IN VIGORE DA MERCOLEDI' 9 APRILE L'US INTERMODAL SAFE CONTAINER ACT

Entrerà in vigore mercoledì prossimo 9 aprile l'US Intermodal Safe Container Act, la nuova regolamentazione approvata dall'Amministrazione degli Stati Uniti sul peso dei contenitori trasportati in territorio nazionale, la cui certificazione potrà essere comunicata elettronicamente. Riguarda i contenitori o rimorchi con un carico di peso lordo (incluso i pallets e l'imballaggio) superiore a 29.000 libbre (13.154 chilogrammi). Ripetiamo, per comodità dei lettori, un comunicato conferenziale già pubblicato il 10 febbraio scorso, che riguarda gli obblighi dei caricatori.

SUMMARY OF SHIPPER OBLIGATIONS UNDER U.S. OVERWEIGHT CONTAINER LAW

Important Notice to Shippers of Cargo to the United States:

The U.S. overweight container laws have recently been amended. The new law will go into effect for shipments arriving in the United States on or after April 9, 1997. The new law requires that weight and content certifications be given by shippers tendering cargo that will be moved to U.S. inland points by either carrier haulage or merchant haulage. Because of lien rights granted under the law, failure of shippers (including those located outside the United States) to provide the certifications required under this law could result in shippers being liable for overweight container fines or penalties imposed by U.S. authorities, and if those fines are not paid, delivery of cargo in the United States could be delayed. The requirements of the law for shippers are summarized below:

** The requirements apply to any container or trailer with a gross cargo weight (including

pallets and packaging) of more than 29,000 pounds (i.e., 13,154 kilograms).

** Any shipper or other person who tenders a loaded container or trailer for intermodal

transportation must provide to the ocean carrier a certification stating the weight and a reasonable description of the contents of the container or trailer. (If the containe is being tendered to an inland carrier for delivery to the ocean carrier, the certification should be given to that inland carrier to be forwarded to the ocean carrier.) The certification must be provided no later than when the container is tendered to the first carrier. The required elements of the certification are as follows:

(1) Actual gross cargo weight (including packaging material, pallets, and dunnage).

(2) A reasonable description of the contents of the container. After December 31, 2000, the term FAK may only be used if no single commodity makes up more than 20 percent of the total cargo weight.

(3) The identity of the certifying party.

(4) The container or trailer number.

(5) The date of the certification.

** The certification may be part of another document, such as a bill of lading. The certification may be transmitted electronically. There is no requirement that the certification be labelled as an "Intermodal Certification" (as was the case under the regulations issued to implement the old law) unless the certification is made on a document separate from an existing shipping document. Any written document prepared by the shipper will suffice -- it could be written shipping instructions, a draft bill of lading prepared by the shipper, or other document transmitted to the ocean carrier either in written form or electronically. Telephonic certification is not permitted, however.