Paper Work in Export Trade Document Tech
Paper Work in Export Trade Document Tech
https://books.google.com
Econ
6899
20
WIDENER
HN DLSU 3
Econ. 6874.20
NO N
VA
I
L
Bought with
Library Fines
Ewn 6899,20
DEPARTMENT OF COMMERCE
BUREAU OF FOREIGN AND DOMESTIC COMMERCE
PHILIP B. KENNEDY, Director
( DOCUMENT TECHNIQUE )
By
ME
IT
A
OF
ED
S
STATES
WASHINGTON
GOVERNMENT PRINTING OFFICE
1920
DEPARTMENT OF COMMERCE
BUREAU OF FOREIGN AND DOMESTIC COMMERCE
PHILIP B. KENNEDY, Director
MISCELLANEOUS SERIES- No . 85
( DOCUMENT TECHNIQUE )
By
UN
IT ST
AM
ED AT
OF
WASHINGTON
GOVERNMENT PRINTING OFFICE
1920
Econ 689 9.2
HARVARD COLLEGE
SEP 13 1920
LIBRARY
Fiv mon
e ey
(Text + plate )
T
CONTENTS.
Page.
Letter of submittal..
I. The inquiry.. 7
Nature of an inquiry.
A typical inquiry-- 8
Description of the goods__
The quantity. 10
The price----- 10
Time of delivery. 11
Terms of payment---- 12
Example of typical inquiries_ 13
Use of cable codes .. 14
II. The quotation _ -_- 16
Organization of an export house-- 16
Ascertaining customer's financial responsibility. 18
Purchase of goods for export__. 19
Computation of transportation charges_ 22
Determination of C. I. F. quotation_. 23
Forms of quotations --- 24
The manufacturer's records_ 28
III. The " firm " order___. 31
Conditions of the sale.. 32
Definition of terms.. 34
Confirmation of the order____ 37
Formal acknowledgment of orders ---- 38
Notes on form and contents of orders_- 41
IV. The purchase order___ 45
Placing the order with the supplier_. 45
Analysis of order 46
Shipping instructions___. 46
Description of the goods- 46
Packing 46
Marking--- 50
Time of delivery- 52
Invoices__. 53
Specimen orders in other transactions_ 53
Notes on manufacturer's records___ 56
V. Shipment to seaboard___. 58
Preparation of rail shipments_. 58
Form of bill of lading--. 60
Free lighterage___ 60
The bill of lading as a contract_. 62
The different bills of lading_ 65
Functions of a bill of lading. 66
VI. The foreign-freight forwarder____ 68
Operations of freight forwarders_- 68
Instructions to the forwarder___. 72
3
4 CONTENTS .
Page.
VII. Shipping procedure ---. 79
Outline of forwarding operations___. 79
Placing goods aboard vessel_ 81
66 84
Shipments on through " bills of lading..
Shipper's export declaration_. 85
VIII. Ocean bills of lading--- 89
Preparation of ocean bills of lading- 89
Payment of freight charges___. 90
Conditions of the transportation contract_- 91
IX. Marine insurance_ 100
Risks covered by marine insurance . 100
Terms and conditions of policies- 104
X. The consular invoice____ 111
Invoice regulations of Cuba_- 111
Invoice regulations of Brazil. 116
Invoice regulations of France-- 119
Invoice regulations of Japan_. 123
General rules for invoicing export goods_- 123
XI. The financial papers_. 126
Bill of exchange_ 126
Documents accompanying bill of exchange__ 127
Discounting drafts under Federal reserve act_. 128
Methods of handling drafts_- 129
Credits and letters of credit_ 131
Notes on the financing of foreign trade_. 136
Appendix : India House rules for F. O. B_ 147
Forms for practice work‒‒‒‒‒ 152
LETTER OF SUBMITTAL.
DEPARTMENT OF COMMERCE ,
BUREAU OF FOREIGN AND DOMESTIC COMMERCE,
Washington, February 17, 1920.
SIR : There is submitted herewith a monograph on " Paper Work
in Export Trade," which aims to illustrate present practice in ex-
porting. During the past few years a large number of new concerns
have joined the ranks of exporters in the United States in order to
take advantage of the opportunities offered by the great increase in
trade which occurred during the war. This new accession of busi-
ness at a time when the world was disorganized by war conditions
resulted in frequent difficulties. At this time, when foreign trade is
again returning slowly to normal , it is important that an extra effort
be made to conduct our trade in the most acceptable and reliable man-
ner. This treatise on document technique, dwelling as it does on
different steps in an export trade transaction, should prove useful to
firms that are endeavoring to steadily improve and perfect their
methods of handling oversea shipments. Careful study devoted to
an export trade transaction will pay large returns in the good will
and confidence of foreign customers. That there is a desire on the
part of American exporters for just such information as is contained
here has been demonstrated constantly by inquiries coming into the
Bureau.
Dr. Snider prepared the main part of the text ; Mr. Maule supplied
the documents used in representative transactions and commented on
the practice followed in handling the forms ; and Dr. MacElwee con-
ceived the work, planned the method of presentation and arrange-
ment of the documents, and gave it much personal supervision.
Respectfully,
PHILIP B. KENNEDY, Director.
To Hon. J. W. ALEXANDER,
Secretary of Commerce.
5
PAPER WORK IN EXPORT TRADE.
CHAPTER I.
THE INQUIRY .
NATURE OF AN INQUIRY .
A TYPICAL INQUIRY .
taken from and represents the bulk. The term " sample " is usually applied
to specimens of agricultural or raw products ( wool , cotton , mohair, silk,
wheat, seeds, etc. ) ; to foodstuffs (butter, lard , etc. ) ; to liquids ( wine, spirits,
oil, etc. ) ; to certain manufactured articles ( leather, sugar, etc. ) ; and to
semimanufactured articles (tops, noils, yarns, etc. ) . The term " pattern " is
applied chiefly to specimens of piece goods of silk, wool, cotton, etc. , and other
manufactured articles.
Standard or type.- A " standard " or " type is a sample or specimen repre-
senting a certain recognized and well-known quality ; for example, in the cot-
ton trade " Fine Broach " signifies cotton grown in the district of Broach
( India ) , of the quality or class known as " fine," sold on a standard fixed by
the Liverpool Cotton Brokers ' Association. Goods ( mostly agricultural products )
sold on these terms are usually for delivery at some future time. If, when the
goods are tendered, they are found to be inferior to the standard, an allow-
ance, settled by arbitration, is usually made.
Description or brand. —In this case the goods are sold under some well-known
brand, trade-mark, or description , a sample or standard being unnecessary ;
for example, “ Hennessy's Three Star Brandy,” “ Bannermill 2 fold 4 Os. Mule
Twist," etc.
On approval means that the person to whom the goods are offered has the
option of either accepting or refusing them after examination.¹
Vuillifans Cie. have been purchasing wire rods during the period
of the war from the Export Corporation , and in a previous order
their specifications called for Brown & Sharpe, or the American wire-
gauge standards, and it is on the basis of these previous orders that
the Export Corporation makes its quotation . Both seller and buyer,
however, would have been better protected and the possibilities of
misunderstandings would have been eliminated if Jose Vuillifans
Cie. had indicated the standard B. & S. or A. W. G. in their letter
of inquiry.
THE QUANTITY.
TIME OF DELIVERY .
Other terms used ( in the import trade chiefly) are the following :
Spot means that the goods are actually "on the spot" and ready for delivery,
as distinguished from goods "to arrive."
Ex quay means that the buyer has to take delivery of the goods when landed
on the quay.
Prompt sale means that the goods sold are to be paid for and taken delivery
of on a specified date, known as the prompt day.
Shipment, coupled with the name of a month or a date, as "March shipment,"
means that the goods are to be shipped on board the vessel during the month
named ; "15 May shipment" means shipment on board not later than the 15th
1 For a fuller discussion of the significance of these terms, see Appendix.
2 Hooper and Graham : " Import and Export Trade."
12 PAPER WORK IN EXPORT TRADE.
of May ; "March-April shipment" means shipment any time from the 1st of
March to the 30th of April.
Prompt shipment and immediate shipment usually mean that the goods must
be shipped within 14 days after the date of the contract.
Sailing is used in the same manner as "shipment," but means that the vessel
carrying the goods must actually sail from the foreign port within the time
named.¹
TERMS OF PAYMENT.
Vuillifans asks for " your terms of payment ." The terms of pay-
ment on account of export shipment are many and varied , depending
wholly on the size of the houses doing business , their financial respon-
sibility, and the commodities being purchased . The terms most fre-
quently used are as follows :
(1 ) Payment in country of exporter upon presentation of full set of ocean
documents, confirmed irrevocable letter of credit established for full amount
of contract for duration of contract.
(2 ) Payment upon presentation of full set of ocean documents at office of
purchaser.
(3) Payment upon presentation of full set of ocean documents upon arrival
of material.
(4 ) Payment 30, 60, or 90 days after date of draft, documents to be delivered
upon acceptance of draft.
(5) Payment 30, 60, or 90 days after sight of draft, documents to be delivered
upon acceptance of draft.
(6 ) Payment upon arrival of material, subject to inspection and acceptance.
There are many other terms which may be used by the various
exporters of the world, but these are the ones mostly used.
Payment in country of exporter upon presentation of a full set of
ocean documents, confirmed irrevocable letter of credit established for
full amount of contract for duration of contract, are terms which were
employed very much during the war. Payment is effected upon
presenting to the bank a full set of ocean documents covering ship-
ment.
Payment upon presentation of a full set of ocean documents at
office of purchaser means that payment will be made at office of
consignee, when exporter's bank or agent presents draft together with
a full set of ocean documents.
Payment 30 , 60, or 90 days after date of draft, documents to be de-
livered upon acceptance of draft, means that payment will be made
in a specified time after date of draft. The usual procedure is : The
exporter's bank or agent presents draft, with documents attached,
to consignee, who writes across the face of the draft "Accepted," and
signs his name. This draft is payable at consignee's bank or office
within the specified time. The draft is then held until maturity date,
when payment is made and remitted to the drawee.
1 Hooper and Graham : " Import and Export Trade."
PAPER WORK IN EXPORT TRADE. 13
KOJI FUKUSHIMA,
Kobe, Japan.
SEPTEMBER 15, 1918.
EXPORT CORPORATION,
New York City.
Quote CIF Kobe five each gauge twelve thirteen fourteen fifteen
checkered head counter sunk wire nail machines set up stop state
best delivery terms payment.
KOJI FUKUSHIMA ,
Kobe, Japan.
TRANSACTION D-MAIL INQUIRY FROM BRANCH OFFICE.
Cable address :
Aljon, Paris. ALLEN B. JOHNSON,
Code used :
Lieber's . Rue Lafayette, 13, Paris, France.
NOTE. A quotation was made to Jose Vuillifans Cie., but no reply was re-
ceived. The transaction is therefore dropped at this point.
THE QUOTATION.
Now that the inquiry has been received by the exporter, it is neces-
sary for him to prepare a reply or quotation. He finds out where and
at what price he can secure the desired material, finds out from a
forwarder what are the railroad and ocean freight charges, and from
an insurance broker the cost of insurance. He then determines his
price and cables or sends by mail his quotation. It is necessary that
the utmost care be exercised in making this quotation . By this we
mean that he should state his price and terms very plainly, including
terms of payment and time of delivery.
The Export Corporation is not a manufacturer of Portland cement
or soft steel bars, and in order to quote a price C. I. F. Habana , Cuba ,
to W. A. Thompson & Co. (transaction A) , it must secure offers
from manufacturers or dealers in these products. It must also esti-
mate the freight space required and secure an option on that space at
a price ; it must estimate any handling, forwarding, and storage
charges ; it must ascertain the insurance rate ; it must calculate the
interest on the money that will be tied up in the 30-day sight draft
from the time its obligation is due the manufacturer until the draft
is paid and the funds received in New York ; and it must figure over-
head expenses and profits.
known as the traffic manager, with two main assistants, one handling rates,
known as the rate clerk, and the other a car clerk, who looks after the move-
ments and the tracing of all cars and the ordering of the material to the
ships for ocean shipment.
GENTLEMEN :
Will you kindly favor us by giving below your experience with-
Name_
Address___
Yours truly ,
EXPORT CORPORATION,
New York City.
Date : Sept. 7, 1918.
PURCHASING DIVISION :
We have accepted specification from W. A. Thompson & Co,
Habana, Cuba
Inquiry 1426 ---- Order A ___ Cost _ -_-per barrel f. o. b . New York---
Tonnage 500 barrels . Shipment at once_
Material Atlas Portland Cement_
Remarks :.
SALES DIVISION,
Per
Accepted___ Date_.
EXPORT CORPORATION,
42 Broadway, New York, N. Y.
JULY 21, 1918.
ATLAS CEMENT CO.,
New York, N. Y.
DEAR SIRS : Will you kindly note your lowest export prices and
discounts opposite each item specified on the back of this sheet?
In addition please answer following in blank spaces opposite
each question :
Best cash discount..
Where are the goods delivered ( i. e., F. O. B. cars factory, F. O. B.
cars New York, or F. O. B. vessel New York ) _.
Cost, if any, of packages or cases is____
Time required to complete order is_ .
Folio_
Yours truly ,
Purchasing Department.
THIS IS NOT AN ORDER.
Please return this form with your quotations noted thereon.
1 The export department of a manufacturing plant may treat its own factory as an
independent source of supply insofar as this routine of the order is concerned.
2 This price is inserted on the form sent by the sales department.
PAPER WORK IN EXPORT TRADE. 21
On the reverse side of this inquiry is the item " 500 barrels Atlas
Portland cement. "
NOTE.-" Portland cement 99 is a trade designation, but "Atlas Portland
cement " is a trade-marked product of The Atlas Portland Cement Co. This
company's catalogues guarantee the quality to pass all standard specifications
such as those of the American Society for Testing Materials. These specifica-
tions are easily ascertained by the trade, and thus the purchaser knows the
quality of the goods ordered. The advertisements of the Atlas Portland
Cement Co. state that "Atlas Portland cement " is shipped in barrels of 400
pounds gross weight, or 376 pounds net weight.
The Atlas Portland Cement Co. replies as follows :
The " Terms, conditions, and limitations " printed on the reverse
side of this form letter and made a part of the contract were as
follows :
Payment. On approved credit, payment in full in New York City funds on
presentation of shipping documents in New York, less discount of two cents (2c. )
per barrel.
Shipments and deliveries.-The purchaser shall give shipping instructions in
writing to the cement company a reasonable time before deliveries are to be
made, giving definite date for delivery, name of steamer , and loading pier.
Orders placed with the cement company for delivery on a specific date will if
possible be delivered on that date, but the cement company will not be liable
1 See Standard Specifications and Tests for Portland Cement, Industrial Standards
Series No. 1, Bureau of Foreign and Domestic Commerce.
22 PAPER WORK IN EXPORT TRADE.
EXPORT CORPORATION.
DETERMINATION OF C. I. F. QUOTATION.
1 The practice form is somewhat different than the one here shown, but accomplishes
the same end.
24 PAPER WORK IN EXPORT TRADE .
TRANSACTION A-QUOTATION.
Cable address :
Excorp, New York.
Code used : EXPORT CORPORATION,
A. B. C., 5th ed. 42 Broadway, New York, N. Y.
AUGUST 1 , 1918.
Messrs. A. W. THOMPSON & Co. ,
San Ignacio, 75, Habana, Cuba.
DEAR SIRS : We have your valued inquiry of July 15th for cement
and steel bars, and are pleased to transmit to you herewith for
your consideration our quotation :
Material : 500 barrels Atlas Portland cement.
100 gross tons 1/2 " soft steel bars 20' long.
Price : $10.00 per barrel for cement.
$6.00 per hundred pounds for steel bars.
Both prices C. I. F. Habana, Cuba , including war- risk
insurance.
Terms : 30 day sight draft, documents on acceptance.
Delivery : From New York within sixty days from receipt of
order, subject to delays due to conditions beyond
our control, Government restrictions, etc.
This quotation is subject to acceptance within thirty days from)
date, said acceptance to be in our hands prior to that time, other-
wise quotation will be considered as withdrawn.
Yours, very truly,
EXPORT CORPORATION.
TRANSACTION B-INQUIRY (MAIL) .
Cable address :
Texbro, Rio de Janeiro.
Code used : TEIXERIO & BROGAS CO. ,
Bentley's. 20 Callo del Rean, Rio de Janeiro, Brazil.
JULY 15, 1918.
EXPORT CORPORATION ,
42 Broadway, New York, N. Y.
DEAR SIRS : We would be pleased to have your quotation C. & F.
