§ 520.12 Time/Volume rates.
发布01-02
生效02-01
摘要总结AI 辅助解读
本法规规范美国海运中时间/数量费率(Time/Volume Rates)的发布与执行。要求公共承运人或班轮公会必须在运价本中公布此类费率,明确记录保存方法及托运人通知程序。关键合规点包括:一旦费率被接受即锁定效力;若30天内无托运人响应可取消;相关记录需保存至少5年;严禁对未达量托运人施加违约金,仅允许按标准运价重新计费。该规定旨在防止歧视性定价及不当惩罚措施。
- (a) General. Common carriers or conferences must publish in their tariffs rates that are conditioned upon the receipt of a specified aggregate volume of cargo or aggregate freight revenue over a specified period of time.
- (b) Publication requirements. (1) All rates, charges, classifications rules and practices concerning time/volume rates must be set forth in the carrier's or conference's tariff.
- (2) The tariff must identify:
- (i) The shipment records that will be maintained to support the rate; and
- (ii) The method to be used by shippers giving notice of their intention to use a time/volume rate prior to tendering any shipments under the time/volume arrangement.
- (c) Accepted rates. Once a time/volume rate is accepted by one shipper, it will remain in effect for the time specified, without amendment. If no shipper gives notice within 30 days of publication, a common carrier or conference may cancel the time/volume rate.
- (d) Records. Shipper notices and shipment records supporting a time/volume rate must be maintained by the offering carrier or conference for at least 5 years after a shipper's use of a time/volume rate has ended.
- (e) Liquidated damages. Time/volume rates must not impose or attempt to impose liquidated damages on any shipper that moves cargo under the rate. Carriers and agreements must rerate cargo moved at the applicable tariff rate if a shipper fails to meet the requirements of the time/volume offer.
[64 FR 11225, Mar. 8, 1999, as amended at 89 FR 33, Jan. 2, 2024]
