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Title  SOLAS VGM Implementation
Write  master Date  2016/06/11 HIT  606

attachment :  SUNTRANS_SOLAS_VGM RULE.PDF

Dear Valued Suntrans Customer,

The new SOLAS VGM regulation is going to take effect on 1 July 2016, less than a month away. Following up on previous advisories on the same topic, we would like to keep you informed on the latest update on SOLAS VGM implementation as follows:

As you know well, from July 1st, new IMO rule, the Safety of Life at Sea SOLAS will take effect.

1)    Submission of a VGM is mandatory for all containers departing on or  after 1st July 2016.
2)    Please send attached 1)SOLAS rule and 2)VGM declaration form to the shipper at the beginning stage of container arrangement to fill out the form as your record of proof.
3)    Each steamship line is now making on line VGM input feature.
-    Please make sure to find out the web link  and understand VGM input procedure beforehand.
4)    Suntrans will be responsible for any extra cost (reweighing charge, possible detention, demurrage etc.) due to late filing of VGM or discrepancy of VGM.
So ensure to inform every shipper this rules and effect that we may received verified gross weight from them.
5)    Please feel free to contact me you have any question or concern regarding VGM.


MANDATORY SUBMISSION OF VERIFIED GROSS MASS BY SHIPPER

A. SOLAS REQUIREMENTS
Effective July 1, 2016, the Safety of Life at Sea Convention of 1974 (“SOLAS”) requires that the person named as shipper on the ocean carrier bill of lading or equivalent document and/or who has concluded a contract of carriage with Carrier (hereinafter, the “Shipper”) provide Carrier with the verified gross mass (“VGM”) of containers to be transported by vessel.  Under SOLAS, the Shipper may obtain the VGM by either (1) weighing the packed container using calibrated and certified equipment; or
(2) weighing all packages and cargo items, including the mass of pallets, dunnage and other securing material to be packed in the container and adding the tare mass of the container to the sum of the single masses, using a certified scale approved by the competent authority of the jurisdiction in which packing of the container was completed.  In certain jurisdictions, authorities may also determine alternative methods of determining the VGM to be compliant with SOLAS.  SOLAS requires the VGM be submitted to the Carrier sufficiently in advance to be used in preparation of the vessel stowage plan. 
SOLAS prohibits Carrier from loading containers for which no VGM is provided.

B.  PROVISION OF VGM
1.  Time for Submitting VGM
In order to enable Carrier to comply with the requirements of SOLAS described above, Shipper or its authorized agent must provide Carrier with the VGM of cargo tendered to Carrier, calculated in
accordance with applicable legal requirements, no later than the cutoff time communicated by Carrier at the time of booking.
2.  Form of VGM
Shipper or its authorized agent shall submit VGM in any one of the following formats:
1.    Via electronic BL/Shipping instructions from INTTRA, GT NEXUS or CargoSmart
2.    Via electronic BL/Shipping instructions directly from a shipper. (Requires an indicator of VGM)
3.    Via electronic VERMAS message from INTTRA, GT NEXUS or CargoSmart
4.    Via electronic VERMAS message directly from a shipper
5.    Via HMM’s simple and easy to use online VGM Entry tool which can be accessed from any
computer, tablet or smartphone. 
6.    Via written submission to HMM Customer Service. A fee of $100.00 USD per submission will
apply and must be paid before cargo will be released at destination. 
Written submission must be sent to VGM-DCSC@hmm21.com. 

SOLAS requires that the VGM data submitted by Shipper indicate that the weight provided is the VGM and that it be signed by a person duly authorized by Shipper.  Shipper or its agent may fulfill this signature requirement as follows:
(i)     In the case of VGM provided via EDI, by including the name of the duly authorized person in CAPITAL LETTERS in the EDI information; or
(ii)    In the case of VGM provided via electronic [or hard copy document], by including a physical signature of the duly authorized person in the document or by including an electronic signature of the duly authorized person in the document (e.g., “signed by NAME IN CAPITAL LETTERS”).
The foregoing signature shall constitute a warranty by the individual that it is authorized to sign such document on behalf of Shipper.
3.  Inaccurate Tare Weight: 
With respect to submission of a verified gross mass ("VGM") of a container as required under amendments to the Safety of Life at Sea Convention of 1974 ("SOLAS") effective as of July 1, 2016, Carrier agrees to release Shipper from liability for any injuries, damages, losses or claims which result from the Shipper's use of an inaccurate container tare weight either (a) printed on a container provided to Shipper, or (b) otherwise provided by Carrier to Shipper in writing or electronically for a specific container, for use by Shipper in its calculation and submission of a VGM.

C.  DISCREPANCIES BETWEEN VGM AND SUBSEQUENTLY DETERMINED WEIGHT
Carrier (including its agents/contractors) may weigh cargo for which a VGM has been received.  If the weight determined by Carrier differs from the VGM received from the Shipper or its agent, Carrier shall replace the VGM on all shipping documents with the weight determined by Carrier.   In the event it is necessary to revise shipping documents pursuant to the rule filed in the HMM tariff, an administrative fee of $60.00 per container for each container for which the shipping documents had to be revised shall be payable to Carrier, with such fee to be for the account of the cargo.

D.  FAILURE TO TIMELY SUBMIT VGM
If a loaded container is received without a VGM or if the VGM is not received by the deadline established
under this rule, Carrier shall have the option to either:
(i)  Refuse to load the container until a VGM is supplied by Shipper, in which case any and all costs, fees,expenses, damages and/or penalties of every and any type, nature or source shall be for the account of the cargo; or
(ii)  Weigh the cargo on behalf of the Shipper and use that weight in lieu of the VGM, in which case any and all costs, fees, and expenses associated to weighing each container, plus an administrative fee of $100.00 USD, shall apply for the account of the cargo.
If a loaded container is denied admission to a marine terminal facility due to the lack of a VGM, all costs and consequences of such denial shall be for the account of the Shipper and/or cargo.

E.  PAYMENT OF FEES RELATED TO VGM
Carrier will not be extending credit terms, whether existing or new, to Shipper for any fines, fees,
penalties, handling costs or damages of every and any type, nature or source related to Shipper's failure to submit VGM, late VGM submission, inaccurate VGM submission or amended VGM submission;
whether they occur at origin, in transit or at destination.  All such charges must be paid prior to cargo release to Shipper, Consignee or Cargo Owner.


***Note: The weighing equipment used must meet the applicable accuracy standards and requirements of the State in which the equipment is being used and any estimated cargo weight is not allowed according to “VGM rule”***

For VGM method 2:

•    Weight Method will be : Weigh measure that shipper use ( brand name)
•    Weighing company name : Shipper
•    Weighing station : Shipper’s warehouse
•    Certification Number : The accuracy certification number of the weigh measure that shipper use. (all shipper should keep the accuracy of this weight measure and should have it certified in regular basis)