Rio de Janeiro on 500 cases Pratt's turpentine and 5 gross tons
hops, best grade. Will you kindly at the same time advise us your
best delivery, together with terms of payment, etc.
An early quotation will be appreciated.
Yours very truly,
TEIXERIO & BROGAS Co.
(c ) Quantity.
(d) Commodity.
(e) Price and delivery point.
(f) Foreign destination.
(g ) Package, kind and gross and net weights and tare.
(h) Terms of payment.
(Separate packing list not necessary, as all barrels are
of same size and weight and contain same commodity. )
Pro forma invoice used by exporters.
(a ) Preparation of application for export license.
(b ) Memo to shipping department to engage freight as soon
as license is granted .
(c) Memo to cashier for purpose of estimating prospective
requirements of funds.
(2 ) One copy to salesman traveling territory to which cement is
destined.
(3 ) One copy in file holding all papers in connection with a par-
ticular order ; this is filed numerically.
(4 ) One copy in alphabetical file for ready reference and compila-
tion of periodical statements showing commitments for
future shipments, etc.
5. Recording on a summary of orders received that day. This for statis-
tical department, which prepares composite reports for various
departments interested in figures showing volume of commitments
for future shipment, mill prices, etc.
6. Formal acceptance of order to exporter by letter. The acknowledg-
ment submitted is a filled-in standardized form, and if order specifies
any conditions not covered by the standardized form, a special letter
covering such conditions accompanies the acknowledgment.
C. ADVICE BY EXPORTER THAT LICENSE HAS BEEN GRANTED. Our reply advising
shipment is ready and soliciting shipping instructions.
D. RECEIPT OF SHIPPING INSTRUCTIONS FROM EXPORTER.- Specifying : ( a ) Name
of steamer ; ( b ) pier ; ( c ) delivery date.
Accompanied by : ( a ) Permit ; (b ) dock receipt ; ( c ) export
declaration .
1. Listing shipping instructions ( setting up details of order on manu-
facturer's office form ) .
2. Approval by credit department. ( This is again necessary, as consider-
able time may have elapsed between time order was received and
shipping date. )
3. Distribution of copies of order forms to departments interested.
(1 ) One copy to accounting department at New York for prepara-
tion of true invoice. (Invoice is sent to exporter as soon
as it is fairly certain that delivery as called for will be
effected. This gives exporter plenty of time in which to
make up necessary consular and clearance documents.
( 2 ) One copy to accounting department at mill for record and
statistical purposes.
(3 ) Two copies to mill shipping department ( 1 copy for preparing
shipment, 1 copy for preparing stencil ) .
(4) One copy to salesman traveling territory to which cement is
destined.
(5) One copy to inspector who inspects deliveries in New York
Harbor,
30 PAPER WORK IN EXPORT TRADE .
99 ORDER.
THE 66' FIRM
The buyer has asked for a confirmation of this order by the Export
Corporation, and in order to complete the contract the Export Cor-
poration sends a confirmation of sale, or " Acknowledgment of
order," signed by an officer or employee of the corporation em-
powered to make such contracts. Confirmations are usual in the ex-
port trade in order to prevent misunderstandings.
On this form the material is plainly stated , quality, quantity , and
description of the same, price , terms, and shipment plainly indicated,
and space allowed for any special remarks governing the transaction.
On the reverse side of this form is printed the general conditions
governing sales made for export . Chief among these conditions are
the ones which point out to the purchaser or consumer that the order
31
32 PAPER WORK IN EXPORT TRADE.
tions be limited or waived by any other terms of this contract, whether printed
or written ; such contingencies shall not release the purchaser from his obliga-
tions to pay for the goods in accordance with the terms of sale. Provided,
however, That in the event of such unavoidable delay the purchaser may, sub-
ject to previously obtaining the consent of the seller, cancel such portion of the
goods already specified as is not manufactured nor in process of manufacture
at the time his request to cancel reaches the manufacturer's works.
4b. The seller may ship any portion of the goods as soon as completed at the
manufacturer's plant, and payment for that portion of the goods shipped shall
become due in accordance with the terms of payment herein specified . Insist-
ence upon suspension of manufacture or suspension of any shipment if not
acquiesced in by the seller may be treated by the seller as a wrongful termina-
tion of the contract on the part of the purchaser ; and the purchaser shall there-
upon be liable for all damages arising out of such termination.
5. Specifications and shipping instructions.--In the event of the purchaser's
failing to furnish complete specifications and instructions within the time speci-
fied in the contract, the seller shall be entitled, at its option, to cancel such
portion of the contract as may remain unexecuted, or to make shipments in
accordance with the specifications and instructions which the purchaser may
have furnished for previous shipments on account of the same or a previous
contract.
6. Inspection -If the purchaser requires inspection, it must be made at
manufacturer's plant, and such inspection and acceptance shall be final. Rea-
sonable facilities will be afforded to inspectors representing the purchaser. to
inspect material and to apply, previous to shipment from the manufacturer's
plant, tests to which the seller has previously agreed .
7. Claims.- Claims will be considered by the seller only when made promptly
after receipt of the goods and due opportunity has been given for investigation
by seller's own representatives. No claims for labor nor involving conse-
quential damages will be recognized . Goods must not be returned except by
permission of seller.
8. Damage in transit.—The seller agrees that the goods shall leave the manu-
facturer's plant in good condition , and the purchaser assumes all risks of rust
or other damage during transportation.
9. General.- The goods are to be exported to the destination stated by the
purchaser at the time the inquiry is made, and the purchaser guarantees that
the goods will be shipped to that destination, and agrees to furnish , if re-
quired by the seller, a landing certificate, duly signed by the customs authorities
at the port of destination , certifying that the goods have been landed and
entered at that port.
The seller reserves the right, even after partial payment on account of
any contract with the purchaser, to require from the purchaser satisfactory
security for the due performance of his obligations, and refusal to furnish
such satisfactory security or the failure of the purchaser to execute any of
his obligations under this or any other existing contract will entitle the seller,
upon notice to the purchaser, to suspend shipments or cancel the contract,
or so much of it as may remain unexecuted , without prejudice to any claim
for damages the seller may be entitled to make.
10. Terms.- Unless otherwise stated in quotation , seller's terms are under-
stood to be net cash in exchange for relative documents mentioned herein,
to be tendered to bankers approved by the seller, with whom irrevocable credit
is to be established when order is entered and before goods are manufactured.
125740°-20- 3
34 PAPER WORK IN EXPORT TRADE .
11. Every quotation is based on the understanding that if accepted , and the
seller should elect, formal contract satisfactory to the seller will be signed by
the purchaser.
12. Remarks. It is understood that all orders placed are irrevocable, and
no cancellation will be considered.
In the event of railroad embargoes, or other causes beyond the control of
the seller or of the manufacturer, preventing shipment of goods after manu-
factured, the goods shall be stored for buyer's account and risk, and de-
livery thereof F. O. B. cars or trucks at manufacturer's works for transporta-
tion to the warehouse or warehouses where they are to be stored shall be full
and final delivery.
DEFINITION OF TERMS .
the very cheapest route, or the best, or the most direct ; no agent is bound
to the highest possible degree of skill. His duty is done if he ships the goods
by any line that ever is chosen , or would be chosen by a person of reasonable
caution dealing with his own goods of the like kind and value.
The terms of the contract are next to be looked after, especially as regards
the place of delivery and the cost and risk of transportation. If the contract
is silent on these points the buyer accepts his goods wherever they may be
at the time of sale. In a great majority of cases, however, the contract con-
tains some provision as to these matters. Most sales of goods to be taken to
a distance are now made upon what are known as F. O. B. or C. I. F. terms.
In an F. O. B. sale the seller undertakes to deliver the goods free on board.
The place of delivery may be either the shipping point or the destination. It
is always better to name the place in the contract. If it is not named, the
courts, unless there is some usage or some expression in the contract to lead
to a different conclusion, will hold that delivery is to be made at the shipping
point ; this because the expense of transporting goods is not to be placed upon
the seller unless he has agreed to bear it.
Suppose the contract, then, to be for delivery "F. O. B. ( free on board )
shipping point." This places upon the seller the duty of packing the goods
properly, placing them on board, addressing them to the buyer, securing such
shipping documents as will enable the buyer to take possession of the goods
when they reach him, and forwarding these documents to the buyer. So much
being attended to , the seller's whole duty is done. He is not concerned with
the time at which the goods may reach the buyer, the condition in which they
reach him, nor, in fact, with the question whether they ever reach him at
all. The carrier is the buyer's agent, and all questions arising after a proper
delivery to the carrier by the seller are to be settled between the carrier and
the buyer.
Two points of dispute have arisen out of contracts of this kind. About one of
them there may be some slight doubt, but about the other there is no doubt at
all. The contract compels the seller to deliver the groods free on board at the
shipping point, but it does not say on board what sort of vehicle they are to be
delivered. Suppose the goods have been sold for shipment to South America,
and suppose they have come to the New York seller, or are to come, on cars from
the west, or on a steamer from Europe. Now, it may occur to the seller, and
sometimes it has occurred to him, that the ambiguity of the contract is such as
to admit of his making a valid tender of the goods on board that vehicle which
has brought them to him, but which will not take them any farther. This is the
point about which there is no doubt. Such a tender will not do. The proviso
" free on board " is intended for the buyer's benefit, and it is of no possible ad-
vantage to him to have the goods on board a vehicle capable of moving if it is
not going to move in his direction. " Free on board " in and of itself means free
on board some vehicle that will take the goods to the buyer.
The doubtful point arises in this way. Suppose it is to be admitted , or to be
provided by contract, that the goods are to be delivered " free on board cars at
the shipping point." Suppose the seller has side tracks running into his own
yard or works, and suppose there is a switching charge for transferring the
cars to the main track. Is this charge to be borne by the seller or the buyer ?
This seems never to have been decided by any court of final resort. The writer
gives it as his opinion, however, that the seller must make a tender upon the
main line ; that the buyer has a right to rely upon the published schedule of
rates from shipping points to destination ; that he is not concerned with any ar-
rangement between the carrier and the seller allowing the latter to load his
goods elsewhere than upon the main lines of the carrier's system.
36 PAPER WORK IN EXPORT TRADE.
In due course Teixerio & Brogas Co. received the quotation for-
warded to them under date of September 10, 1918, and this is their
reply, in the form of an order, received by cable :
EXPORT CORPORATION,
42 Broadway, New York, N. Y.
NOVEMBER 12 , 1918.
Messrs. TEIXERIO & BROGAS CO. ,
Rio de Janeiro, Brazil.
DEAR SIRS : We wish to acknowledge receipt of your valued
cable order of even date, which we will forward to the mill for final
approval and acceptance under conditions as stipulated below and
printed on the back of this sheet.
Description : Hops and turpentine.
Quality : Grade "A" hops and Pratt's turpentine.
Price : $13.50 per 100 pounds for the hops.
$8.50 per case for the turpentine.
Both prices C. I. F. Rio, including war-risk
insurance.
Terms : 120 days date draft, documents to be delivered
upon acceptance of draft.
Delivery : Within four to six weeks from mill. We are not
responsible for any delays beyond our con-
trol, due to strikes, floods, or Government
actions. Also subject to our being able to
secure Federal export license.
Assuring you that your order will have our very best attention,
and awaiting your further commands, we are
Yours very truly,
EXPORT CORPORATION.
TRANSACTION C.
EXPORT CORPORATION,
42 Broadway.
NEW YORK, September 30, 1918.
Messrs. JACQUES DUSSOT & Co.,
Nantes, France.
GENTLEMEN : We wish to acknowledge receipt and thank you
for your order transmitted to us by our Mr. A. B. Johnson, which
PAPER WORK IN EXPORT TRADE . 41
we will forward to the mill for final approval and acceptance under
the conditions as stipulated below and printed on the back hereof.
Quantity : 1,000 cases, each case containing 48 one-pound tins
salmon.
1,000 cases, each case containing 48 one-pound tins
lobster.
Description : Red Alaska salmon and Canadian lobster.
Quality : Must be standard quality of this year's packing.
Price : $48.50 per case for the salmon.
$45.50 per case for the lobster.
Both prices C. I. F. Nantes, including war- risk
insurance.
Terms : Sight draft with ocean documents attached.
Shipment : Shipment within five days from New York.
Remarks : This sale is made to you with the understanding
that we will not be responsible for delays which
are due to conditions beyond our control.
EXPORT CORPORATION .
One of the greatest causes for delays in shipment of foreign orders in every
decade has been the very human failure of the foreign merchant to express his
needs and his desires so clearly that no point was without its adequate answer.
It is, of course, impossible by any form or set of instructions to eliminate the
human element and thus abolish at one swoop the real source of error. Never-
theless it is not only possible but highly advisable to encourage the use of forms
which provide for the essential factors in any order and at the same time supply
beyond cavil or doubt all data, even though a matter of record elsewhere.
EXPORT CORPORATION,
42 Broadway.
NEW YORK, September 30, 1918.
Messrs. JACQUES DUSSOT & Co.,
Nantes, France.
GENTLEMEN : We wish to acknowledge receipt and thank you
for your order transmitted to us by our Mr. A. B. Johnson, which
PAPER WORK IN EXPORT TRADE. 41
we will forward to the mill for final approval and acceptance under
the conditions as stipulated below and printed on the back hereof.
Quantity : 1,000 cases, each case containing 48 one-pound tins
salmon.
1,000 cases, each case containing 48 one-pound tins
lobster.
Description : Red Alaska salmon and Canadian lobster.
Quality : Must be standard quality of this year's packing.
Price : $48.50 per case for the salmon.
$45.50 per case for the lobster.
Both prices C. I. F. Nantes, including war- risk
insurance.
Terms : Sight draft with ocean documents attached.
Shipment : Shipment within five days from New York.
Remarks : This sale is made to you with the understanding
that we will not be responsible for delays which
are due to conditions beyond our control.
EXPORT CORPORATION.
One of the greatest causes for delays in shipment of foreign orders in every
decade has been the very human failure of the foreign merchant to express his
needs and his desires so clearly that no point was without its adequate answer.
It is, of course, impossible by any form or set of instructions to eliminate the
human element and thus abolish at one swoop the real source of error. Never-
theless it is not only possible but highly advisable to encourage the use of forms
which provide for the essential factors in any order and at the same time supply
beyond cavil or doubt all data, even though a matter of record elsewhere.
National Association of Manufacturers : " An Export Order."
42 PAPER WORK IN EXPORT TRADE.
When an order is sent in from the foreign market by the salesman, it should
contain the following information :
ANALYSIS OF ORDER.
SHIPPING INSTRUCTIONS.
The purchase order mailed to the Atlas Portland Cement Co. di-
rects that goods be consigned on the railroad bill of lading to the
Export Corporation (ship to ourselves ) and that the railroad com-
pany is to notify the Export Corporation on the arrival of the goods
at New York (notify ourselves ) . The Atlas Portland Cement Co.
is to ship over the best route to New York City and to mark the bill
of lading " for export " in order to secure free lighterage (usual
route to New York for free lighterage ) .¹ The freight is to be pre-
paid by the Atlas Co. , as its quotation was F. O. B. New York.²
DESCRIPTION OF THE GOODS.
1 For discussion see Chap. V. 2 See Chap. II. 3 See Chap. III.
PAPER WORK IN EXPORT TRADE . 47
America. Even perishable goods packed in tin-lined cases are not safe if they
have been packed in the United States during wet weather. In Venezuela,
for example, food products, such as dried fruit and cereals, if packed in card-
board boxes, are soon spoiled by tropical moisture or by attacks of worms and
weevils.
Port conditions in foreign countries are a large factor in determining the
requirements of adequate packing. If lighterage is employed goods are usually
roughly handled . Most of the complaints from the west coast of South
America, for example, are due to the fact that the exporter fails to provide
against the rough handling to which goods are exposed in passing from ship to
shore.
Proper marking of export shipments is as important as proper packing. In
shipments to some foreign countries mistakes in marking are very costly to
the importer. For instance, in a country where it is prescribed that each
package of a shipment shall receive a serial number, all goods bearing duplicate
numbers may be subjected to a heavy fine in the form of an increase in duties.
The utility of such marks as " This side up " and " Handle with care " is
doubtful. Such instructions may be observed at the loading point in this
country, but they are useless at the other end of the route unless inscribed in
the language of the country to which the goods are shipped. Even then too
much faith should not be placed in their efficacy.
In some countries it is inadvisable to advertise on the exterior the contents
of the package, for such advertising indicates to the would -be pilferer his
opportunity.
The marks should be legible and ineffaceable under all conditions imposed in
handling, and their arrangement on the package should be such as to facilitate
rapid handling.
