description.) The screen's description corresponds with the optional HS description for the 6-digit HS code used, as described in paragraph (a)(3)(iii) of this section.

(6) TLI #. The 14-digit TLI number consists of the commodity code (first ten digits), as described in paragraph (a) of this section, plus four unique suffix TLI digits, controlled by the ATFI system to avoid duplications of, and to differentiate, TLIS within the same commodity. For example, the TLI suffix of "0001" in the screen is based on a 40-foot container; the suffix "0002" could be based on a different TLI for a 20-foot container.

(7) Filing date (“Filed”). See § 514.10(a)(2).

(8) Amendment type. The symbol "R" stands for a reduction under § 514.9(b)(18).

(9) Effective date ("Effective'). See § 514.10(a)(3). Since the screen amendment is a reduction in foreign commerce and the filer is not a controlled carrier, it can take effect upon filing. See §514.9(b)(18).

(10) Thru (date). See §514.10(a)(5). Special or emergency rates may be filed as thru-date TLIS, with explanation of the rates in the TLI notes, but only if the TLI notes are explanatory, without affecting the level of the rate.

(11) Expiration date (“Expires"). See § 514.10(a)(4).

(12) Special case (number). The special case number (not applicable in the illustration) is assigned by the Commission. See §514.9(b)(19).

(13) Tariff Line Item Detail. This section contains the routing, shipment, rate data, etc.

(14) Rates per Container Load. This field echoes the rate basis under paragraph (b)(17) of this section.

(15) Origin/destination. The origin and destination of the shipment can be a location point or group under § 514.10(b), but must be within the tariff scope under §514.11(b)(10).

(i) Between TLIs prohibited. Every TLI shall have but one origin and destination and may not purport to show the same rate in both directions. See § 514.11(b)(10)(iii).

(ii) U.S. to/from foreign country. In foreign commerce, the origin may not include any port or point within the same country in the destination (including the United States).

(16) “VIA.” “VIA” indicates the port or port group through which the cargo will be carried, outbound from its origin, and/or inbound to its destination, for through transportation. In the illustration, the TLI includes all rates and charges for the inland portion from Antwerp to Paris and is, therefore, a "through rate." See §514.15(b)(1).

(17) Rate basis. In the illustration, the rate basis is "PC (Per Container)” under the "Batch Filing Guide's" Data Element Dictionary ("DED") code. Regulations for other rate bases include:

(1) AV. When an Ad Valorem (“AV") TLI is published, the filer shall include in the applicable assessorial charges (in commodity description, TLI or Tariff Rule) the algorithm(s) showing the exact method of computing the charge (e.g., shipper's declaration, invoice value, delivered value), and, in Tariff Rule 12 (§514.15(b)(12)), the additional liability, if any, assumed by the common carrier in consideration therefor.

(ii) EA. TLIS published on an "Each" basis shall include specific provisions in Tariff Rule 2, Application of Rates (§514.15(b)(2)), for the applicable sizes and dimensions of general packaging units (e.g., barrels, crates, cartons under paragraph (b)(22) of this section) when the number of these packages is the basis for the calculation of freight. Commodity descriptions shall include dimensions and weights for cargo rated on an "Each" ("EA") basis, when the packaging is non-standard (e.g., machinery).

(iii) W. TLI's published on a weight only basis shall use the symbol "W.” For green salted hides in foreign com

merce rated on a weight ("W") Basis, see Tariff Rule 17 (§514.15(b)(17)).

(iv) WM. (A) Whichever is greater. TLIS published on a weight or measure ("WM") basis shall be presumed to mean that the basis generating the greater revenue to the carrier will apply. Filers wishing to publish rates based on the lesser revenue of the two alternate bases shall construct Tariff Rules and assessorials which reflect this method of rate computation. Tariff Rule 2, Application of Rates (§ 514.15(b)(2)), shall set forth the carrier's intentions in detail.

