Laws of the People's Republic of China

REGULATIONS FOR COLLECTING TALLYING FEES BY THE
CHINA OCEAN SHIPPING TALLY COMPANY

  (Issued on July 1, 1980)

 

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: MINISTRY OF COMUNICATION

ISSUE-DATE: 07/01/1980

IMPLEMENT-DATE: 07/01/1980

LENGTH: 1798 words

TEXT:

[Article 1] All tallying fees and charges incurred by foreign vessels, ocean-going Chinese vessels and other clients at home and abroad shall be collected by the China Ocean Shipping Tally Company.

[Article 2] The rates quoted in these Regulations shall be applicable internationally though they are calculated in RMB yuan.

All fees and charges for account of foreign vessels, Chinese and foreign joint-venture vessels and of clients abroad shall be settled in foreign currencies acceptable to and at the official exchange rates issued by the Bank of China.

Ocean-going Chinese vessels and domestic clients shall settle their accounts in RMB yuan.

[Article 3] The tonnage taken for calculating charges in these Regulations shall be the weight or measurement tons of the cargo tallied, whichever is the bigger. The weight ton shall be the weight of the cargo (including packing). The weight tons of cargoes with converting weight rates shall be their converting weights, 1,000 kilos being equal to 1 ton.

Kinds of Cargo	Descriptions	Unit	Converting
			Weight (ton)
1.	camel, cattle,	per head	0.8
	horse, etc.
2.	calf, colt, pig,	per head	0.2
	sheep, etc.

The measurement ton shall be the volume of cubes calculated by multiplying the maximum length, width and height of the cargo concerned, 1 cubic metre being equal to 1 ton.

[Article 4] The weight measurement of the cargo shown in the import Manifest and Shipping Order for export cargo shall, in principle, be taken as the basis for calculation. In case the weight measurement of the cargo is found bigger than the figures appeared in the Manifest or Shipping Order after selective examination, the figures obtained in such selective examination shall be taken as the basis for calculating the whole lot of cargo.

In case no measurement of the cargo is shown in Manifest or Shipping Order, the figures obtained through measurement shall be valid.

[Article 5] In case one lot contains more than two descriptions of cargoes with different rates, or one description of cargo with two different rates, the whole lot shall be charged at the higher rate.

[Article 6] For cargoes chargeable at the same rate part of one ton shall be taken as one ton.

Any decimal of fees shall be to 2 places of decimals. If the following decimal is smaller than 5, then it shall be omitted, and if bigger, counted.

For charges payable on hourly basis part of one hour shall be taken as one hour.

For charges payable according to days (8 hours), calendar days shall be used, part of one day shall be taken as one day.

[Article 7] Where the tallying fees charged on any one voyage of a ship fall short of the 7-hour standing-by allowance of tally personnel involved, a minimum tallying fee shall be charged according to the rates for 7-hour standing-by allowance for each person.

NOTE: The minimum tallying fee includes all fees and charges specified in Items 1, 2, 4, 5, 7, 8 and 12 of Art. 8 and Art. 9.

[Article 8] Items and Rates:

Item 1. Basic Tallying Fees for Packaged Cargo:

Kinds of	Descriptions	Rates
Cargo		(yuan/ton)
1.	highly dangerous cargoes, copper cathode, non-ferrous metal ingots	1.00
2.	cargoes in packages other than those listed if the measurement of a weight-ton is less than one cubic metre	0.80
3.	frozen and refrigerated goods, rubber cement	0.70
4.	metal products, log, salt, soda ash.	0.50
5.	cargoes in packages other than those listed if the measurement of	0.40
	a weight-ton is up to one cubic metre
6.	chemical fertilizer, sugar, cereal, dates, fish meal in bags	0.35
7.	cotton, jute, roasted tobacco, palletized cargo	0.25
8.	all cargoes of which the measurement of a weight-ton is up to four cubic metres, vehicle	0.15
9.	vehicle (shipped on Roll on/Roll off vessel)	0.10

NOTE:

(1) "Highly dangerous cargoes" shall mean explosives, compressed gas and liquidized gas, deadly poisonous substances, radioactive substances, oxidizer (class A), spontaneously combustible substances (class A), inflammable substances when wet (class A), inflammable liquid (class A), inflammable solid (class A) and acid corrosive (class A), as provided for in the "Regulations Governing the Transportation of Dangerous Goods" issued by the Ministry of Communications of the People's Republic of China.

(2) All cargoes under category 6 as listed above and falling short of 500 tons in loading or discharging, shall be charged as category 5 rate.

(3) "Palletized cargo" shall mean that the number of packages in the pallet are not to be tallied. In case the numbers of packages in the pallet are to be tallied, fees of which shall be calculated according to the kinds of cargo it falls into.

Item 2. Fees for Tallying Containers:

Size of Container †(feet)	Full Van of Container (yuan/container)	Empty Container (yuan/container)
20	3.00	2.00
40	6.00	4.00

NOTE: Fees for tallying containers of other sizes shall be calculated proportionally according to the rates listed above.

Item 3. Tallying Fees for Vanning/Devanning of Containers:

(1) RMB 0.40 yuan per ton.

(2) RMB 1.00 yuan for sealing each container.

NOTE: For vanning/devanning of containers in city proper, charges shall be collected as per Item 11 (3) of this Article.