In packing goods for export the shipper must consider, not only the adequacy
of the packing to protect the merchandise in transit, but also its effect on the
amount of duty that will be imposed upon the arrival of the merchandise at the
place of destination. In the case of an article subject to a high rate of duty on
gross weights, the weight of the packing may prove a very important factor in
determining the cost of the merchandise to the importer, and in some cases
the duty on the packing may exceed that on the contents.
In most of the European countries the dutiable weight of the imported mer-
chandise is determined by the rate of duty ; that is, as a general rule, merchan-
dise subject to a rate of duty above a certain amount is dutiable on actual or
legal net weight, while merchandise subject to a lower rate is dutiable on gross
weight. In the Latin-American countries there is no such line of demarcation,
the basis for duty being indicated in the tariff for each item. By actual net
weight is meant the weight of the merchandise alone, without any packing ; by
legal net weight is understood the gross weight less a certain percentage for
tare, which differs in accordance with the container, and is fixed by a schedule
annexed to the tariff. If the importer is dissatisfied with the tare allowance in
the schedule he may usually have the merchandise weighed, at his expense, and
duty levied on the actual net weight. In some countries the weight of the im-
mediate containers, such as cardboard boxes, paper wrappers, etc., is sometimes
included in the dutiable weight of the article.
Articles of commercial value used as containers are, as a rule, dutiable sepa-
rately. In France such articles, imported as containers of merchandise dutiable
on gross weight, are dutiable separately only if the rate applicable to them ex-
ceeds by more than 10 per cent the rate applicable to the contents. Goods
packed in a manner to prevent inspection by the customs officers are subject in
PAPER WORK IN EXPORT TRADE. 49
some countries, notably in Germany and Switzerland, to the highest rates pro-
vided for in the tariff.
By keeping the weight of the packing as low as is consistent with safety in
carriage, the duty may be reduced to the minimum, not only in the case of arti-
cles dutiable on gross weight, but also in the case of articles dutiable on
legal net weight, since the latter is ascertained by deducting a fixed percentage
from the gross weight. Resort to packing of an unusual charcater for this pur-
pose frequently defeats its own object, for in such cases the customs officers may
refuse to allow legal tare and insist on actual weighing. In some cases a saving
in duty may be effected by shipping the inner containers separately from the
merchandise for which they are intended. Thus in Mexico, for example, in the
case of goods duitable on legal net weight, imported without inner containers,
the weight of the goods alone is taken as a basis for duty, while the inner con-
tainers shipped separately may sometimes be admitted at a lower rate of duty.
Mixed packing, that is, the packing in the same receptacle of articles subject
to different rates of duty or different tare allowances, may subject the importer
in some Latin American countries to the payment of a fine, usually in the form
of a higher rate of duty. In most countries, however, mixed packing is allowed,
provided the merchandise is properly declared.
The price agreed upon was $8 per barrel , delivered to the steamer in
New York ($8 per barrel F. O. B. steamer, New York) . The terms
were net, that is, no discount on price quoted , and payment was to be
made on the delivery of the goods (terms net cash ) .
The special instructions make this order subject to the Export Cor-
poration's ability to secure an export license. The railroad bills of
lading must be sent in triplicate, two for the corporation's files and
one to surrender to the carrier. These bills must be plainly marked
with the order number (order A ) and the shipping marks
WAT CO.
EC
Habana
No. 1-500.
MARKING.
The proper marking of packages for export is one which can not be
over emphasized. B. O. Hough explains the importance of this point
in his treatise on " Practical Exporting " (pp. 443–446 ) as follows :
Cases for foreign shipment are not addressed to customers by their names
in full. Symbols are used. Reasons for this practice include : Quicker iden-
tification of packages on docks, in the ship's cargo, in loading and unloading,
in shipping manifests ; abbreviation in the writing of documents, bills of lad-
ing, manifests , etc., and finally, secrecy, concealing the actual names of the
consignees, both from observers at this end and from competitors of consignees
at the other end.
In some foreign countries mistakes in marking are very costly to the im-
porter. For instance, in a country where it is prescribed that each package
of a shipment shall receive a serial number, all goods bearing duplicate num-
bers may be subject to a heavy fine in the form of increased duties.
Necessary marks.- None but the absolutely necessary marks should appear
on export cases. If secondhand cases are used, all old marks should be thor-
oughly erased. Anything save the essential particulars serves only to con-
fuse. Advertising matter on the exterior of cases for foreign shipment is
almost useless as advertising, gives a clue to thieves as to the contents
of the case and preferably should be omitted. The required marks should
not only be legible, but they should be prominent and ineffaceable under all
conditions. Their arrangement on the surface of the package should be such
as to facilitate rapid handling.
The essential marks are : The symbol or device of the consignee ; the name
of the port, usually placed underneath the symbol ; the serial number of the
case ; the gross and net weights in pounds or in kilos or in both, as may be re-
quired ; sometimes the measurement of length, breadth, and thickness of the
package in feet and inches.
The consignee's mark. The symbol, which represents the consignee and
which is often arranged by him, may be written in a great variety of forms.
It usually consists of one or several letters, either alone or in conjunction with
a diamond, a triangle, a square, a circle, a heart, or some similar design.
The following are typical examples of such symbols as employed in export
shipping :
PAPER WORK IN EXPORT TRADE. 51
A B
со XYZ
B 489
INVOICES.
EXPORT CORPORATION,
42 Broadway, New York, N. Y.
Special instructions :
Dock receipt must be turned over to us in time to enable us to have it
changed into ocean bill of lading so that documents will go forward on same
steamer as material.
54 PAPER WORK IN EXPORT TRADE.
Invoices must bear net, tare, and gross weights, also the size of each case.
Packing must be usual for export.
All cases must be plainly marked T. & B. Co.
EX
Rio.
Cases of turpentine must be numbered from 100 up and hops must be num-
bered from 1 up.
EXPORT CORPORATION.
EXPORT CORPORATION,
42 Broadway, New York, N. Y.
66 C."
To : American Machine Co. , Sterling, Order No. "
Ill. Date : September 26, 1918.
Ship to : Your order. Freight : Prepaid.
Notify : Us at Seattle, Wash. Inspection : No special.
Route : Via Northern Pacific. For export to : Japan.
Material : 20 wire nail machines. Shipment promised : At once.
Quality : Standard checkered head Terms : Cash vs. railroad bill of
countersunk wire nail ma- lading.
chines set up ready for
operation.
How put up : In cases packed for ex-
port.
Shipment desired : At once as per your
quotation.
Prices : $1,200, each, F. A. S.: Seattle.
Special instructions :
Shipment must be made at once, on an order bill of lading. Export license
has been applied for and will probably be granted at once, at which time we
will forward you number, also permit number for shipment. All invoices and
packing lists must be properly marked with our order numbers and marks, and
must bear gross, tare, and net weight of each case, also measurement of each
case, and must be properly cased and strapped for export.
EXPORT CORPORATION .
PAPER WORK IN EXPORT TRADE. 55
EXPORT CORPORATION,
42 Broadway, New York, N. Y.
To: Portland Packing Co., Order No. " D.”
New York City.
Ship to : Order yourselves. Date : November 30, 1918.
Notify : Us, at 42 Broadway, N. Y.
Route : From your warehouse. Freight : None.
Material : Red Alaska salmon and Canadian lob-
ster put up in tin cans 1 pound each,
and packed in cases 48 to a case.
How put up : In cases strapped for export. For export to : France.
Shipment desired : At once. Shipment promised : At once.
Prices : $36.50 per case for salmon and $33.50 per
case for lobster.
F. O. B.: Warehouse, N. Y.
Special instructions :
Material must be very strongly packed for export. Invoices and packing lists
must contain gross tare and net weights, together with measurements of cases,
and must show our order number clearly, together with marks.
Do not have ready to ship for us until we advise you that export license
has been granted and we have arranged for ocean space.
EXPORT CORPORATION .
Invoices must bear net, tare, and gross weights of each package or bundle,
and must be marked for export.
Bars must be securely tied for export.
Bars should be marked on end with a dab of white paint.
100 gross tons . Softsteel bars...... 1/2'' x 20' long ..... 224,000 lbs ...... With white paint.
EXPORT CORPORATION.
ACCOUNTING
of Two Cents perbarrel
CHARGE TO THE EXPORT CORPORATION
ADDRESS #115 BROADWAY, NEW YORK , N.Y. TRANSPORTATION CHOES FRT. per BBL.
.COPY
..COPY
DEPT
IN BAGS WOOD
DEPT
ING
SHIPMENT TO SEABOARD.
When the order is ready for shipment to the seaboard the manu-
facturer must exercise great care in complying with shipping instruc-
tions. If the route is not designated in the order the traffic depart-
ment of the manufacturer must ascertain the cheapest and best route.
Through rates are in effect on most commodities, especially from
points in the Official and Southern Classification territory to the
North Atlantic seaboard. Having selected the route, the shipper
must arrange with the railroad company for cars, if he is shipping
in carload lots.
See that regulations of the Inflammable and Explosive Bureau are fully
complied with ; also fiber board case rule.
Sign name of shipper ( with name of shipping clerk ) on Shipping order."
If you use fiber board, pulpboard, or double-faced corrugated strawboard
boxes, be sure that such containers conform with the classification require-
ments, for there are restrictions involving their use and penalties where the
classification requirements are not complied with.
If you use sacks, in order to avoid loss, damage, or waste, particularly of
foodstuffs, use sacks made of strong material and so woven that sifting may be
prevented ; see that the sacks are well sewed and free of holes.
Execute definite and legible bills of lading.
Pack goods in strong containers.
Mark packages plainly.
Have shipments in depot early, so they can be loaded and forwarded same
day.
The Atlas Portland Cement Co. shipped from its factory at Mc-
Keesport, Pa., on September 12 , 1918, the 500 barrels of cement.
1
The bill of lading is shown on the opposite page.
FREE LIGHTERAGE.
1 There is one mistake on the bill of lading, which was evidently overlooked by the
carrier's agent. The mistake was copied in subsequent shipping documents and was not
discovered until the goods reached the customhouse in Cuba.
PAPER WORK IN EXPORT TRADE. 61
Marked
W.A.T. Co.
EC
Havana
No.1 Up
Your order No.A
A " delivery " is not identical with a lot of goods. There may be four or five
or an indefinite number of shipments in a car, but if they go to three piers or
dock companies they count as three deliveries. Some large shippers are able to
get their shipments through New York without paying lighterage or cartage on
their L. C. L. shipments by taking advantage of this rule.
One of the difficulties that arise on all L. C. L. shipments is that a boat will
not receive them, as a rule, until two or three days before sailing. The heavy
freight must be loaded first, to go in the bottom, and the light and small ship-
ments are put on top. The railroads must hold back small shipments for a par-
ticular boat until they receive orders to send them in ; and in a few hours
there may be a line of drays several blocks long waiting to get on the pier and
unload. Houses which make small shipments from stock in New York can not
send their goods to the boat until they get a " permit," and their drays help to
lengthen the line of waiting teams.
The eastbound billing books of the trunk lines contain the cartage tariffs
which apply to this business when it is handled by a railroad. On a single ship-
ment which has to cross North River to reach the boat there is usually a fer-
riage charge in addition to the cartage item.¹
The bill of lading is a receipt for the goods given to the shipper
by the carrier and is also a contract for affreightment. It is signed
by the shipper and by the agent of the carrier.
As a receipt, the following is stated on the bill of lading : " Re-
ceived the property described below, in apparent good order, except
as noted ( contents and condition of packages unknown ) , marked , con-
signed, and described as indicated below." The carrier is bound only
to deliver what he received. He is not bound by the description of
the contents.
The contract of affreightment is as follows :
Received, subject to the classifications and tariffs in effect on the date of
issue of this original bill of lading the property described below, in apparent
good order, except as noted ( contents and condition of contents of packages
unknown ) , marked , consigned, and destined as indicated below, which said
company agrees to carry to its usual place of delivery at said destination, if on
its road, otherwise to deliver to another carrier on the route to said destination.
It is mutually agreed, as to each carrier of all or any of said property over all
or any portion of said route to destination, and to each party at any time inter-
ested in all or any of said property, that every service to be performed here-
under shall be subject to all the conditions, whether printed or written, herein
contained ( including conditions on back hereof ) and which are agreed to by
the shipper and accepted for himself and his assigns.
The conditions on the bills of lading forming part of the contract.
for affreightment are as follows :
SEC. 1. The carrier or party in possession of any of the property herein
described shall be liable for any loss thereof or damage thereto, except as here-
inafter provided .
effected upon or on account of said property, so far as this shall not avoid
the policies or contracts of insurance.
SEC. 4. All property shall be subject to necessary cooperage and baling at
owner's cost. Each carrier over whose route cotton is to be transported here-
under shall have the privilege, at its own cost and risk, of compressing the
same for greater convenience in handling or forwarding, and shall not be held
responsible for deviation or unavoidable delays in procuring such compres-
sion. Grain in bulk consigned to a point where there is a railroad, public, or
licensed elevator, may ( unless otherwise expressly noted herein, and then if
it is not promptly unloaded ) be there delivered and placed with other grain
of the same kind and grade without respect to ownership, and if so delivered
shall be subject to a lien for elevator charges in addition to all other charges
hereunder.
SEC. 5. Property not removed by the party entitled to receive it within 48
hours (exclusive of legal holidays ) after notice of its arrival has been duly
sent or given may be kept in car, depot, or place of delivery of the carrier, or
warehouse, subject to a reasonable charge for storage and to carrier's re-
sponsibility as warehouseman only, or may be, at the option of the carrier,
removed to and stored in a public or licensed warehouse at the cost of the
owner and there held at the owner's risk and without liability on the part of
the carrier, and subject to a lien for all freight and other lawful charges, in-
cluding a reasonable charge for storage.
The carrier may make a reasonable charge for the detention of any vessel
or car ; or for the use of tracks after the car has been held 48 hours ( exclu-
sive of holidays ) for loading or unloading, and may add such charge to all
other charges hereunder and hold such property subject to a lien therefor.
Nothing in this section shall be construed as lessening the time allowed by
law or as setting aside any local rule affecting car service or storage.
Property destined to or taken from a station, wharf, or landing at which
there is no regularly appointed agent shall be entirely at risk of owner
after unloaded from cars or vessels or until loaded into cars or vessels, and
when received from or delivered on private or other sidings, wharves, or land-
ings shall be at owner's risk until the cars are attached to and after they are
detached from trains.
SEC. 6. No carrier will carry or be liable in any way for any documents,
specie, or for any articles of extraordinary value not specifically rated in the
published classification of tariffs, unless a special agreement to do so and a
stipulated value of the articles are indorsed hereon.
SEC. 7. Every party, whether principal or agent, shipping explosive or dan-
gerous goods, without previous full written disclosure to the carrier of their
nature, shall be liable for all loss or damage caused thereby, and such goods
may be warehoused at owner's risk and expense, or destroyed without com-
pensation.
SEC. 8. The owner or consignee shall pay the freight and all other lawful
charges accruing on said property , and , if required, shall pay the same before
delivery. If, upon inspection, it is ascertained that the articles shipped are
not those described in this bill of lading, the freight charges must be paid
upon the articles actually shipped.
SEC. 9. Except in case of diversion from rail to water route, which is pro-
vided for in section 3 hereof ; if all or any part of said property is carried by
water over any part of said route, such water carriage shall be performed
subject to the liabilities, limitations , and exemptions provided by statute and
to the conditions contained in this bill of lading not inconsistent with such
statutes of this section, and subject also to the condition that no carrier or
PAPER WORK IN EXPORT TRADE . 65
party in possession shall be liable for any loss or damage resulting from the
peril of the lakes, sea, or other waters ; or from explosion, bursting of boil-
ers, breakage of shafts, or any latent defect in hull , machinery, or appurte-
nances ; or from collision, stranding, or other accidents of navigation , or from
prolongation of the voyage. And any vessel carrying any or all of the prop-
erty herein described shall have the liberty to call at intermediate ports,
to tow and be towed, and assist vessels in distress, and to deviate for the pur-
pose of saving life or property.
The term "water carriage" in this section shall not be construed as includ-
ing lighterage across rivers , or in lake or other harbors, and the liability for
such lighterage shall be governed by the other sections of this instrument.
If the property is being carried under a tariff which provides that any car-
rier or carriers party thereto shall be liable for loss from perils of the sea,
then as to such carrier or carriers the provisions of this section shall be modi-
fied in accordance with the provisions of the tariff, which shall be treated as
incorporated into the conditions of this bill of lading.
SEC. 10. Any alteration , addition, or erasure in this bill of lading which
shall be made without an indorsement thereof hereon, signed by the agent
of the carrier issuing this bill of lading, shall be without effect, and this bill
of lading shall be enforceable according to its original tenor.
