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America Focus

Loss Prevention issues concerning ships trading to and from the US




With the US being a heavily regulated State, owners and operators have to negotiate a complex web of regulatory requirements in order to get a ship in and out of US ports. This page is designed to assist Members by providing information and articles designed to prevent claims from occurring by ensuring proper and timely compliance.

Container sealing for US bound maritime cargo - USA
As of 15 October 2008, US Customs & Border Protection will require that all laden containers entering the US by sea must have seals which meet the ISO/PAS 17712 standard. This ruling is in effect for all cargo bound for the US, whether as a destination or passing through the country. In addition, details of seal numbers must be included in the Vessel Automated Manifest System (AMS) sent to the CBP at least twenty-four hours before the ship’s departure for the US. See Loss Prevention Bulletin No. 600 for full details.



Claims involving hijackings have been on the rise in recent years, and many shipping companies are suffering losses for cargo shipped under through bills of lading. Analysts estimate hijackings cost the shipping industry millions of dollars each year.

Legal liability for hijacking claims often falls on the shipping line if the line arranged the trucking. In the United States, all truckers are required to sign the UIIA (Uniform Intermodal Interchange Agreement), which requires truckers to carry a minimum of $100,000 cargo insurance. There is no uniform agreement in Canada and Mexico and the cargo insurance is usually insufficient to pay the claim.
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Shipping lines are increasingly having shipments of low value cargo (wastepaper and scrap plastic) shipped from the US and abandoned by the cargo receivers at the discharge port. The cargo can sit idle for several months while shippers and consignees negotiate, or shipping lines take it upon themselves to try to find a new buyer for the cargo.

This results in tens of thousands of dollars in accumulating demurrage costs, several shipping line containers out of circulation not generating revenue, and tens of thousands of dollars in freight charges to return the cargo to the origin. If no new buyer is found, and the shipper has gone out of business, the shipping line must pay to dispose of the cargo. It is also likely the ocean freight was not paid adding to the losses.
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Overweight containers and mis-declared weights are becoming a very serious problem. It is estimated that as many as 20% of containers are overweight or mis-declared.

As containers are stacked higher to keep up with the growth of world trade, overweight and mis-declared weights can lead to vessels being improperly stowed which can adversely affect vessel stability and possible loss of containers overboard. They can cause damage to chassis and terminal handling equipment. Overweight and mis-declared containers can also cause injury to dock workers while containers are handled in container yards, and contribute to citations or accidents on highways and railways. Overweight and mis-declared containers are caused by poor loading controls by shippers who try to maximize the space in the container...
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Coming soon...
A 10 part guide covering the stages of transit for handling reefer units.




America Focus contacts:

George Radu, Thomas Miller Insurance Services
San Francisco, USA
Email: George.radu@thomasmiller.com

Brendan Kruse, Thomas Miller (Americas) Ltd
New Jersey, USA
Email: Brendan.kruse@thomasmiller.com



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