For vanning/devanning of containers outside city proper, charges shall be collected as per Item 11(3) and 13(1) of this Article.

Item 4. Charges for Making Tally Papers and Service Charges for Bulk Cargoes: RMB 0.10 yuan per ton.

Item 5. Fees for Tallying Luggage and Parcels: RMB 0.50 yuan per package.

Item 6. Fees for Sorting Cargo Marks: RMB 0.40 yuan per ton.

Item 7. Allowance for Tally Personnel's Standing-by

Time: RMB 6.00 yuan per man hour.

NOTE: Total standing-by time falling short of half an hour for each person in a shift shall be dropped.

Item 8. Tallying Fees for Shifting and Reloading of Cargoes:

(1) Charges shall be collected at the rate of standing-by time for shifting of cargoes within the holds.

(2) Surcharges shall be collected at 100% of the basic rates of cargoes shifted/reloaded other than that mentioned in Item 8(1) above.

Item 9. Fees for Re-checking: RMB 0.05 yuan per ton.

Item 10. Fees for Re-tallying: RMB 0.30 yuan per ton.

NOTE: Extra charges shall be collected as per Item 13(1) of this Article for sending people for re-tallying outside the city proper.

Item 11. Tallying Fee for Work Specially Entrusted:

(1) RMB 0.40 yuan per ton for sampling, picking out lot numbers and dividing specifications.

(2) RMB 8.00 yuan per man hour for charges payable on hourly basis.

(3) RMB 50.00 yuan per man/day (8 hours) for charges payable according to days. RMB 8.00 yuan per man/hour for working overtime.

Item 12. Charges for Making Tally Papers:

For each voyage of a vessel with cargoes:

less than 1,000 tons, RMB 50 yuan;

less than 5,000 tons, RMB 150 yuan;

less than 10,000 tons, RMB 200 yuan;

more than 10,000 tons, RMB 250 yuan;

Item 13. Traffic Expenses:

(1) Tally personnel's traffic and hotel expenses arising from tallying work required beyond the city proper shall be charged according to the expenses actually incurred. RMB 3.00 yuan per man/day for boarding allowance shall be collected additionally when working within the country, whereas boarding allowance shall be charged according to the expenses actually incurred when working in foreign countries.

(2) Local Traffic Expenses:

For traffic by land, a fixed lumpsum charge shall be collected for each voyage of a vessel:

Shanghai, Tianjin, Dalian, Huangpu, Qingdao, Zhanjiang, Qinhuangdao, Lianyungang: RMB 80.00 yuan; Other ports: RMB 50.00 yuan.

For traffic by water, the charges shall be collected according to the expenses actually incurred or a fixed lump sum charge of RMB 300.00 yuan shall be collected for each voyage of a vessel.

NOTE: 50% of the local traffic expenses shall be charged in case the total operating time is less than 24 hours in a ship's voyage.

[Article 9] Items and Rates of Surcharges:

Kinds	Items	Contents	Rates
1.	surcharges	tallying work under Items 1, 2, 5, 6,	a 100%
	††††for	7 and 8 of Art. 8 of these Regulations	surcharge
	Sundays/	performed on Sundays,	shall be
	holidays	official holidays of the People's	collected
		Republic of China	in addition
			to the
			normal
			rates
2.	surcharges	tallying work under Items 1, 2, 5, 6,	a 50%
	for night	7 and 8 of Art. 8 of these Regulations	surcharge
	shift	performed in night shift	shall be
			collected
			in addition
			to the
			normal
			rates
3.	surcharges	tallying work under Items 1, 6 and 8	a 50%
	††††for	of Art. 8 of these Regulations	surcharge
	non-cargo	performed in non-cargo holds	shall be
	holds		collected
			in addition
			to the
			normal
			rates
4.	surcharges	tallying work under Items 1, 5, 6 and	a 50%
	††††at	8 of Art. 8 of these Regulations	surcharge
	anchorage	performed at anchorage	shall be
			collected
			in addition
			to the
			normal
			rates
5.	surcharges	tallying work under Items 1, 6 and 8	a 50%
	for melted,	of Art. 8 of these Regulations	surcharge
	frozen,	performed on melted, frozen,	shall be
	solidified	solidified and adhesive cargoes	collected
	††††and		in addition
	adhesive		to the
	cargoes		normal
			rates
6.	surcharges	tallying work under Items 1, 2, 6 and	a 100%
	for salvage	8 of Art. 8 of these Regulations	surcharge
	cargoes	performed on salvage and fireburnt	shall be
		cargoes	collected
			in addition
			to the
			normal
			rates

NOTE: (1) The time for the beginning and end of Sunday/holiday shall be fixed by the local port authorities.

(2) "Night shift" shall be considered as 8 hours including midnight. The time for the beginning and end of night shift shall be fixed by the local port authorities.

(3) "Non-cargo holds" shall mean tonnage wells, refrigerated spaces loaded with non-frozen and non-refrigerated cargoes, locker spaces, oil tanks and water tanks, etc.

(4) Where several surcharges have incurred with respect to certain work (charge), the surcharges shall be respectively multiplied by that charge.

[Article 10] These Regulations have been approved by the Ministry of Communications of the People's Republic of China and it will become effective on July 1st, 1980.

The authority for interpretation of these Regulations rests with this Company.