The bill of lading on which shipment of the cement was made was
marked "Order bill of lading," while that used in making the ship-
ment of steel bars from Chicago was marked " Straight bill of lad-
ing." In addition to the contract conditions on the straight bill of
lading stated above, which appears in both, the order bill of lading
bore the following clause :
1 Sol. Wexler, of New Orleans, vice president of the Whitney Central National Bank.
2 Hadley Railroad Transportation, p. 19.
3 Mr. Thomas B. Paton , of New York, counsel representing the American Bankers' Asso-
ciation, House of Representatives Committee on Interstate Commerce, hearings in 1910,
p. 660.
CHAPTER VI.
issues show the name of the foreign correspondent to whom the combined ship-
ment has been dispatched and who will make the distribution of the several
items included in the whole shipment.
Needless to remark, all these operations applied in taking care and keeping
track of hundreds or thousands of packages every week involve an immense
amount of detail and clerical work. It must be remembered that all the for-
malities necessary in any foreign shipment have to be attended to, including
usually also the securing of adequate marine insurance and possibly the prep-
aration and certification of complicated consular invoices. In countries where
the latter documents are necessary the employment at seaport of an agency of
some description is really unavoidable by an inland manufacturer.
Forwarders' charges.-Charges made by these forwarders vary according to
circumstances. Some of them publish elaborate rate cards which purport to
show charges for packages of various weights to all of the principal ports of
the world, but such advertised rates are to be regarded as purely nominal and
are almost always susceptible of discount ranging from 10 per cent to 30 per
cent. In fact, a forwarder's charges depend so much on the port of destina-
tion, the volume of other shipments which may be going forward to the same
port, as well as the volume and character of the individual shipment, that
special rates are almost invariably quoted.
The profits of a foreign freight forwarder consist chiefly in the advanced
prices he may be able to obtain for the carriage of goods entrusted to him
through combined shipments which otherwise would be subject to steamship's
minimum charges. For example : Suppose that a forwarder has found 10
different manufacturers, each of whom has a small shipment for the same
destination . We will assume that these 10 shipments average half a ton each.
The ocean freight rate to the point of destination is 40 shillings freight. But
the forwarding agent has collected all 10 together, has a total of 5 tons to ship
on one bill of lading, and pays 40 shillings per ton, i. e., pro rata only 20 shil-
lings on each half-ton lot. He may charge each manufacturer 30 shillings.
Then he makes a profit of 333 per cent on the freight, while each manufacturer
saves 10 shillings for the benefit of his foreign customer, the difference be-
tween the forwarder's charge of 30 shillings and the steamship minimum of
40 shillings which he would otherwise have had to pay.
Undoubtedly forwarding agents have other means of adding to their profits,
and it may be doubtful if the charges they make for cartage, for insurance,
etc., are their actual out-of-pocket expenses for such items . The charge some-
times made, "$1 for bill of lading," is a fee pure and simple. Bill of lading
forms never cost a dollar. However, there is so much expense and so much
work involved in a forwarder's office that he may be thought to deserve any
reasonable profits that he can make, no matter how he attempts to cover them
up. On the other hand , it is to the shipper's great interest to keep charges as
low as possible.
Advantages offered by forwarders.--We have already noted how the serv-
ices of a forwarding agent are practically indispensable to the inland shipper
in the combination of small shipments and in the requisite attention to con-
sular invoices wherever they are required. Some of them sometimes offer
other facilities. For example, they will sometimes send goods forward
"freight collect" when steamship companies themselves require prepayment.
This means that the forwarding agent himself must prepay the steamship
charges, but he bills the charges forward to his correspondent abroad who
undertakes their collection from consignees. Undoubtedly in such cases remu-
neration in suitable proportion is obtained by the New York forwarder as
well as by his correspondent abroad .
70 PAPER WORK IN EXPORT TRADE.
samples worth $5 loaded with $15 charges by forwarding agents, and has seen
an effort made to collect a freight charge higher by 70 per cent than was indi-
cated by the original bill of lading.
Delayed shipments.—Another abuse sometimes experienced in operations
through forwarding agents is involved in the practice of some of them of hold-
ing back shipments for some unusual foreign destination until other shipments
for the same point can be collected. A shipment for Bangkok, for example, was
at one time held by a New York forwarding agent for two months before finally
sent forward, because the agent had no other goods going to that point and
therefore no opportunity of forwarding economically for the manufacturer or
making profits for himself. Usually, however, a shipment of this sort would
be combined with other shipments going forward, let us say, to London , and
the London correspondent of the New York agent relied upon to join it to
some other shipments from England to point of ultimate destination. Of
course the London agent might or might not be able to do so promptly.
A good deal of ingenuity is required in the forwarding business, and many
turns and twists have to be brought into play in an effort to satisfy shippers
and at the same time turn an honest penny. It is the part of the manufacturer
himself to make sure that the agency he employs delivers the goods to his cus-
tomers in the promptest and most economical fashion possible. If dissatisfac-
tion is experienced with the operations of one agency then another may be tried.
of shipments, but in obtaining and quoting rates for steamship space. For-
warding agents, like all who attend to dispatching shipments, make a small
charge.
Freight rates. — Steamships are not always available. As a result, freight
rates fluctuate greatly. There is no official means of supervising these, in-
asmuch as so many foreign companies are in competition. Because of this
fact freight agents (forwarding companies ) often are able to quote lower
than the tariff usually fixed . This is done by contracting with the steamship
line for a certain amount of space at a given figure, and then reletting it.
The difference, less expenses, is one of the profits of the forwarding company.
Miscellaneous aid.-The assistance given by freight forwarders includes the
following : ( a ) Locating shipment on arrival at port ; ( b ) transfer to steam-
ship line ; ( c ) obtaining Government permits for exports ; ( d ) attending to
necessary shipping details, including application for space, etc.; ( e ) con-
tracting for the freight rate ; ( f) arranging for necessary insurance ( risks
of war, pilferage, miscellaneous damage, marine loss, etc. ) ; preparation of
drafts and other documents ; (g ) forwarding of the papers to destination ;
(h ) arranging for discount of drafts ( either on own account or for that of
shipper) .
Caution required.— In choosing a freight forwarding agent much caution is
necessary because of the fact that there are so many unreliable agencies.
It is the practice of these concerns (which have no standing ) to take ad-
vantage of the ignorance of the manufacturer located in the interior for the
purpose of rendering invoices which are incorrect, etc. While the practices of
such concerns may eventually become public, they nevertheless are a source
of considerable annoyance and trouble to Latin American buyers while they
operate.
Express and parcel business.-This often is carried on by the freight for-
warding concern. This is due to the fact that the concern can use the space
for which it contracts in any way it sees fit. As a consequence, the charges
made by freight forwarders for small packages often are less than the rate
quoted by a steamship line for a minimum bill of lading. For the same reason
freight forwarding agencies are able to send on one bill of lading miscellaneous
small shipments as a combination lot which otherwise could not be forwarded,
except at excessive cost.
Fees charged.- The rates of freight forwarding agents differ somewhat.
It is the custom to make a small charge of from $1 to $2 for the prep-
aration of the invoice translation of the documents, etc. When forwarders
look after insurance there is a further charge and commission and likewise
one on the transfer charges, etc. In any event it is desirable to consult with
and obtain quotations from a number of agencies in order to be sure that
the proper rate is being paid.
INSTRUCTIONS TO THE FORWARDER.
Before the forwarder can obtain the goods shipped on order bills
of lading the Export Corporation must indorse these to the for-
warder.
In order to secure the original bills of lading and warehouse re-
ceipts covering the four representative shipments, it was necessary
for the Export Corporation to make payment for the various ship-
ments in accordance with the purchase terms of the different con-
tracts.
PAPER WORK IN EXPORT TRADE . 73
IMPORTANT
memorandum
measurement
FREIGHT CONTRACTORS & FORWARDING AGENTS
-Shippers
Lighterage
EXPORT
showing
packages.
numbers
carloads
railroad
contents
express
address
receipt
weight,
should
MARINE AND WAR INSURANCE
hereto:
marks
attach
clearly
length
width
inches.
marks,
Local
goods.
cubic
Show
depth
gross
Mark
state
Free.
and
and
for
or:,(;
42 BROADWAY
on
inifB"L/)"
New York
Please note following instructions for shipment sent to your care to be forwarded.
MARKS AND NUMBERS No, andkind
of Packages CONTENTS GROSS WEIGHT NETINWEIGHT
LBS. MEASUREMENT
IN LBS.
W.AT. Co
EC. 500 Barrels Cement 160000#
Havana#1 Wip
shipment
Part
Our Order A
blank " Instruction sheet ," on which the exporter entered all the
information regarding the shipment necessary to the forwarder for
the making out of the ocean shipping papers.
74 PAPER WORK IN EXPORT TRADE.
FIG. 5.- Commercial invoice, transaction A, attached to instruction sheet for freight
forwarder.
No claims
loss will betoallowed
or damage for
material
EXPORT CORPORATION coveredby this invoice unless
property is so receiptedtode.
livering carrier as required.in,
rule3 ofuniformbilloflading
NEW YORK, N. Y., U. S. A.
YOUR CONTRACT
ORDER No... Letter CONTRACT NO B
OUR ORDER
Number of DIMENSIONS AND SIZE , Weight Price Amount
Pcs. Bdls.
150 Bales Choice Grade " A" Hops 11,400 $13.50
per 100# $1539 .
500 Cases Pratts Turpen ti ne 100,000# $8.50 4250 .
$5789.
FIG. 6.- Commercial invoice, transaction B, attached to instruction sheet for freight
forwarder.
PAPER WORK IN EXPORT TRADE . 77
Noclaims
loss will betoallowed
or damage for
material
EXPORT CORPORATION 'covered by this invoice unless
property is soreceiptedto de-
livering carrier asbilloflading.
required in
rule3ofuniform
NEW YORK, N. Y., U. S. A.
FIG. 8.- Commercial invoice, transaction D, attached to instruction sheet for freight
forwarder.
78 PAPER WORK IN EXPORT TRADE.
NEGOTIABLE WAREHOUSE
RECEIPT.
November 28,1918 .
Export Corporation ,
New York City .
Dear Sirs :
Please be advised that we are holding
in our warehouse subject to your further orders ,
fully covered with fire insurance , the following
material :
Marks
150 Bales Hops 11,400# T.& B.Co.
500 Cases Turpen-
tine , 100,000# Ex Rio
This material we will hold for you
without charge until you arrange your ocean.
freight on this shipment .
Yours very truly,
INTERNATIONAL TRADING COMPANY.
FIG. 9.- Negotiable warehouse receipt.
SHIPPING PROCEDURE .
FREIGHT CONTRACT .
0
at 250 and
10% primage, per 2240 # Weighton
This contract is made subject to conditions of Act of Congress Treasurement
governing Bills of Lading, approved Feb. 13th, 1893, and to terms
of Should
Bills ofsteamer
Lading not
in use
passby Steamer's Agents.
sailing day (astoreported
arrive known bySandy
be so disabled
HookExchange),
Maritime before 6 P.or M.
as to prevent
of expected
should
her sailing steamer
within ten
daysthis
ing afterher expected
contract on sailing
giving day, shippers
Agents notice have option
to thatday
effect of cancell-
the first business day following expected sailing or by noon of
announce- ORIENTAL SHIPPING CO., Inc.
ment of disability.
isterSteamer
tonnage.reserves right of taking grain in excess of her netreg.
Accepted 1917 /
(signed ) ( sign ed)
FREIGHT CONTRACTORS .
FIG. 10.- Ocean freight contract.
Ocean freight rates.- These, unlike rates on railroads, are quoted on the
basis of measurement. However, because of the character of certain freight
1 E. B. Filsinger : " Trading with Latin America."
73
79
80 PAPER WORK IN EXPORT TRADE.
which exceeds 56 pounds per cubic foot in weight, steamship lines assume the
privilege of forwarding on that basis. It is important to note the difference
between the ton of 2,000 pounds as used on land and the ocean ton, 2,240 pounds,
calculated to equal 40 cubic feet. Measurements always take into considera-
tion the absolute outside dimensions, and when strips of wood are attached
to cases or containers of any kind, the outside of these is the basis upon which
the freight is charged.
Primage.- Ocean rates include the word " primage." It should be considered
in every calculation. It is the survival of an old system which provided for a
percentage to be added to the rate.
Rates for ocean freight.—These may be secured from the following :
(a ) In the interior, from the railroad companies. The export agent, where
one exists, or the commercial agent can quote or wire for rates.
( b) Freight forwarding agencies and express companies in New York, or
through their branches in the interior, will gladly quote whenever in a posi-
tion to do so.
(c ) Steamship lines , either from their New York offices or from branches
in interior cities, will supply the data required.
Minimum charges.—These invariably are fixed by steamship lines, a specified
quantity in weight or measurement of freight being given. It is because of
this minimum bill of lading that application should be made to freight for-
warding agencies for rates on small shipments.
Dispatching documents.- The forwarding of documents promptly is a prime
essential. It is of utmost importance that papers covering shipments go by
the same steamer that carries the shipments. If this is not done the goods can
not be removed promptly from the warehouses at designation , and storage
charges accrue. Furthermore, consignees may need the goods badly, and the
delay in getting them may result disastrously for the shipper. When the manu-
facturer himself attends to forwarding the papers, not depending on forward-
ing agents, it is quite as vital that this matter be given attention.
Economical routing.—This should be sought in the case of every shipment.
The Latin-American importer appreciates the efforts of his correspondent to
route shipments properly in order to obtain the advantage of every effort and
economy ; the freight situation , in New York especially, is such that before
dispatching freight for Latin America a study should be made to ascertain the
dock or wharf at which the steamer (which will carry it ) is located . This
having been learned , the consignment should be placed in the hands of a rail-
road with terminals in proximity to the steamship line. By adopting this
course transfer and drayage charges may be minimized.
Freight prepayment.- Advance payment of freight charges invariably is
demanded. Shipments are not forwarded unless charges are fully covered.
Both steamship and railroad companies prefer to have the charges for the
freight from the interior city to the port fully paid at point of origin.
Forwarding routine.- The following outline of the manner in which goods
are dispatched from New York, and of the papers that are necessary for their
clearance, will prove of value :
( a ) Arrival of shipment on railroad at terminal. In case of very large
shipments in carload lots free lighterage is granted, provided the bill of lading
is marked very plainly " for export, lighterage free."
(b ) Shipping permits are requested from the steamship line that is to carry
the freight. If arrangements have been made for space, either direct or
through a forwarding agency, the permit is granted. This document shows
these details : Date on which the shipment can be received at the steamer ;
time ; place of delivery, etc.
PAPER WORK IN EXPORT TRADE. 81
(c) The shipping permit is turned over to the truckman, who carries the
freight to the railroad terminal, where it is delivered at the place marked in
the permit.
(d ) In lieu of the dray ticket, also carried by the truckman, a receipt is
granted by the clerk of the steamship company. Necessarily, the dray ticket
must bear complete information regarding the marks, numbers, weights , etc.,
of the shipment, in addition to an accurate description thereof.
( e ) The steamship bill of lading is issued upon delivery of the receipt granted
at the dock. This is the final receipt and must be particularly well guarded,
because in it are vested all the rights to the shipment which it covers.
(f) United States customs clearance. Before a bill of lading is issued by a
steamship company it is necessary to furnish a customhouse clearance which
has been obtained from a collector of customs. This document is very important
because it is required by the customs officials and must be supplied with the
ship's manifests to obtain clearance papers. The need for such documents is
apparent when it is realized that their purpose is to prevent illegal shipments
of various kinds. These clearances are attended with considerable formality,
and strict regulations regarding them have been adopted by the Government.
Full information about these papers may be had of freight forwarders and of
forwarding agencies.
(g) Declaration and certificate of origin of merchandise. This document
furnishes proof of the origin of the merchandise.
PLACING GOODS ABOARD VESSEL.
of the permits contain clauses which more expressly limit the liability
of the carrier, as for example, the following :
NEW YORK, 191__.
To the Clerk of S. S..
or
Receive from___
the under-mentioned packages, subject to the conditions of steamer's bills of
lading
To be delivered on or before__.
This permit is issued upon the following terms and conditions, and accept-
ance of this permit and tender of the goods for shipment shall be deemed an
agreement by the shipper to the said terms and conditions :
It is hereby agreed that the value of the goods above mentioned does not ex-
ceed $500 per freight ton, upon which basis the rate of freight is adjusted. If
the value of the goods exceeds said amount the value must be declared, and a
rate of freight based thereon be arranged at the time of taking out this permit ;
otherwise the goods are received subject to the agreed valuation above stated.
