§ 530.14 Implementation.
发布06-23
生效07-24
摘要总结AI 辅助解读
本条款规定了美国海运服务合同（Service Contract）的实施限制及被禁止或暂停后的处理机制。核心要点包括：1. 合同生效前不得履行，仅适用于生效后接收的货物；2. 若合同被联邦海事委员会（FMC）依据《航运法》禁止或暂停，必须立即停止执行；3. 受影响的服务需按适用运价表重新计费，并在5天内通知托运人；4. 需在30天内向FMC提交详细通知。该规定直接影响船公司、货代及外贸企业的合同合规性与费用结算流程。
- (a) Generally. Performance under an original service contract or amendment may not begin until the effective date. An original service contract or amendment may apply only to cargo received on or after the effective date by the ocean common carrier or its agent, including originating carriers in the case of through transportation.
- (b) Prohibition or suspension. When the filing parties receive notice that an initial or amended service contract has been prohibited under section 9(d) (46 U.S.C. 40704) or suspended under section 11 of the Act (46 U.S.C. 41301-41302, 41305-41307(a)):
- (1) Further or continued implementation of the service contract is prohibited;
- (2) All services performed under the contract shall be re-rated in accordance with the otherwise applicable tariff provisions for such services with notice to the shipper within five (5) days of the date of prohibition or suspension; and
- (3) Detailed notice shall be given to the Commission under § 530.9 within thirty (30) days of:
- (i) The re-rating or other account adjustment resulting from prohibition or suspension under paragraph (b)(2) of this section; or
- (ii) Final settlement of the account adjusted under § 530.10.
- (c) Agreements. If the prohibited or suspended service contract was that of an agreement with no common tariff, the re-rating shall be in accordance with the published tariff rates of the carrier which transported the cargo in effect at the time.
[64 FR 11206, Mar. 8, 1999, as amended at 74 FR 50724, Oct. 1, 2009; 82 FR 16297, Apr. 4, 2017; 86 FR 21662, Apr. 23, 2021]