C.F.R. » Title 46 » CHAPTER IV—FEDERAL MARITIME COMMISSION › SUBCHAPTER B—REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE › PART 530—SERVICE CONTRACTS › Subpart A—General Provisions

46 C.F.R. § 530.6

Certification of shipper status

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(a) Certification. The shipper contract party shall sign and certify on the signature page of the service contract its shipper status (e.g., owner of the cargo, shippers' association, NVOCC, or specified other designation), and the status of every affiliate of such contract party or member of a shippers' association entitled to receive service under the contract.

(b) Proof of tariff and financial responsibility. If the certification completed by the contract party under paragraph (a) of this section identifies the contract party or an affiliate or member of a shippers' association as an NVOCC, the ocean common carrier, conference or agreement shall obtain proof that such NVOCC has a published tariff and proof of financial responsibility as required under sections 8 (46 U.S.C. 40501-40503) and 19 (46 U.S.C. 40901-40904) of the Act before signing the service contract. An ocean common carrier, conference or agreement can obtain such proof by the same methods prescribed in § 515.27 of this chapter.

(c) Joining shippers' association during term of contract. If an NVOCC joins a shippers' association during the term of a service contract and is thereby entitled to receive service under the contract, the NVOCC shall provide to the ocean common carrier, agreement or conference the proof of compliance required by paragraph (b) of this section prior to making any shipments under the contract.

(d) Reliance on NVOCC proof; independent knowledge. An ocean common carrier, agreement or conference executing a service contract shall be deemed to have complied with 46 U.S.C. 41104(a)(12) upon meeting the requirements of paragraphs (a) and (b) of this section, unless the carrier party had reason to know such certification or documentation of NVOCC tariff and bonding was false.

[64 FR 11206, Mar. 8, 1999, as amended at 74 FR 50723, Oct. 1, 2009; 85 FR 9683, Feb. 20, 2020]
Notes of Decisions
Cited in 2 cases, 1976–2017 · leading case: Pac. Coast Eur. Conf. & Its Member Lines v. Fed. Mar. Comm'n & United States, 537 F.2d 333 (9th Cir. 1976).
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Pac. Coast Eur. Conf. & Its Member Lines v. Fed. Mar. Comm'n & United States, 537 F.2d 333 (9th Cir. 1976). “See 46 C.F.R. § 530.6 (1975); The Dual Rate Cases, 8 F.”
A.P. Moller-Maersk A/S v. Safewater Lines (1) Pvt, Ltd., 276 F. Supp. 3d 700 (S.D. Tex. 2017). “The Service; Contract designated the Safewater entities as an NVOCC under 46 C.F.R, § 530.6 and named the Safewater entities as the shipper on each Maerskbill of lading (Attachment 1 to Ex.”
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