The steamship company's regular bill of lading shall be issued for the ship-
men, and shippers are understood to have acquainted themselves therewith. The
steamship company shall not become responsible for the goods as carrier until
the goods are actually loaded on the steamer ; until such loading it shall be
liable only as an ordinary bailee, for loss or damage caused by its fault, and
subject also to all conditions, exceptions, and limitations of liability contained
in its regular bill of lading.
No demurrage shall be allowed on lighters or craft unless arriving within
permit time and their manifests are filed in the office of the clerk of the dock,
and the time of filing shall be deemed time of arrival. No goods received after
noon Saturdays or 5 p. m. other days, unless otherwise indorsed hereon. No
cargo received unless properly port marked. Cargo for different ports to be
kept separate on lighters.
In case the goods, or any part of them , are to be delivered to the steamship or
to the pier by lighters or other craft, the steamship company shall not be liable
for any delay of lighters or other craft resulting from riots, strikes, lockouts,
stoppage of labor and like disturbances, or from extraordinary weather condi-
tions, or from any other cause of whatever nature, beyond the control of the
company.
Lighterage deliveries subject to the lighterage rules of New York Produce
Exchange.
The goods or any part may be held by the steamship company for a follow-
ing steamer of the same line, and are received subject to delay, damage, or de-
fault from or consequences of riots, strikes, stoppage of labor, and like dis-
turbances.
Pier 1
Steamer at Pier 2 Bush Docks.
Pro Agents.
All risk of fire or flood while goods are on the dock to be borne by shippers.
An important clause in the above is that which states that the
freight space is contracted for on a limitation of the value of the
goods to not more than $500 per freight ton.
The original railroad bill of lading (the material having arrived
at seaboard) , the export declaration ( see p . 85 ) , and a form which
PAPER WORK IN EXPORT TRADE. 83
EXPORT CORPORATION
NEW YORK
20.251918
J. Fuller Agt ..
Penn R.R.CO.
N.Y. ORDER NO.
GENTLEMEN:
PLEASE DELIVER MATERIAL SHOWN BELOW
TO & S. Maxio...... LOADING ‘AT PIER 14. Brooklyn.
TO BEALONGSIDE in forty eight hours
SHIPPING POINT
DATE AND CAR NO. MATERIAL WEIGH MARKS
McKeesport , Pa. 500 Barrels Cement 160000+ W.A.T.CO.
EC
Sept.12,1918
Havana
Car #C & MW 441556 #1 Up
Chicago , Ill . 465 Bundles Steel
Bars (4867 Pieces ) 224000+ Ends painted
Sept.15,1918
P.R.R.456702 with white paint .
YOURS TRULY.
EXPORT CORPORATION
PER (signature )
FIG. 11.- Delivery order from exporter to railroad or warehouse.
ing the issuance of an ocean bill of lading. The material is now in the
ship and the next that we shall hear of it is when it arrives at its
final destination.
Before explaining the other specimen transactions, it should be
stated that the forms referred to above are very simple and the in-
formation to be placed thereon is very easily gotten from the other
papers in connection with the shipment. It might be added that
many export houses have their own traffic departments, which take
care of the booking of the shipments and the handling and making up
PORTLAND
Per
FIG. 12 - Supplier's delivery order to lighterage company.
1 The number of copies of the shippers' export declaration was reduced to three by
amendment to the regulations adopted May 29, 1919, and a later amendment reduced the
number to two.
86 PAPER WORK IN EXPORT TRADE .
tween the United States and its noncontiguous territory. When merchandise
is shipped foreign, four copies of this form must be presented to the collector
of customs for each consignment. The collector will retain the original and
one copy, and deliver the other two copies to the shipper. The shipper will
present one copy to the steamship company and deliver the other copy with the
goods to the inspector of customs on the dock, without which no goods will be
received. The copy delivered to the steamship company must accompany the
goods on their voyage and be delivered by the master to the American consular
officer with the manifest at the port of discharge. The copy delivered to the
inspector of customs upon which he will make his notifications of short ship-
ment, etc., must be delivered to the vessel to be attached to the manifest de-
livered to the collector upon clearance.
Export license number and date of expiration must appear immediately above
goods shipped thereunder.
The War Trade Board code number of the article given on the export license
must be inserted after each commodity in the column following the description
on the face of this form.
If goods are to be delivered to other vessels in port or transshipped on the
high seas, the articles, quantities, and values, and name and address of person,
corporation, vessel, Government, etc., to whom transferred or delivered, must be
stated on this form.
1. Shipments from interior points for exportation. — If shipped on a through
bill of lading, the shipper must prepare the original export declaration in
quadruplicate for foreign shipments and in duplicate for shipments between the
United States and its noncontiguous territories and deliver forms to the carrier
to accompany the shipping papers to the port of exportation. If shipped on a
local bill of lading, the declarations may be attached thereto or mailed sepa-
rately to the consignee at the seaboard.
(a ) If the shipper prefers he may place the original declaration, but not the
carrier's extract, in a sealed envelope addressed to the collector of customs with
his name indorsed thereon and the fact of sealing noted on the declaration and
deliver it with the extract to the carrier. If goods are consigned to an agent at
the seaboard for transshipment and exportation the shipper may mail the
declaration and extract properly prepared direct to the agent.
( b) Upon arrival of the goods at the port of exportation, the carrier must
immediately deliver the original declarations, sealed and unsealed , and the
carrier's extracts to the collector of customs, who will retain the original and
certify the extract and return it to the carrier, vessel, or party named to attend
to exportation.
2. Exporting vessel or carrier.-Care should be exercised in receiving goods
destined for foreign countries or noncontiguous territories not accompanied by
certified extracts or original declarations , as clearance will not be granted until
the export declarations have been filed with the collector. The copy must be
attached to the vessel's manifest or car manifest or copy of waybill when
presented for clearance.
3. Before a clearance shall be granted for any vessel bound to a foreign port,
the owners, shippers, or consignors of the cargo of such vessel shall deliver to
the collector manifests ( or declarations ) of the cargo or the parts thereof
shipped by them, respectively, and shall verify the same by oath . Such manifest
(or declarations ) shall specify the kinds, quantities, and values of the articles
and the foreign port or country of destination. ( See sec. 4200, Rev. Stats., U. S. )
PAPER WORK IN EXPORT TRADE . 87
If any vessel bound to a foreign port departs on her voyage without deliver-
ing manifest and obtaining clearance the master or other person in charge
shall be liable to a penalty of $500 for every such offense. ( See sec. 4197, Rev.
Stats. , U. S. )
Similar provisions apply to exportations by rail, vehicle, or ferry. (See sec.
1, act Mar. 3, 1893. )
4. The shipper must prepare this export declaration and sign the four copies
and the oath be taken on the original before a customs officer, notary, or other
authorized officer. The declaration must be signed by the shipper, but the oath
may be omitted on shipments to Canada or Mexico by car, vehicle, or ferry. If
the declaration is executed by an agent for the shipper the authority must be
in writing on this declaration or other document filed with the collector. The
values and names of shippers may be omitted from the copies to be delivered
to transportation company, but must always appear on the original and the
copy for use of War Trade Board. The original is delivered to transportation
company, but must always appear on the original and the copy for use of War
Trade Board. The original is for the use of customs officers and will be treated
as confidential, and information not disclosed without written authority of the
shipper or his agent. Export statistics are compiled from these declarations
and all data required on the prescribed form must be furnished.
5. Domestic articles exported.—The value of all articles grown, produced , or
manufactured in whole or part in the United States must be stated in the col-
umn of " U. S. products."
6. Foreign articles exported. The value of articles of foreign origin shipped
out of the United States in the same condition as imported must be stated in
the column of " Foreign products." If foreign articles are subjected to any
process of manufacture or alteration in the United States they become United
States products and must be reported as such. Thus : Imported raw sugar
refined in the United States should be reported as a domestic product.
7. The value of articles to be stated is the selling price or the true market
value at the time and place of shipment for exportation.
8. Description of articles exported must be accurate and complete. General
terms such as dry goods, groceries, meats, machinery, millinery, etc., will not
be accepted. In the case of cheese the declaration must state whether filled
or unfilled ; oleomargarine, whether colored or uncolored ; butter, whether pure,
adulterated, or renovated.
9. The kind of packages as boxes, barrels, etc., and the net weight exclusive
of outer coverings must be specified .
10. The total quantity of each article expressed in the usual measure of
pounds, tons of 2,240 pounds, yards, gallons, etc., must be stated . Domestic
spirits exported must be stated in gallons of 50 per cent alcoholic strength.
11. The country of final destination of goods —that is, the country to which
goods are sold-must be shown. Special care should be exercised to state the
final destination of goods shipped through Canada to Europe, and of goods to
be transshipped in the United Kingdom, the Netherlands, Germany, and France
en route to other countries.
12. Inspection certificates.-Process butter or butter adulterated or reno-
vated must be accompanied by certificate of purity issued by the United States
inspector of dairy products. Certificate of inspection must be presented to the
collector for meat and meat food products exported when required by the regu-
lations of the Department of Agriculture.
13. Export Schedule B may be obtained free of charge from the Bureau of
Foreign and Domestic Commerce, Department of Commerce, Washington, D. C. ,
and will be of much assistance to exporters.
88 PAPER WORK IN EXPORT TRADE .
14. Sale and printing of blanks.- Shippers' export declarations may be ob-
tained from collectors of customs at the price of 25 cents per block of 100. The
export declarations may be printed by private parties providing they conform
strictly to the official form in width, wording, color, and arrangement.
Shipper.
U. 3.Customs
TREASURY Cat.DEPARTMENT.
No.WTB7525. (For United States Customs and War Trade Board.) ThisspaceforuseofCustoms
T. D. 35909.-FOEM 105.
SHIPPER'S EXPORT DECLARATION No.
OF MERCHANDISE SHIPPED TO FOREIGN COUNTRIES OR NONCONTIGUOUS TERRITORIES OF THE U. S.
Clearance willnot be granted
U. 8. Government export untilshipper's declaration
statistics are compiled fromhasthisbeen filed withandtheitCollector
declaration ofCustoms.
must be correct. (Code No. Dist.) (Port.)
Goods shipped by Export Corporation
(Name ofactual shipper.)
Address.......42 Broadway, NY.. From
(Number.) (Street.) (City.) (State.) (Place oforiginalshipment.)
Via For shipment on the S.S. Mexico
(Carrierfrominterlurpoint, if any.) (Nameofcarrier. Ifvessel, give name,motivepower, and flagifknown.)
From New York. To ultimate foreign destination Havana, Cuba
(U. S. Customs port ofexportation.) (City.) (Country.)
Number and COMMODITY. (net Quantityonly). Value attimeand place ofshipment.
weight
kind ofpackages,
e. g.,17 crates, cotton
Marks and numbers. 40boxes,60cases, Describe the articles fully, as canned pork, printed Board
cloth,as meats,
printing presses, apples, etc. General
WarTrade Code Stateinstandardor U. S. Products,
port units, aslbs., including Foreign Products
90 barrels willnot
75 bags,eto. beaccepted. dry goods, machinery, fruits etc , number. tons(of3,240lbs.),
terms such gallons, barrels, foreign
goods altered
yards, remanufactured orin in same
Read instructions on back. bushels,
etc. theUnited States. imported.as
condition
DOLLARS ONLY.
W.T. B. EXPORT LICENSE NO. 543657 ---, DATE OF EXPIRATION Dec. 31 1, 191..8
..W.A.T.CO.....
EC
Havana
#1 Up 500 Barrels Cement 160000# 3890.00
White Paint 465 Bundles Steel Bars (4867 pcs . ) 224000# 9800.00
Waybill or manifest I CERTIFY that above-described goods were shipped as stated herein except as otherwise noted,
No. 191 191 Inspector ofCustoms.
1 the undersigned,solemnly and truly declare that the above statement is a complete, just, and true account of all merchandise shipped bythe party
named; on board the vessel,car, or vehicle; and to the place or countryatnamed above; and that the description and quantity of each article is truly stated
and that the values thereof are the actual costs or true market values the time and place ofshipment for exportation; Iseasfurther declarethat noneabove;
ofthe
merchandise described above is tobe laden on any othervessel in port than that named above or transshipped onthehigh except as fully stated
I further declare that none of said merchandise is shipped or to be delivered in violation of any of the provisions of the "Trading with the Enemy" act,.
approved October 6, 1917; that W.A. Thompson & Co. of Havana Cuba
is the actual consignee ofthe said merchandise, and that ifthe shipment is made to a bank or other broker, factor, or agent, that
8ame is the actual consignee on
whose account the shipment is made.(Name.) (Address.)
Sworn and subscribed to before me (Signature).. Export Corp.
оп 191 (Capacity)... (Member offirm, secretary, agent, etc.)
signed.
(Deputy Collector, notary public,etc.) (Address)...
On delivery of the goods to the wharf of the ocean carrier the re-
ceiving clerk of the steamship company issues a " dock receipt. "
This is made out in the office of the shipper and contains a record of
(1 ) the marks and numbers , ( 2 ) the number of packages, ( 3 ) the
kind of packages, ( 4) a description of contents, ( 5 ) the value, (6)
the measurement, and ( 7 ) the weights.
The dock receipt is not a contract of affreightment, although its
terms may become part of such contract. A bill of lading is the
only document recognized as representing goods in transit from seller
to buyer. A mere dock receipt is not such a document. The buyer
is entitled to a proper bill of lading, which, for some purposes , he
can use as effectually as the goods themselves. If the carrier fails
to transport the goods at the time agreed upon the seller is not re-
sponsible, provided he made delivery to the carrier within the speci-
fied time and received from the latter a bill of lading.
The dock receipt must be surrendered to the carrier in exchange
for the bill of lading. The ocean bill of lading is issued only after
the goods are on the vessel.
cluding nonnegotiable copies ) , all of this tenor and date, one of which
being accomplished, the others to stand void." In order to make
these bills of lading binding they must be signed in full by the
master or his authorized agent.
An ocean bill of lading may be an " order " bill or a " straight "
bill, similar to inland bills of lading. An " order " ocean bill of
lading is one in which the material is consigned to order of the
shipper, with instructions to notify the actual consignee, whose full
name and address must be plainly stated. The steamship company
will not accept an order bill of lading unless the name of the actual
consignee is placed very plainly thereon, together with his full
street address. A " straight " ocean bill of lading is one in which
the material is not consigned to order of anyone other than the con-
signee. Material shipped on a straight bill of lading will be turned
over to consignee upon his surrendering properly indorsed notice
of arrival, which is sent to all consignees upon arrival of the vessel
at destination, whereas material shipped on an order bill of lading
will be delivered only to the person or persons presenting a properly
indorsed original ocean bill of lading. Any of the original copies
will be accepted.
The information to be filled in on an ocean bill of lading is ap-
proximately as follows : ( 1 ) Shipper, ( 2 ) consignee, (3 ) name of
vessel, ( 4) port of destination, ( 5 ) description of material , ( 6 )
marks, ( 7) net weight, ( 8 ) gross weight, ( 9 ) measurement, and
( 10) number of original bills of lading desired .
RECEIVED at New York, by the New York and Cuba Mail Steamship Company
(the term carrier hereinafter used being intended to include said company and
any substitute or continuing carrier ) , from the shipper named on the back
hereof, the packages described on the back hereof (hereinafter called the
goods, the carrier's responsibility in respect of description thereof being limited
as hereinafter provided ) , in apparent good order and condition ; to be trans-
ported by steamship named on the back hereof ( subject as to said steamship to`
substitution and other liberties as hereinafter provided, the term vessel here-
inafter used being intended to include said steamship and any substituted or
continuing vessel ) to the destination named on the back hereof, or as near
thereto as the vessel can safely get, and there delivered in like good order and
condition, in manner as hereinafter provided, upon payment of any unpaid
freight and other sums payable by shipper, consignee, and/or assigns hereunder,
to the consignee named on the back hereof, or order if so provided, subject
always to the terms of this contract which are hereby mutually agreed upon
as follows :
1. The freight is adjusted in consideration of all the terms and provisions of
this contract, whether written, printed, or stamped.
2. All particulars herein mentioned of the goods, except only the number of
the packages with the marks thereon, are those declared by the shipper, and the
same (including anything as to size, weight, quantity, or the like imported by
92 PAPER WORK IN EXPORT TRADE .
the character of packages designated ) are unknown to the carrier and shall
not constitute, as against the carrier, any part of the carrier's description of
the goods as hereby receipted for, but shall be deemed only representations of
the shipper.
3. The goods are accepted by the carrier subject to delays or default in
shipment, transportation , delivery, or otherwise, occasioned by riots, strikes,
stoppage of labor, lockouts, or labor troubles of carrier's employees or other-
wise ; shortage of labor, fuel, conveyances, or room ; lack of facilities of any
sort, accumulation of cargo, and the like ; and notice to shipper or others of
any danger of such delay or default is hereby waived ; and the carrier shall
not be responsible for any such delay or default.