(B) Autos in domestic offshore commerce. If not rated on an "EA" basis under paragraph (b)(17)(ii) of this section, automobiles in domestic offshore commerce may not be rated on either weight or measure, whichever is greater (lesser), but only on one of these bases, and, in addition to using the appropriate rate basis code ("M" or "W”), the TLI Notes shall reflect the appropriate controlling formula, as follows:

(1) Automobiles rated by measure (“M”). For automobiles rated by measure, the cubic measurement for the five most recent model years shall be that prescribed by the manufacturer of the particular make and model as shown in Tariff Rule 22 (§514.15(b)(22));

(i) Automobiles whose measurements are not shown in Tariff Rule 22 shall be individually measured by the carrier. This fact shall be noted on the bill of lading; and

(ii) Automobiles which, because of additional accessories or equipment, vary in dimensions from the standard measurements shown in paragraphs (b)(17)(iv)(B)(1), introductory paragraph, and (b)(17)(iv)(B)(1)(i) of this section, shall be individually measured by the carrier. This fact shall be noted on the bill of lading along with the actual variation (in cubic feet) from the standard measurements; or

(2) Automobiles rated by weight (“W”). Each automobile tendered for shipment shall be individually weighed on the carrier's scale. Where the carrier does not possess weighing facilities, the shipper shall have the vehicle weighed by a certified weighmaster and furnish the weighmaster's signed statement to the carrier.

(18) (Default) Units (of weight/measure.) The application of all rates and charges shall be clear and definite and explicitly stated per cubic foot, cubic meter, kiloton, kilogram or pound, or specified numbers of such units. In the illustration, the filer has defaulted its tariff to U.S. dollars. See paragraph (b)(19) of this section. The example in the illustration also shows default units of "1 KT" or "1000 CBM," which were originally set by the filer in the Tariff Record under §514.11(b)(6). (The default units are not applicable to the illustrated TLI, which is on a "Per Container" basis, but see paragraph (b)(17) of this section.)

(19) Rate(s). The rate is the base ocean freight rate to ship the commodity and, in the illustration, is defaulted to U.S. Dollars which can be changed by the filer. See paragraph (b)(18) of this section and §514.10(c). The commodity description under paragraph (a) of this section, and the TLI, by symbol or TLI note, as appropriate, shall clearly identify and explain the following types of rates and the commodities to which they are applicable:

(i) Time/Volume rates in foreign commerce. A time/volume rate means a rate published in a tariff which is conditional upon receipt of a specified aggregate volume of cargo or aggregate freight revenue over a specified period of time.

(A) Time/volume rates may be offered by common carriers or conferences and shall be published as TLIS for each commodity description where they apply. The commodity description shall note the availability and terms of the time/volume rate(s). (See paragraph (a)(2)(ii) of this section.) The TLI(s) shall state in the TLI note(s) that the rate is a time/volume rate.

(B) All rates, charges, classifications, Tariff Rules and practices concerning time/volume rates must be set forth in the appropriate tariff items, e.g., commodity description, TLI, and/or Tariff Rule 26 (§514.15(b)(26)), which shall identify the shipment records that will be maintained to support the rate.

(C) Once a time/volume rate is accepted by one shipper, it shall remain in effect for the time specified, without amendment.

(D) Any shipper utilizing a time/volume rate must give notice to the offering carrier or conference of its intention to use such a rate prior to tendering any shipments under such an arrangement. Notice may be accomplished by any effective method deemed appropriate by the offering carrier or conference and set forth in Tariff Rule 26, and cross-linked in the commodity record and/or TLI Notes.

(ii) Open rates in foreign commerce. An open rate in foreign commerce means a rate on a specified commodity or commodities over which a conference relinquishes or suspends its ratemaking authority, in whole or in part, thereby permitting each individual ocean common carrier member of the conference to fix its own rates on such commodity or commodities. See §514.15(b)(15).

(A) In the conference tariff, where all TLIS for a given commodity description are opened, the description and commodity index under paragraph (a) of this section shall include the appropriate notation, i.e., the word "OPEN." Where a conference opens a rate at the TLI level, the TLI shall show the rate as "0.00" and the TLI Note shall contain the appropriate "OPEN” notation. Both commodity description and TLI Note of "opened" rates (where applicable) shall refer to Tariff Rule 15 (§ 514.15(b)(15)) which shall clearly define the word "open," as used in the tariff, and indicate where the rates of the individual conference member lines on such items may be found.

(B) Where a conference opens rates pursuant to paragraph (b)(19)(ii)(A) of this section, an individual conference member may not charge rates on the open item unless and until the individual member files a proper tariff rate covering such item, as required by this part. This may be accomplished by the individual common carrier member (or its tariff agent) filing a complete tariff pursuant to this part, or by the conference (or its tariff agent) filing in a separate tariff for open rates or in the regular conference tariff each member's rates on the opened items, indicating the rates which will be charged by each individual common carrier and the governing Tariff Rules and provisions of the conference tariff applicable

to each common carrier. When conference members publish their open rates in a separate tariff, such tariffs shall identify the conference tariff in which the open-rated condition is reflected.

