U.S. Federal Maritime Commission ( "FMC") has always prohibited on the main routes punish acts as its own focus. Already been punished companies in the United States and abroad (including China), shipping companies, NVOCC and freight forwarder within the United States and import and export companies. The amount of fines varies from tens of thousands of dollars, hundreds of thousands of dollars, as many as hundreds of thousands, millions of dollars. In order to regulate the U.S. airline's business practices to avoid improper operation suffered economic losses are likely in light of the specific operational problems in the United States, "Ocean Shipping Reform Act of 1998" (hereinafter referred to as "" Reform Act "") No. 10 Article related to violations of the contents of a brief introduction.





1, the false name of conduct to prevent goods


"Reform Act" Article 10 (a) (1) provides that: No person shall knowingly and intentionally, directly or indirectly, through false billing, false classification, false weights, false report weight, size fake the way or use of any other improper or unfair means or methods to obtain or attempt to obtain than the published tariffs or service contracts of the low rates or fees to delivery of goods.


Meanwhile, the "Reform Act" Article 10 (b) (1) subsection also provides that: Any common carrier shall either alone or jointly with any other person, directly or indirectly, allow any person by false billing, false classification, false weight, fake sizes, or the use of any other improper or unfair means or methods to obtain than the carrier's published tariff or service contract of the low rates or fees for delivery of goods.


In recent years, FMC has been in the main routes, especially in the Pacific route on the false cargo name (ie misdescription, commonly known as the false name or counterfeit goods name goods at this translated into giving false name) punish acts as part of its focus on one. In this article mainly refers to the name of false goods of some non-vessel carrier, in order to obtain than the tariff of the low-tariff or service contract, knowingly and deliberately high-value goods, changed the name of low-value cargo cargo cargo name, shipping companies conduct further checked. According to officials of the Executive Board FMC estimation, non-vessel carrier cargo through the false name, and each box of goods less the amount of freight shipping companies to pay up to nearly 700 U.S. dollars. So far, a lot of non-vessel carrier FMC therefore be punished, the maximum fine amounted to a two million U.S. dollars; also have several shipping companies have been convicted of making a false statement to allow non-vessel carrier cargo were to be sentenced to dozens of 10000 waterlogging �� dom? Sui S yarn silk cedar �� �� Catalpa ��-shaped tablets �� men stumble Qiu �� call dirty Cave �� �� Mirror Moon pharyngeal brain enough to stick mao �� cape Jia Lu �� �� gangrene flea Shuo ��? FMC punishment.


For the false name of conduct cargo, shipping companies, said: This is a non-vessel carrier's liability beyond their control. However, FMC is that since the bill of lading the cargo shipping company name and packaging, number of pieces, signs, size and weight of such obvious discrepancies, so shipping companies known or should have known NVOCC cargo name of false violations. As the shipping companies to allow non-vessel carrier cargo false name on it without changing tariff or service contract in this case of freight, to be a preferential tariff, is a given kickbacks illegal.


To avoid the above situation, the economy suffered a double loss, shipping companies receiving NVOCC agent booking, Drawing-ocean bills of lading and freight income account should be:


1, carefully examine the booking power of attorney, power of attorney on the goods name and other important items must be clear, clear, precise;


2, such as the booking instructions on the packaging, number of pieces, signs, size and weight and cargo were obvious discrepancies, upon request, issued by the actual non-vessel carrier to provide shippers, including customs declaration form and the commercial invoice, etc. including enough to prove that the goods Description of the information, booking may be accepted;


3, according to booking instructions Drawing-ocean bills of lading, a receipt issued by the station under the bill of lading;


4, booking power of attorney, the station receipts and bills of lading the goods displayed on the name should be the same;


5, for the contract did not set out in the service of goods, it should be in accordance with the present tariff rates for booking the shipment.


Second, the provision of tariff or service contract, consistent with the services


"Reform Act" Article 10 (b) (2) (A) provides that: Any common carrier shall either alone or jointly with any other person, directly or indirectly in the liner routes to provide its published tariffs or service in this contract rates, fees, classification, rules and practices inconsistent service.


So far, many shipping companies and non-vessel carrier because not in accordance with tariffs and service contracts of the freight charge of being punished. This requires that shipping companies agents in specific business operation, must be strictly in accordance with tariffs or service contracts to accept the booking, Drawing-up documents and collecting freight and other costs (except for goods and exempted items are not included). Tariff in this project and the need to change the content, should be published at any time to adjust in a timely manner. Service contract when the goods shipped into account the principle of freight income: any service contracts clearly set out the items and rates, in accordance with service contracts should be accrued income; any service contract are not clearly indicate the items and rates, shall be in accordance with tariff of the handle. Shipping agent shall not entered into force in accordance with the present rate of tariff or service contract rates for payment of freight and other charges, but can not be charged freight and other costs to cover cargo names in the guise of a rebate to the shipper in order.


3, fair treatment of all customers


"Reform Act" Article 10 (b) (3) provides that: Any common carrier shall either alone or jointly with any other person, directly or indirectly, to any shipper for its patronage of other carrier, or put forward complaints, or any other reason, there is space, refused to provide accommodation, or to refuse to provide accommodation as a threat, or to take other unfair or improper practices of discrimination against their retaliation.


According to this provision and the "Reform Act" in the other provisions of the shipping companies in specific business operations, deal with customers equally. In the peak season period, especially in class when the demand exceeds the supply of accommodation, shipping companies should try to between the shipper a fair and reasonable distribution of its own space, rather than in various ways for some customers to take the practice of unlawful discrimination. If the FMC based on customer complaints, after investigation has found that the existence of acts of unlawful discrimination, shipping companies will be FMC shall be severely punished.


4, ocean transportation intermediaries and freight services


"Reform Act" Article 10 (b) (11) provides that: Any common carrier shall either alone or jointly with any other person, directly or indirectly, knowingly and intentionally did not accept this and not have the necessary tariff margin , liability insurance and other guarantees payment of ocean transportation intermediaries to provide the goods, or to provide cargo services.


Ocean Transportation Intermediaries "Reform Act" introduced new concepts, including ocean freight forwarders and NVOCC. According to this provision and the implementation of rules developed by FMC and the FMC in dealing with the Executive Board's consistent position on this issue, the ship's bill of lading to the consignor in the column can not stand alone in freight handling agent's name because there is no cargo agents their tariffs in this; such as the ocean bill of lading shipper freight forwarders in the column appeared alone the name of the freight agent must also be non-vessel carrier; if non-vessel carrier's name appears in the ocean bill of lading shipments people in the column, the non-vessel carrier must have been published, effective tariffs of this, we must follow the manner required by FMC and quantity with the required financial responsibility (financial responsibility, including bond, liability insurance and other guarantees gold) . Shipping companies must also be under the FMC for the "Reform Act" develop the implementation details of the requirements to be checked to confirm this.


5, ocean transportation intermediaries, and service contracts