4. The carrier's responsibility in respect of the goods as a carrier shall not
attach until the goods are actually loaded for transportation upon the vessel,
and shall terminate, without notice, as soon as the goods leave the vessel's
tackles at destination or other place where the carrier is authorized to make
delivery or end its responsibility. Any responsibility of the carrier in respect
of the goods attaching prior to such loading or continuing after leaving the
vessel's tackles as aforesaid, whether the goods are in course of lighterage by
the carrier or however else the same may be situated, shall be the same as
that only of a warehouseman without liability on the part of the carrier,
except for want of ordinary care ; and all conditions, exemptions, exceptions,
and limitations of the liability of the carrier contained in this contract shall
be deemed to apply also to such warehouseman's liability as well as to liability
as a carrier. The carrier may place the goods in store while awaiting loading,
transshipment, forwarding, or delivery, and thereupon be discharged of all
responsibility for loss of or damage to the goods while so stored.
5. Full freight to destination and all advance charges against the goods
are due and payable to the New York and Cuba Mail Steamship Company
upon receipt of the goods by the latter ; and the same and any further sums
becoming payable to the carrier hereunder and extra compensation, demurrage,
forwarding charges, general average claims, and any payments made and
liability incurred by the carrier in respect of the goods (not required hereunder
to be borne by the carrier ) shall be deemed fully earned and due and payable
to the carrier at any stage, before or after loading, of the service hereunder,
without deduction ( if unpaid ) or refund in whole or in part ( if paid ) , goods or
vessel lost or not lost ; and the same shall be payable in United States cur-
rency and in New York funds ; and the carrier shall have lien on the goods
or any part or proceeds for the whole thereof ; and the shipper, consignee,
and/or assigns shall be jointly and severally liable therefor, and notwith-
standing any lien therefor has been surrendered. Full freight shall be payable
on damaged and unsound goods. The carrier may collect freight on bill of
lading weight, measurement, or quantity, and, if gross weight, measurement,
or quantity delivered exceeds weight, measure, or quantity on which freight
may be computed , the carrier may collect freight on such excess, unless shown
to have been caused by absorption of water during the voyage. Any error in
freight or other charges or in the classification herein of the goods is subject
to correction, and if on correction the freight or charges are higher, the
carrier may collect the additional amount. Should a package consist of
several parcels for more than one person, full freight shall be paid on the
parcels for each person as if shipped and consigned as a separate package.
If there be an enforced interruption or abandonment of the voyage at a
port of distress or elsewhere and the goods or any part be forwarded , the cost
thereof, including extra compensation if performed by vessels in the service of
the carrier, shall be paid by shipper, consignee, and/or assigns.
PAPER WORK IN EXPORT TRADE. 93
6. The shipper , consignee, and/or assigns shall pay any duty, tax, impost,
fee, or the like for which the carrier may be charged upon account of the
goods, not due to the carrier's fault, and also any fine or penalty incurred
by, or loss or expense occasioned to, the carrier by reason of illegal, incorrect,
or insufficient documents or marking or numbering of packages or goods, or
description of contents or weight or other particulars, or by reason of any
other act or omission of shipper, consignee, and/or assigns.
7. In case of a single article or package exceeding 2 tons in weight the
true weight thereof shall be declared at time of delivery to the carrier ; in
case the weight declared is incorrect and in consequence of reliance thereon
any loss or damage arises, either to the article or package or to the carrier
or to others, or any increased charges or expenses are incurred by the carrier
in handling or caring for any such article or package, the same shall be
borne and paid solely by the shipper, consignee, and/or assigns.
8. The vessel shall have liberty hereunder, either before or after proceed-
ing to or toward any port of discharge or transshipment, to proceed to or
toward, call, enter, or stay at any port or ports, although not upon the usual
or any route to, and although in a contrary direction to or beyond the port
of discharge or transshipment once or oftener, backward or forward, in any
order or rotation, for any purposes whatsoever, and the same shall not be
deemed a deviation , but be deemed within the voyage hereby intended as fully
as if specifically described herein ; and the vessel shall have liberty also to
sail in or out of ports and to proceed with or without pilots, to tow or assist
vessels in any situation, and to deviate for the purpose of saving life or prop-
erty ; and in case of salvage services rendered to the goods during the voyage
by another vessel belonging to or in the service of the same carrier , such serv-
ices shall be paid for as fully as if the salving vessel belonged to or was in
the service of strangers.
9. The carrier shall have liberty, in its discretion, before or after shipment
or loading, to substitute, or ship the whole or any portion of the goods by any
other steamship or steamships, although prior or subsequent ; and shall have
liberty in its discretion, at any port or place, to transship, land , and trans-
ship or forward the goods, put into store, craft, or other available place, and
thence transship and forward the same to or on route to destination , by any
ship or ships, carrier or carriers, by land and/or water, subject as to such
continuing carrier to the provisions of the usual bill of lading of such carrier
whether issued or not, and upon the delivery of the goods into the custody
of a continuing carrier or representative, shall thereupon be relieved of all
further responsibility for the goods, and the clean receipt of the continuing
carrier or representative shall be evidence as against shipper, consignee, and/or
assigns of delivery of the goods to the continuing carrier in good order and
condition. The vessel shall have liberty, if she puts into a port of refuge
or is prevented from any cause from proceeding in the ordinary course of her
voyage to proceed under sail or in tow.
10. If the vessel is prevented by quarantine from reaching her destination,
or from making due delivery of the goods, or is detained at quarantine, the
goods may be forthwith, without notice, discharged into lazarettos, craft, or
other places immediately available, at the risk and expense of shipper, con-
signee, and/or assigns, and such discharge shall be a complete delivery of
the goods hereunder and all responsibility of the carrier therefor, as car-
rier or otherwise, shall end without notice as soon as the goods leave the ves-
sel's tackle. If, by reason of quarantine, blockade, hostile act of any power,
conditions of surf or weather, shortage of lighters, riots, or of strikes, lock-
94 PAPER WORK IN EXPORT TRADE .
been effected, and undertakes that the policy shall be available for the carrier's
protection in case of need.
16. The carrier does not undertake that the vessel is equipped with refriger-
ated or specially cooled or ventilated compartments or otherwise equipped for
transportation of goods or articles of a perishable nature, nor whether so
equipped or not, to transport such or any other goods or articles in any such
compartment or otherwise than as ordinary cargo, and shall not be liable for any
loss or damage from failure so to do, unless such transportation is expressly
stipulated for herein. Fresh fruits, vegetables, and meats and any goods or
articles of a perishable nature, however carried, are received and carried at
the sole risk of the owner thereof. The carrier shall not be responsible for
any loss or damage to such goods or articles from temperature or atmospheric
conditions, risks of refrigeration, cooling, or ventilation, accident to, or latent
or other defect in, or explosion, breakage, derangement, insufficiency, shortage,
or failure in any respect, or unseaworthiness of, or in respect of any refrigerator
or refrigerated or specially cooled or ventilated compartment or plant, or ap-
paratus, boiler, engine, machinery, appliances, materials, or supplies therefor, or
any part thereof, although existing at time of shipment or transshipment, or at
the beginning of the voyage, provided due diligence shall have been exercised
to make the vessel seaworthy ; and if any such goods or article shall at any
stage be, or in the opinion of the master or carrier's representative be decayed,
injurious, or offensive, the same may be thrown overboard or destroyed and
the carrier shall not be responsible therefor. The provisions of this article are
in addition to and not in substitution for the other provisions of this bill of
lading, and all goods of such nature as mentioned herein or to be carried in
refrigerated or specially cooled or ventilated compartment are received and
are subject also to all other terms, conditions, exceptions, and limitations as
to liability contained in this bill of lading.
17. The vessel may commence discharging upon arrival immediately she is
ready, without notice, at any hour of day or night, and discharge with or with-
out intermission, any custom of the port to the contrary notwithstanding, and
the collector of the port is hereby authorized to grant an order for the dis-
charge of the cargo immediately after entry of the vessel. Delivery of the
goods shall be received , without notice, from the vessel's. tackles as the goods
come to hand in unloading. If not so received, the master or agent of the
vessel is hereby authorized at the risk and expense and for account of the
shipper, consignee, and/or assigns, without notice, to enter and discharge the
goods, depositing them in hulk or craft or in or upon wharf, warehouse, public
stores, or customhouse, or permitting them to lie where landed , or making such
disposition thereof as the authorities of the port may direct, subject at all
times to any lien of the carrier, including storage charges by the carrier, and
to that end to employ such lightermen, truckmen, warehousemen, wharfingers,
or other agencies as may be requisite, customary, or proper, who shall be
deemed the agents solely of shipper, consignee, and/or assigns and not of the
carrier, the latter being hereby relieved of all responsibility for, or in
respect of the goods, without notice to any person whatsoever, as soon as the
same leave the vessel's tackles. If the shipper, consignees, or assigns entitled
to the goods shall not within 48 hours after unloading, without notice, pay the
freight and all other sums payable to the carrier by shipper, consignee, and/or
assigns and relieve the carrier from all further responsibility and expense for
storage charges or otherwise in respect to the goods, the carrier is hereby
authorized at any time on 48 hours' notice by mail to consignee or assigns or
other person named for notice in the bill of lading, or if such consignee or
PAPER WORK IN EXPORT TRADE. 97
assigns or other person is unknown or can not be found in port, then, without
notice, to sell the goods and retain and pay from the proceeds the expenses
hereunder and all sums due the carrier in respect of the goods from shipper,
consignee, and/or assigns and all other charges on the goods, and the carrier
shall upon sale be discharged of all liability in respect of the goods except to
account for the proceeds.
18. The carrier shall not owe any duty to notify consignee or others of the
arrival or disposition of the goods, nor be liable for any loss or damage arising
from not doing so, except where otherwise expressly required herein. If the
consignment herein be to order with provision for notice to a person named,
notice to such person shall be required only when notice to a named consignee
would be required hereunder.
19. If it is necessary or usual to land the goods on a Government wharf to
be taken charge of, handled, or moved by any concessionaire or Government
agent, or nominee or for the performance of any duty in respect thereof by
the customs or other authorities, or to deliver the same into the custody of
such authorities, any responsibility of the carrier shall be ended , without.no-
tice to the consignee, authorities, wharfingers, concessionaires, or others, as
soon as the goods are so landed or delivered ; and the goods shall be deemed
thereupon in the sole custody of the wharfingers and/or of such concessionaire,
agent, or nominee and the customs and other authorities who shall be deemed
the agents solely of the consignee or other person entitled to the goods ; but
the goods shall continue subject to any lien of the carrier.
20. The goods shall be subject to charges for mending and repair of packages,
which shall be a lien thereon and paid by shipper, consignee, and/or assigns ;
sweepings, if any, and unclaimed goods not otherwise accounted for shall at
carrier's option be apportioned to the different consignees of like goods accord-
ing to the shortages and be accepted as good delivery to the extent thereof ;
and if any consignee has a shortage in marks or numbers called for herein ,
unclaimed goods of like kind but of different marks or numbers, shall, at car-
rier's option, be deemed to constitute a part of the goods and be accepted by
consignee and/or assigns as good delivery hereunder.
21. Unless a higher value be stated herein the value of the goods does not
exceed $100 per package nor $8 per cubic foot, and the freight thereon has been
adjusted on such valuation, and no oral declaration or agreement shall be evi-
dence of a different valuation . In computing any liability of the carrier in
respect of the goods, no value shall be placed thereon higher than the invoice
cost (including freight prepaid hereunder ) not exceeding $ 100 per package
nor $8 per cubic foot ( or such other value as may be stated herein ) , nor shall
the carrier be held liable for any profits or increase of price or value over
such cost not exceeding said value, nor for any special or consequential dam-
age, and the carrier shall always have the option of replacing any lost or
damaged goods.
22. If there is opportunity to discover by examination, before removal of
the goods, that loss of contents or shortage of, or damage to the goods exists
or may exist the carrier shall not be liable for any such loss , shortage, or dam-
age, unless notice of claim therefor be presented in writing to the carrier or
to the master or agent of the vessel before removal of the goods. If there is
no opportunity to discover, before removal, that such loss, shortage, or damage
exists of may exist, then the carrier shall not be liable therefor, unless such
notice of claim be so presented within 48 hours after removal of the goods.
The carrier shall not, in any event, be liable for any claim or demand arising
125740° -20-7
98 PAPER WORK IN EXPORT TRADE.
Weight in pounds.
Marks. No. of packages. Kind and contents.
Gross. Net.
sation for any additional service and any extra expense occasioned thereby
shall be paid by shipper, consignee, and/or assigns, and shall constitute a
lien on the goods ; and the vessel is privileged to carry any cargo not except-
ing contraband ; and the vessel shall have liberty in any circumstances to
comply with any orders or requests of the Government of the United States
or of Great Britain or its allies or any insurance or other department or
bureau or agency thereof or of any person purporting to act with the authority
of any such Government or department, bureau, or agency.
26. And finally that in accepting this bill of lading the shipper, owner, and
consignee of the goods and holder of the bill of lading agree to be bound by
all its provisions, on this page and overpage, whether written, printed , or
stamped, as fully as if signed by all of them.
In witness whereof, the New York and Cuba Mail Steamship Company, by its
agent, hath signed 3 bills of lading, all of this tenor and date, one whereof be-
ing accomplished the others to stand void.
Dated at New York, October 31, 1918.
---, Agent.
CHAPTER IX.
MARINE INSURANCE.
The practice of general average far antedates the practice of marine insur-
ance and goes back to a time long before the Christian era, and to a time
when every merchant who had an adventure at sea either followed his goods
himself, or sent his representative in the ship which carried his goods to oversee
their handling and sale.
It would frequently occur during the course of such a voyage along the
shores, let us say, of the Mediterranean, or the shores of Africa , that a storm
1 An act of Congress, approved Feb. 13, 1893.
100
PAPER WORK IN EXPORT TRADE. 101
would arise and the small ships of those days would be in serious peril, only
to be relieved by the throwing overboard of a portion of the goods carried by
them in order to lighten the ship . Naturally every merchant would want his
neighbor's goods thrown overboard in order that his own might be saved, and
in order to avoid the disputes and loss incident to such an unfortunate condi-
tion of affairs, we find recorded in the laws of Rhodes, long prior to the
Christian era, a law stating that " that which was sacrificed for the benefit of
all in a sea adventure, should be made good by the contribution of all," and
that if one or more merchants had their goods thrown overboard for the
general safety, all the other merchants and the shipowner should contribute
to make good the loss sustained through the aforesaid jettison.
This law has been accepted and adopted by all maritime powers, with many
changes of form , and has been amplified to cover practically every sacrifice
of value for the common benefit. It is peculiar to commerce of the sea, as
nothing like it exists on land.
It is still in effect to -day among all maritime nations, and the only effect
of the practice of insurance upon it has been to transfer from the shoulder
of the assured to the shoulder of his underwriter the cost of making good
that contribution which all the interested parties in a sea adventure are
obliged to pay to the unfortunate member of their company whose property
has been sacrificed to secure the common safety.¹
There is nothing except the cost to prevent the shipper from secur-
ing insurance against any contingency or damage that may arise.
The underwriters will stipulate on their policies such special pro-
visions as may be agreed upon.
Filsinger¹ says the possibilities of loss are the following :
(a) Destruction by sinking of vessel.
(b) Damage to contents either before or after loading on vessel. This may
be caused by leakage, by bilge water, or fire.
(c) Robbery on board, while loading or unloading, in customhouse, or in
transit to the interior.
(d) Breakage due to carelessness in handling.
(e) Loss by sinking of vessel because of attacks by enemy ships.
Responsibility important.-A policy for marine insurance is very explicit in
its limitations. Only when a shipment is damaged as the result of an accident
to the ship or loss caused by sinking of the vessel can payment be enforced.
If a ship takes fire or is damaged in collision , policies also are payable. A
clear understanding of the provisions in a marine insurance policy should be
had by the beginner.
Pilferage or damage. One of the causes of frequent complaint, chiefly on
account of bad packing, is from robbery. A study of the conditions of trans-
portation makes this clear. Although cases are securely protected with iron
strapping, or even sealed , losses nevertheless are possible. Insurance policies
may be obtained covering this eventuality. A small additional cost ( almost
without exception paid by the consignee ) is fully justified.
Miscellaneous damage.—In addition to the possible losses already mentioned
there are others. Damage while shipment is en route ; breakage of cases and
injury of contents because cargo has not been properly stowed ; the too rapid
descent of a sling into a lighter with its consequent scattering of contents ; a
sudden tropical rain before shipments can be placed in warehouse ; a fall from
the back of a cargador ( freight handler ) ; heavy dews or sudden rains while
shipments are being carried into the interior.