(C) Controlled common carriers filing open rates are subject to the 30-day controlled common carrier notice requirement of §514.4(c)(1)(iii), except when special permission is granted by the Commission under § 514.18.

(D) Notwithstanding paragraph (b)(19)(ii)(C) of this section, a conference may, on less than 30 days' notice, file reduced rates on behalf of controlled common carrier members for open-rated commodities:

(1) At or above the minimum level set by the conference; or

(2) At or above the level set by a member of the conference that has not been determined by the Commission to be a controlled common carrier subject to section 9 of the 1984 Act, in the trade involved.

(iii) Independent-action rates in foreign commerce. Each conference agreement must provide that any member of the conference may take independent action on any rate or service item required to be filed in a tariff under section 8(a) of the 1984 Act upon not more than 10 calendar days' notice to the conference and that the conference will include the new rate or service item in its tariff for use by that member, effective not later than 10 calendar days after receipt of the notice, and by any other member that notifies the conference that it elects to adopt the independent rate or service item on or after its effective date, in lieu of the existing conference tariff provision for that rate or service item. For controlled common carriers, see §§514.4(d)(4)(iii) and 514.9(b)(11).

(20) Service. Under the DED codes, the example indicates that the service will be "PH-Pier/House.”

(21) (Carrier.) In a conference tariff, the "Carrier" field is filled in with the SCAC code (under §514.11(a)(6)) of the carrier, when the TLI is an independent action or open rate of a carrier member of a conference (not applicable in illustration). If not filled in, the field does not appear on the screen. See paragraph (b)(19) of this section.

(22) Packaging code. Under the DED, the illustration's packaging code is "CRT" (Crate). See paragraph (b)(2)(ii) of this section.

(23) Ctr size. The example container size is 40-foot, using the DED code.

(24) Stow code. Under the DED, the illustration's stow code is "BS" (Bottom Stowage.)

(25) Ctr type. Under the DED codes, the example indicates that the container type to be "PC" (Dry).

(26) Stat code. The statistic code is a numeric field which is provided for convenience to the tariff owner for statistical purposes. The field can handle up to 20 digits. If not filled in, the field does not appear on the screen.

(27) Ctr temperature. Under the DED code, the illustration's container temperature requirement is "NA" (Not Applicable.)

(28) TLI notes. The TLI notes contain facts or circumstances which pertain to the particular rate. Additional rates, conditions which directly affect the rate, or assessorial charges may not be contained in the TLI notes, but shall be entered in the appropriate place, such as in the "Applicable Assessorial Charges" under paragraph (b)(29) of this section, or in inland rate tables under § 514.15(b)(1).

(29) Assessorial charges. Any matter directly affecting the rate, such as assessorial charges, shall be entered in the Assessorial Charges field, as described in §514.10(d). The illustration shows a (Paris) surcharge and two assessorials found in and linked to Tariff Rules.

(30) Haz code. The Hazard code in the example is "NHZ" for "non-hazardous."

(c) TLI calculation. ATFI's calculation feature adds potentially applicable assessorials in algorithm form and these and inland rate charges are added to the basic ocean freight to compute the bottom line (total) freight. For a TLI calculation, as with most other ATFI operator functions, the ATFI user manual (§514.8(b)) is almost indispensable. The basic steps for the calculation are:

(1) Retrieve a TLI, such as the example in paragraph (b) of this section.

(2) Exercise the "Calc" option and an “ATFI RATE CALCULATION" screen

§ 514.14 [Reserved]

§ 514.15 Tariff Rules.

(a) General. (1) This section requires the electronic filing of certain tariff matter other than the major ATFI objects (TLIS, etc.) addressed elsewhere in this part, which in any way affects the application of the tariff or is related to tariff objects, as prescribed in this part. Matter required to be filed by this section shall be contained in the ATFI tariff, either:

(i) In mandatorily numbered and titled Tariff Rules under paragraph (b) of this section; or

(ii) Where the listed mandatory subjects of Tariff Rules would not include a specific proposed rule or other tariff matter of the filer, in optional Tariff