NCBFAA Tells FMC New SOLAS Provisions in NYK Line Bill of Lading Terms Are 'Inappropriate'
A new clause in NYK Line's bill of lading terms and conditions involving the verified gross mass (VGM) amendments to the Safety of Life at Sea (SOLAS) seems "inappropriate and contravenes" U.S. law, the National Customs Brokers & Forwarders Association of America said in a Feb. 3 filing with the Federal Maritime Commission (here). The NCBFAA specifically objects to the addition in clause 15 of the terms (here) that say the shipper is responsible for weighing costs and must provide the VGM for each container by a deadline established by a terminal or NYK. The clause also says NYK can reject a container "at its sole option" if no VGM is provided by the deadline and that the carrier won't be liable for any costs related to a rejection. The controversial VGM requirements went into effect last year (see 1607010041), though there's been little public controversy around the updated SOLAS since.
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The NCBFAA believes that NYK's "position is categorically incorrect" and goes against the Shipping Act, the association said. "The NCBFAA accordingly requests that the Commission review this situation and issue an order for NYK to show cause why this new clause 15 in its bill of lading should not be found to be unlawful." NYK didn't comment.