Title
Clarification of shut-out charges at ports
Law
Ppa Memorandum Circular No. 43-98
Decision Date
Oct 5, 1998
The PPA Memorandum Circular No. 43-98 establishes guidelines for shut-out charges on export and transshipment containers at MICT and South Harbor, detailing the responsibilities of shippers and shipping lines regarding fees incurred due to changes in vessel, destination, or container weight.

Purpose and scope of clarification

  • The circular clarifies the implementing rules on shut-out charges on export/transshipment containers at MICT and South Harbor.
  • The clarified guidelines apply to the imposition and treatment of shut-out charges under the existing tariff for these ports.
  • The circular provides operational rules on how shut-out charges attach and who bears the cost depending on the cause.

Key definitions established

  • A shut-out container is an export/transshipment container, whether full or empty, that fails to get loaded onto a nominated exporting vessel.
  • A shut-out charge is an imposition on a shut-out container under the existing tariff at MICT and South Harbor.
  • A nominated exporting vessel is the vessel that the container is intended to be loaded onto under the shipping nomination process for export/transshipment.

When shut-out charges apply

  • Shut-out charges apply to an export/transshipment container that fails to get loaded onto the nominated exporting vessel, whether the container is full or empty.
  • The same charge equivalent to a shut-out charge may be imposed on containers (whether full or empty) when shippers/shipping lines request a change of status under the following instances:
    • Change of exporting vessel where the container/s is/are intended to be loaded (3.1).
    • Change of port of destination of the container/s (3.2).
    • Change in weight of container/s as previously declared (3.3).
  • The charge equivalence rule applies specifically in situations involving the enumerated changes of status initiated by shippers/shipping lines.

Allocation of cost: shipper vs. shipping line/agent

  • The shut-out charge is charged to the account of the shipper or the shipping line/agent, depending on the cause of the shut-out (Section 4).
  • The shut-out charge is for the account of the shipper when the shut-out is due to the shipper’s instruction or fault, including instructions such as:
    • changing the loading vessel after receipt of the container at the terminal (change of loading vessel),
    • changing the port of discharge the container at the terminal (change of port discharge),
    • changing the port of discharge and/or issuance of a hold order by the shipper.
  • The shut-out charge is for the account of the shipping line/agent when the change of status is due to the shipping line/agent’s request or instruction/fault, including instances such as:
    • the vessel is full,
    • the vessel lacks port time,
    • the vessel breaks down while in port,
    • issuance of a hold order by the shipping line/agent.

Payment condition and tariff basis

  • The shut-out export container must not be loaded to the nominated vessel without prior payment of the shut-out charge (Section 5).
  • The amount of the shut-out charge must be based on the prevailing PPA approved cargo handling tariff of MICT and South Harbor.

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