War risks.- Insurance against the risks of war is ordinarily unknown.
When, however, consignments are made to a region in which war is raging,
insurance is necessary. The risks vary and the rates fluctuate in accordance
therewith.
Various policies. -There are various policies under which insurance may be
written. Frequently, the foreign buyer gives instructions that shipments are
to be insured under his open policy. In that event notification is sent to
agents of the company. Under other circumstances shipments may be insured
under a separate policy for each. This, however, is not common.
Open policies . One of the simplest methods of providing insurance is by
this method. The procedure consists in furnishing to the company with whom
the insurance is placed the details relating to each shipment. Forms are
generally supplied by the company and settlement for the sums due in each
instance is made at regular intervals.
Handling certificates.-This is a matter of some importance. As the papers
covering many shipments are negotiable, it is indispensable that the owner-
ship, in case of loss of the shipment, be vested in the holder of the papers.
For this reason the indorsement on certificates is made in blank and is for-
warded with the other documents. This procedure simplifies matters in the
event that a claim is necessary.
This insurance was placed with the United States Lloyd's ( Inc.) ,
and the marine insurance provided for 3 per cent F. P. A.
The Export Corporation , instead of taking out a separate policy
for each shipment, has an " open " or " floating " policy. This policy
remains in force for a given length of time . As shipments are made
the Export Corporation, through its forwarders, notifies the insur-
ance company of the value, the date of shipment, the vessel , and the
insurance required . The risk covered is indorsed on the open policy
and a certificate of insurance is given to the shipper.
CERTIFICATE OF INSURANCE .
The condition of payment under this certificate is that all claims shall be
reported to the subscriber's agents at Liverpool, or to any other agent accord-
ing to the list on the back of this certificate, as soon as the goods are landed,
or the loss known, to be adjusted according to usages of British Lloyd's and
the special conditions of the contract of insurance.
The revenue laws of Great Britain require that this certificate be stamped
within 10 days after receipt in the United Kingdom , otherwise loss can not be
collected there. Such stamps to be at expense of assured.
WAR RISKS .
This certificate also covers the risk of war as per following clauses :
It is agreed that this insurance includes the risk of capture, seizure, or
destruction or damage by men-of-war, by letters of mart, by takings at sea,
arrests, restraints, detainments, and acts of kings, princes, and people, author-
ized by and in prosecution of hostilities between belligerent nations ; but ex-
cluding claims for delay, deterioration , and/or loss of market and warranted
not to abandon in case of capture, seizure, or detention until after condemna-
tion of the property insured , nor until 90 days after notice of said con-
demnation is given to these assurers. Also warranted not to abandon in case
of blockade, and free from any claim for loss or expense in consequence of
blockade, or of any attempt to evade blockade ; but in event of blockade to be
at liberty to proceed to an open port and there end the voyage.
Foregoing clause does not cover any war risk on shore.
Warranted free from any claim arising from capture, seizure, arrests, re-
straints, preemption , detainments, or confiscation by the British Government or
their allies, or by the Government of the United States of America.
Also warranted free of claim for loss, damage, or expense in consequence
of any prohibition , restriction, or embargo of or by the Government of the
United States of America , or of any violation or attempted violation thereof.
Warranted not to cover the interest of any partnership, corporation , associa-
tion, or person , insurance for whose account would be contrary to the trading
with the enemy acts or other statutes or prohibitions of the United States
and/ or British Governments.
Attached to and forming part of certificate No.--‒‒‒‒‒‒‒‒of the----
106 PAPER WORK IN EXPORT TRADE.
insurance may be deficient toward fully covering the property hereby insured.
And the said United States " Lloyd's " shall return the premium upon so
much of the sum by them insured as they shall be by such prior insurance
exonerated from. And in case of any insurance upon the said property
99
subsequent in day of date.to this policy, the said United States " Lloyd's '
shall nevertheless be answerable for the full extent of the sum by them sub-
scribed hereunto without right to claim contribution from such subsequent
insurers, and shall accordingly be entitled to retain the premium by them
received in the same manner as if no such subsequent insurance had been made.
Other insurance upon the property aforesaid of date the same day as this
policy shall be deemed simultaneous herewith ; and the said United States
" Lloyd's " shall not be liable for more than a ratable contribution in the
proportion of the sum by them insured to the aggregate of such simultaneous
insurance. It is also agreed that the subject matter of this insurance be
warranted by the assured free from loss or damage arising from riot, civil
commotion, capture, seizure, or detention, or from any attempt thereat, or the
consequences of any hostilities, arising from the acts of any Government,
people, or persons whatsoever ( ordinary piracy excepted ) , whether on account
of any illicit or prohibited trade, or any trade in articles contraband of war,
or the violation of any port regulation, or otherwise. Also free from loss or
damage resulting from measures or operations incident to war, whether before
or after the declaration thereof.
In the event of risk of war being assumed by indorsement under this policy,
the assured warrant not to abandon in case of capture, seizure, or detention,
until after the condemnation of the property insured ; nor until 90 days
after notice of said condemnation is given to this company. Also warranted
not to abandon in case of blockade, and free from any expense in consequence
of detention or blockade ; but in the event of blockade, to be at liberty to
proceed to an open port and there end the voyage.
Memorandum.-It is also agreed that bar, bundle, rod, hoop, and sheet iron,
wire of all kinds, tin plates, steel, madder, sumac, brooms, wicker ware and wil-
low (manufactured or otherwise ) , straw goods, salt, grain of all kinds, rice,
tobacco, Indian meal, fruits (whether preserved or otherwise ) , cheese, dry fish,
hay, vegetables and roots, paper, rags, hempen yarn, bags, cotton bagging, and
other articles used for bags or bagging, pleasure carriages, household furniture,
skins and hides, musical instruments, looking glasses, and all other articles that
are perishable in their own nature, are warranted by the assured free from aver-
age, unless general ; hemp, tobacco stems, matting, and cassia, except in boxes,
free from average under 20 per cen, unless general ; and coffee in bags or bulk,
pepper, in bags or bulk, free from average under 10 per cent, unless general .
Profits warranted free from claim for general average, but subject to the same
per cent of partial loss as if the insurance were on goods. In case a total
loss of profits be claimed, the underwriters to be entitled to a credit of the
same per cent of salvage as if the insurance were on goods, and in case of
contribution in general average for any portion of the goods at the customary
sound value, this company to be free from claim for loss on such portion. Not
liable for loss arising from wet, breakage, leakage, or exposure of goods shipped
on deck.
Warranted by the assured free from damage or injury from dampness, change
of flavor, or being spotted, discolored, musty, or moldy, unless caused by actual
contact of sea water with the articles damaged, occasioned by sea perils. In
case of partial loss by sea damage to dry goods , cutlery, or other hardware, the
loss shall be ascertained by a separation and sale of the portion only of the
108 PAPER WORK IN EXPORT TRADE.
contents of the packages so damaged , and not otherwise ; and the same practice
shall obtain as to all other merchandise, as far as practicable. Not liable for
leakage on molasses or other liquids, unless occasioned by stranding or collision
with another vessel.
Warranted by the assured that this insurance shall not enure directly or indi-
rectly to the benefit of the carrier or other bailee, by stipulation in bill of lad-
ing or otherwise, and any breach of this warranty, and any act of agreement by
the assured, prior or subsequent hereto, whereby any carrier or party liable for
or on acount of loss of or damage to any property insured hereunder is given
the benefit of any insurance effected thereon , shall render this policy of insur-
ance null and void.
In case of any agrement by the assured , prior or subsequent hereto, whereby
any right of recovery of the assured for loss of or damage to any property in-
sured hereunder, against any person or corporation, is released , impaired, or
lost, which would, on aceptance of abandonment or payment of a loss by this
company, have enured to its benefit, but for such agreement or act, this com-
pany shall not be bound to pay any loss, but its right to retain or recover the
premium shall not be affected.
" Waranted by the assured that the assignment of this policy or of any in-
surable interest therein, as also that the subrogation of any right thereunder to
any party, without the consent of this company, shall render the insurance af-
fected by such assignment or subrogation void.
f In witness whereof, the president or vice president of the said United States
" Lloyd's " hath hereunto subscribed his name, and this policy is made and ac-
cepted upon the above express condition, the thirteenth day of August, A. D.
one thousand nine hundred and eighteen.
-" President.
EXPORT CORPORATION .
unless amounting to 3 per cent, each case or shipping package separately in-
sured.
It is also understood and agreed that in all cases where goods have been
insured at other than F. P. A. E. C. conditions this company agrees to pay,
without regard to the particular average franchise, any loss which would be
recoverable under the F. P. A. E. C. conditions as provided within.
On-deck shipments are insured : Free of particular average unless caused by
sinking, stranding, burning, or collision , but to cover the risk of jettison
and/or washing overboard.
It is hereby understood and agreed that all shipments of shoes, boots, and
sandals shall be insured at " with average " conditions , including the risk of
theft, pilferage , and/or robbery, unless otherwise stated on the declaration.
It is hereby understood and agreed that, unless otherwise applied for at time
of declaration, shipments of automobiles shall be insured at the conditions :
This insurance attaches from the time the goods are shipped from the office
or warehouse of the assured and/or from the time of delivery to their packers
for export, until delivered to the consignees at final destination , and covers
against total loss, general average and salvage charges and all damage and/or
breakage to the goods themselves sustained during the continuance of this in-
surance however arising, but the assurers not to pay for any claim unless
amounting to twenty-five ( $25 ) dollars , each automobile being separately in-
sured.
The rate of insurance for shipments of automobiles insured at the above
conditions, from New York via London to New Zealand, by owned steamers
of the Atlantic Transport Line and connections , will be per cent net.
It is hereby understood and agreed that the rates of premium on shipments
of merchandise as provided within under deck are fixed as follows :
From places in the United States and/or Canada, by railroad to New York
and at and thence to ports and places in Australia, Tasmania, New Zealand—
Via ports in the United Kingdom
and the continent of Europe , F. P. A. E. C. W. A.
B/H, by class " A" lines ---‒‒‒ $0.50 per cent $0.60 per cent net.
Via Cape of Good Hope or Suez,
by approved steamers . .65 per cent .75 per cent net.
Via ports on the Pacific coast of
North America, by approved
steamers of regular lines____ .35 per cent .45 per cent net.
For theft and/or pilferage, add per cent.
Rates on shipments of merchandise " on deck," three times the under deck
F. P. A. E. C. rates.
Other risks held covered at rates to be agreed at time of indorsement of
risk.
Valued, premium included , at invoice cost, including prepaid freight and/or
charges and 10 per cent added, unless otherwise declared prior to shipment
or prior to known or reported loss or accident, and then at amount insured ;
it being, however, understood and agreed that in case of loss prior to declara-
tion the assured shall be entitled to declare and recover on whatever basis
they have written instructions, issued prior to known loss, to insure or have
made it a practice to insure for account of their respective clients.
Per steamer and/or steamers and connecting conveyances.
To be insured, lost or not lost, at and from ports and places in the United
States and/or Canada to ports and places in the world and vice versa, direct or
via port or ports, including risk of transshipment by land and/or water.
110 PAPER WORK IN EXPORT TRADE .
1 From " Consular Regulations of Foreign Countries," Tariff Series No. 24, Bureau of
Foreign and Domestic Commerce.
111
112 PAPER WORK IN EXPORT TRADE.
for Habana and four for all other ports. If typewritten, the original copy must
be presented ; duplicates, etc. , may be carbon copies. When more than one sheet
is necessary, all should be clasped together, and the declaration written on the
last sheet. Invoices must contain name of shipper and consignee, name of
vessel, marks and numbers, description of merchandise, specifying the compo-
nent materials, gross and net weight ( in kilos ) of each article, detailed price
and total value, including a statement of the expenses incurred on account of
the merchandise up to the time it is packed and ready for shipment. Prices
should not be added up, but the price of each article or class of goods should be
given separately. If there are no expenses this must be noted.
In describing the merchandise, particular care must be taken to make a thor-
ough statement of the materials of which it is composed ; for example, if knives,
state knives of steel with wooden handles or bone handles, as the case may be ;
if shoes made of leather with tops of cloth, canvas, etc. , if machinery, of steel
or steel and brass, or any other metals ; if furniture, made of oak, mahogany or
pine.
Besides the marks, numbers, kinds , quantity, and gross weight of packages,
the following particulars will be required on invoices covering shipments of
fabrics to Cuba :
1. Nature of fiber ( cotton, linen, wool, silk, etc. )
2. Kind of fabric ( plain, smooth, twilled, damasked , and whether embroid
ered or not. )
3. Bleached, half bleached , printed , dyed in the piece, or colored.
4. Number of threads in a square of 6 millimeters ( 1 inch ) .
5. Length and width in meters and centimeters.
6. Weight of 100 square meters.
7. Price per unit, value of each kind , and nature of same.
At the bottom of the invoice, the manufacturer, producer, seller, owner, or
shipper must write ( in Spanish ) and sign one of the following declarations :
If the article shipped is a product of the soil or industry of the United States :
" Declaro que soy el ( fabricante, productor, vendedor, dueño o embarcador ) de
las mercancías relacionadas en la presente factura y que son ciertos los precios
y demás particulares que en sella se consignan y que las mercancías contenidas
en dicha factura son productos del suelo o de la industria de los Estados
Unidos de América."
If a product of the soil or industry of any other country than the United
States : " Declaro que soy el ( fabricante, productor, vendedor, dueño o embarca-
dor ) de las mercancías relacionadas en la presente factura y que son ciertos los
precios y demás particulares que en ella se consignan. "
If the manufacturer, producer, seller, owner, or shipper is not a resident of the
place where the consulate is located , a local agent must be appointed to present
the invoice, such appointment to be in writing. In this case, as well as when
the shipment is made through an agent, in addition to any of the foregoing
declarations signed by the said manufacturer, producer, seller, owner or shipper,
a second declaration must be written in Spanish and signed by the agent as
follows : " Declaro que soy el agent, autorizado por la persona que ha suscrito
la anterior declaración , para presenter esta factura en la oficina consular de
Cuba en esta plaza, a fin de que sea certificada." 1
1 Translation : " I declare that I am the agent authorized by the person signing the
preceding declaration to present this invoice at the consular office of Cuba in this city for
the purpose of certification.
PAPER WORK IN EXPORT TRADE. 113
if not presented within that time, heavy storage charges are placed on the
goods.
Shipments may be consigned either direct or 66 to order."
Packages should show gross weight, and may be marked with either stencil
or brush.
CONSULAR FEES.
Kilos. Kilos.
[Declaration of shipper.]
[Certification of consul.]
Certifico: Que la presente factura, compuesta de hojas, selladas con el
I certify that the present invoice, composed of sheets, sealed with the
sello de este consulado, me ha sido exhibida por el firmante de la declaración
seal of this consulate, has been presented to me by the signer of the preceding declaration,
que antecede, quien me ha hecho entrega de tres copias de la misma, de las
who has delivered to me three copies, one of which remains on file
cuales una queda archivada en esta oficina.
in this office.
Lo que firmo y sello con el sello de este consulado en
Signed and sealed with the seal of this consulate in on
Derechos
Fees
REQUIREMENTS.¹
PENALTIES.¹
The Cuban customhouses will impose a fine amounting to double the consular
fees if invoices and bills of lading are certified on a date later than the arrival
of the corresponding ship at the first Cuban port of entry.
The Cuban customhouses will also impose a fine of double the fees failed to
have been paid at the consulates, on invoices whose values upon appraisal of
the merchandise are found to be more than the value consigned.
The above-mentioned fines will not be imposed when invoices and bills of
lading cover merchandise shipped from countries and through ports where
there is no Cuban consular office.
Articles imported into Cuba are dutiable on gross weight, actual net weight,
or ad valorem, as indicated in the tariff for each item. The legal net weight
is calculated in accordance with a schedule of tare allowances annexed to the
tariff. Where goods are dutiable on gross weight with a specified tare allow-
ance for receptacles, such deduction is only made in the case of articles packed
in regular receptacles, such as boxes, crates , barrels, etc. In the case of some
articles, a tare allowance is specifically provided for lighter forms of packing,
such as bales.
88
BULTOS BULTOS. NUMEROS. (WEIGHTIN KILOS CONTENIDO PRECIO IMPORTE
PACKAGES)OF
(NUMBER (KIND OF (MARKS
PACKAGES) AND BRUTO
NUMBERS) (GROSS NETO
(KET) (DETAILED CONTENTS COMPONENT MATERIALS) (PRICE) (TOTALS)
$ [$
500 Barrels W. A.T.Co. 160,000 Pounds Atlas Portland Cement 5000 00
EC
Havana
#1 to 500
465 Bundles White Paint 224,000 Pounds Soft Steel Bara 1344 00
$ 18446
L
A
N
I
G
I
R
O
Declaramos que somos los... Export Corporation de las mercancias relacionadas en la presente factura y
que son ciertos los precios y demás particulares que en ella se consignan, y que las mercancias contenidas en dicha factura son productos
del suelo ó de la industria de los Estados Unidos de América. f
Ifmerchandise shipped is from any country other than the New York, October (Date) 15,1918.
United States, remainder of above declaration shouldbecancelled.
Export Corporation
(Name ofthe Firm)
by (Signature)
FIG. 14.- Consular invoice for Cuba.
(1) Weight in kilograms . In the column headed " Gross weight of packages "
must be shown the total gross weight of the packages ; in that headed " Net
weight of the articles," the separate weight of the goods specified , exclusive of
every kind of packing ; in that headed " Gross weight of the merchandise," the
weight, inclusive of receptacles, such as tins, bags, cases, cardboard boxes, etc.-
that are included for payment of duty in accordance with the customs tariff.
Thus, when duties are payable on the actual net weight, it will be sufficient to
state the gross weight of the package and the actual net weight of the goods,
separately, exclusive of all packing or wrappers. In the same manner when
duties are payable on the gross weight of the merchandise, this must be stated
in the corresponding column. For essential oils, essences, or volatile oils sub-
ject to the tare stipulated in the customs tariff, it is sufficient to state the
weight, inclusive of the immediate packing or wrapper.
(m ) Declared value.-In this column must be stated separately the value of
each article specified in the invoice.
(n) Country of origin.- For raw materials the place of production shall be
regarded as that of origin, and for improved or manufactured articles, the
country in which they underwent their final treatment previous to shipment.
(0) Quantity of the merchandise.- For all articles on which duties are
assessed by units other than that of weight ; i. e., per dozen, hundred , thousand,
cubic meter, etc.—the quantities must be stated in the respective unit in this
column. When the goods included in a single invoice are of different origins,
the place of origin in each instance must be separately stated in the correspond-
ing column.
ART. 14. Description of the merchandise may be in the language of the ex-
porting country, the consignee being obliged in this case to present a translation
of same in order to dispatch the goods at the customs. This translation may be
made by private or public translator.
CHAPTER 5 .
ART. 19. In case of omission of any of the declarations required by these
regulations the consul shall invite the exporter or shipper to rectify same on
the invoice itself, and in case of refusal shall make a declaration to that effect
and be thereby freed from any further responsibility in the matter.
ART. 20. Such declarations will cause the responsibility for failure to supply
the necessary data to fall upon the shipper or exporter in the person of the owner
or consignee of the goods.
ART. 22. Any of the following documents shall be accepted by consuls as suffi-
cient proof of origin : ( a ) A certified invoice from the manufacturer of the
goods ; (b ) a certificate from the customhouse authorities or chambers of com-
merce at the point of dispatch declaring their true origin. Failing these, any
other documents proving the origin of the goods may be presented and viséed.
[Copy of Brazilian consular invoice.]
FACTURA CONSULAR BRAZILEIRA.
Brazilian consular invoice.
No. CONSULADO EM
No. CONSULATE IN
DECLARAÇÃO .
DECLARATION.
Declaramos solemnemente que somos exportadores ou carregadores das mercadorias
We solemnly declare that we are the exporters or shippers of the merchandise
mencionadas nesta factura contidas nos - volumes indicados a qual é exacta e
specified in this invoice, contained in the packages indicated, which is in all
PAPER WORK IN EXPORT TRADE . 119
Agente do Exportador.
Agent of Exporter.
Nome e nacionalidade do navio á vela,
Name and nationality of sailing vessel
Nome e nacionalidade do navio á vapor,
Name and nationality of steamer
Porto do embarque da mercadoria,
Port of shipment of the merchandise
Porto do destino da mercadoria,
Port of destination of the merchandise
Porto do destino da mercadoria, com opção para
Port of destination of the merchandise with option for
Porto do destino de mercadoria, em transito para
Port of destination of the merchandise in transit for
Valor total de factura inclusive frete e despezas approximadas, $-
Total value of the invoice inclusive of approximate freight and charges
Frete e despezas approximadas, $-
Approximate freight and shipping charges
Agio da moeda do paiz de procedencia,
Exchange of the country whence exported
Observações do consul:
Remarks of the consul
VISTO. CONSULADO DOS E. U. DO BRASIL.
VISE. CONSULATE OF BRAZIL..
de de 19- .
of 19- .
Recebi $1.65.
Received
FACTURA.
Invoice.
chan-
.
1903. charges..
CONSULAR REGULATIONS.
During the war, no goods whatever can be loaded on board any vessel bound
to France without the approval of the High Commissioner of the French Re-
public in the United States. This regulation applies to all vessels of all nations.
Steamship companies who intend loading vessels bound for French ports must,
previous to commencing loading, submit a detailed statement of the intended
composition of the entire cargo, with names of shippers and consignees to the
manager of the shipping department of the French Commissioner, at 65 Broad-
way, New York. The loading can only be ordered after the said composition
of cargo has been so approved, as all goods shipped in contravention of the
regulations will be seized upon their arrival in France and stored for a period
of two months, at the expiration of which, unless a special authority has been
granted, the said goods will be sold for the benefit of the French Government.
French vessels and vessels chartered by French subjects, transporting goods
liable to seizure, will be requisitioned immediately upon their arrival in France.
The same measure is applicable to British or vessels chartered by British sub-
jects, in conformity with an agreement entered into between the British and
French Governments.
Trade with Austrians or Germans in any country is forbidden. All com-
merce coming under this heading will be amenable to the customs regulations
and penalties applicable in the case of merchandise the importation of which is
prohibited.
In shipping the following goods to France it is necessary, in order to avoid
the maximum rate of duty, to make out a certificate of origin, showing the
identity of the merchandise, numbers, marks, quantity of shipment, name of
consignee, and of the steamer on which the goods are shipped. The certificate
of origin must be sworn to before a notary whose signature has been certified
by the county clerk, or whose signature and appointment have been registered
at the consulate, and must be viséed by the French consul. On shipments of
meat products a United States inspection certificate is required.
Delicatessen, canned meat, most extracts (paste or otherwise ) , fresh or pre-
served tripe, feathers, animal fat, other than fish, honey, untrimmed sponges,
wheat, barley, corn, fruits and seeds, sirups, candies, preserves, chocolate, rice,
oils of all kinds, common woods, unpolished, etc., wooden pavement in pieces,
stave wood, hops , lupuline of hops, bran, oil cake, coal, copper, nickel, oxide of
zinc, glue, typewriter ribbons, photographic paper albuminous nonsensitized,
carbon paper, paper sensitized with salts of iron , skins prepared by a vegetable
tanning, but not otherwise prepared , top shoes with hand-sewed soles, meters
for electricity, gas , and generally all meters regulated like clocks, steam en-
gines separated from their boilers, gas, petroleum, compressed air, and all other
kinds of motors, tenders for steam engines, printing presses, agricultural ma-
chinery not comprising the motor, agricultural implements, typewriting ma-
chines, figuring machines, cash registers and their detached pieces, machinery
to wash, cork, fill and cap bottles, uncovered boilers, gasometers, steam radia-
tors, gas and oil stoves, detached pieces of machinery of iron or steel, detached
pieces of copper or mixed metal such as taps for water and gas , etc., imple-
ments with handles of iron or steel, carriage hardware, locks and padlocks , all
household articles of steel or iron, wooden furniture, upholstered furniture,
upright pianos, piano players independent of the instrument they are to actuate,
perforated cardboard, piano strings, railroad cars, automobiles, rubber sheets,
pure, nonvulcanized, vulcanized rubber thread .
On shipments of most kinds of mechanics' tools, synthetic perfumes, ferro-
metallic alloys, tanning material, salts of lead, chemical products , etc., a consular
PAPER WORK IN EXPORT TRADE. 121
invoice (which is a document similar to the " Certificate of origin," except that
the value of the merchandise is shown instead of the weight ) must be taken out.
Consular invoices must be viséed by the consul and sworn to before a notary
whose signature has been certified by the county clerk, or whose signature and
appointment have been registered at the consulate.
The French customs authorities require that bills of lading must indicate
the number of cases, boxes, etc. , contained in each crate ; the number of pack-
ages, pieces, etc. , contained in each bundle, and an exact description of the
character of each package, such as case, box, barrel, piece, the last mentioned
applying to pieces of machinery, casting, etc., unpacked . A failure to comply
with the above instructions will result in the imposition of a fine.
The importation of articles bearing a label or indication suggesting French
origin is prohibited , unless such label or indicaton is followed by the words
" importe " or frabiquee ," and then by the country of origin.
On shipments of tobacco it is necessary to state on the bills of lading the
gross and net weights and value. Gross and net weights must also appear
on the packages. Tobacco can only be shipped to the French Government
through an authorized agent.
The laws governing the importation of medicines into France are very
strict. Medicines not authorized by the " Ecole de Pharmacie " of Paris are
not admitted. To obtain this authorization a full description of the composi-
tion of the medicine must be given and a sample sent for analysis.
SURTAX ON GOODS INDIRECTLY IMPORTED INTO FRANCE.
In explanation of the above, we quote from the consular reports of the
United States Government as follows :
66
Except in cases of superior force or acts of God , which do not constitute an
interruption to direct transportation , merchandise transshipped in the course
of its journey by sea is regarded as having arrived from the place where such
transshipment has occurred. It results from this that the surtax is applicable
to products of extra-European origin brought into France by a ship which
has received them in a European port, whatever may have been the com-
mercial reasons and particulars respecting the transshipment.
" This surtax is applicable to nearly all classes of merchandise, and the
exceptions to the rule are very rare, indeed. These exceptions in general arise
from geographical or economic considerations, and it suffices to cite a few examples
to design their character. Thus, for example, it is possible to import by way
of Denmark the products of Iceland and the Faroe Islands ; from European
Russia, the products of Asiatic Russia ; from Constantinople and the European
ports of Turkey upon the Black Sea , the products of the Asiatic possessions
of the Ottoman Empire ; from Spain, the products of the Canary Islands and
of the Spanish possessions of the Morocco coast, etc.
66
Shippers should guard against the possibility of the application of this
surtax by forwarding their goods on board steamers sailing directly from
American to French ports. It is not necessary, however, that shipments be
made by steamers flying the French flag, but, only that there is no transship-
ment at a foreign port."
PACKING AS RELATED TO IMPORT DUTIES .
Articles subject to a rate of less than 10 francs per 100 kilos ( 87.5 cents per
100 pounds ) imported into France are, with few exceptions, dutiable on gross
weight ; articles subject to higher rates, except in a few cases, dutiable either
on actual or legal net weight. The following definitions of weight are adopted
for the application of the import tariff : By gross weight is meant the
weight ascertained by weighing the contents and the containers , i . e ., the
122 PAPER WORK IN EXPORT TRADE.
combined weight of the contents and the packing, both outer and inner. By
actual net weight is meant the weight of the goods separated from the packing,
both outer and inner. By legal net weight is meant the weight obtained by
deducting from the gross weight the so-called legal tare, i. e., the tare
determined by law or decree in accordance with the character of the packing
and the nature of the goods, to be applied in cases where the importer de-
mands liquidation on that basis or fails to request, at the proper time,
liquidation on the basis of actual net weight. By semigross weight is meant
the combined weight of the contents and the inner packing in the case of the
following articles : Ox jowl, cooked or pickled ; canned meats, preserved game,
in cans, jars, or pastry, pâté de foie gras, in cans, jars, pastry, or in any
other form ; meat extracts, in loaves, or in any other form ; fish, preserved
in a natural state, pickled , or otherwise prepared ; pickled oysters ; lobsters,
preserved in a natural state or prepared ; candied or preserved fruits , not
specified (general tariff) ; volatile oils and essences in small receptacles ;
preserved vegetables ; gold and silver leaf ; bandages for surgical dressing
and plastered splints ; and all articles included under tariff No. 546bis , when
attached to cards.
The cerificate of origin used with transaction C was as follows :
CERTIFICAT D'ORIGINE
Certificate of Origin
Export Corporation
The soussignés..
Nous undersigned (Owner or Agent, or &c.) (for)
Export Corporation Declarons
(Name and Address of Owner or Shipper) / Declare
que les
that the Marchandises
following mentioned désignées,"
ci-après goods
NOMBRE
PAQUETS POIDS
COLIS OU
OU MARQUES NOMBRES Weight
CAISSES Marks Numbers DESCRIPTION
Number
Packages BRUT NET
Boxes or Cases Gross
guesswork or the imagination. The mere fact that the printed part of a manu-
facturer's invoice declares him to be a maker of hosiery should not be assumed
to be sufficient to identify the goods invoiced as hosiery. For aught foreigners
in customhouses or other positions may know the hosiery manufacturer may
be shipping chairs, or hardware, or livestock.
The dollar mark ( $ ) should precede all prices, extensions and footings.
Importers and foreign customhouses receive invoices in many different cur-
rencies ; no room for doubt should be given as to that in which goods are priced.
The abbreviations so often used by bookkeepers in making out invoices for
the home trade are frequently enigmas to the trade in our own country and
absolutely unintelligible to anyone outside the trade. One's foreign customers
can not be expected to guess what even the commonest abbreviations used in
the trade of the United States may represent. No harm certainly is done if it
is necessary to fill two lines of an invoice with a full description of the article
shipped instead of condensing it by means of abbreviations into half a line.
Foreign customers will be thankful for the fuller expression .
Exactness in invoice details.-Invoice descriptions must be honest and exact.
All widths, lengths, weights, etc., stated on invoices, stamped on the goods, or
printed on cartons or labels, must be actual and not nominal, no matter what
" trade custom 99 may be, or how customary exaggerations or euphenisms may
be discounted or understood in this country. Moreover, the whole invoice
must be in one handwriting or, if written on the typewriter, must be uniform
throughout. Corrections, interlineations, and additions must conform to the
style of the whole.
Manufacturers will often be approached by some foreign customers with a
request that special invoices be supplied for customhouse purposes on which
values or totals will appear in greatly reduced form, or sometimes customers
will request blank invoice forms from the manufacturer in order that they
themselves may make out special invoices to be presented to the customhouse.
No self-respecting exporter should accede to requests of this nature. He ought
not to become a partner in such an operation , and he ought not to lend the
appearance of his name to such an attempt. Yet he should not necessarily re-
gard the customer making such a request as a scamp. Undervaluations in a
good many countries are so much the established rule that they are locally
looked upon as entirely moral, if not praiseworthy.
Necessary particulars in invoices.-All foreign invoices should include among
other details the following : The number or date of indent or order ; the mode
and route by which the goods are forwarded ; the marks, numbers , and nature
of packages ( case, box, crate, barrel, bag, sack, bale, etc. ) ; the terms of car-
riage, F. O. B. ( free on board ) , C. I. F. ( cost, insurance, freight ) , etc. Refer-
ence is often made to other particulars such as insurance, arbitration in case
of dispute, etc.
In addition to a number or other means of identifying a given invoice, it
will often prove useful to give each a distinctive code word. This facilitates
cable references to it, as do code words often assigned each item of an invoice.
With such code words repeat orders by cable are easy. Of course, all must
be duly and permanently registered in some appropriate record, both to avoid
duplication of the words and to enable quick reference and identification.
Every item included in a shipment must be invoiced. Even if no charge is
made by the shippers, still customhouses at ports of destination may impose
duties. Quantities of catalogues should appear on the face of the invoice with
statement of their weight ; so should advertising electrotypes. Spare or extra
parts or accessories , not properly forming part of a whole, even if no charge
is made for them, must appear in the invoice with statement of their weight
PAPER WORK IN EXPORT TRADE. 125
and value-although the latter is not carried into the extensions when pay-
ment is not expected.
All marks, numbers , etc. , repeated on the invoices must correspond letter for
letter with marks on cases. The gross and net weights of each package must
be given. Opposite each item there should be indicated the number of the case
in which it is packed. Usually it is desirable, sometimes necessary, to invoice
together all goods packed in a certain case, with note of its gross and net
weights and the value of the package as a whole, besides, of course, the value of
each article.
When several packages or boxes are strapped or bound together so as to form
one package ( e. g. , small cases of codfish ) in addition to the gross weight of the
whole package, the gross and net weight of each smaller package should also be
stated. This does not apply to articles shipped in bulk customarily bound into
bundles like staves or handles.
Invoice details for special markets.—In the case of goods shipped to Australia,
New Zealand, or South Africa , it is necessary to show on the invoice the cost of
boxing or crating, of cartage from factory to railway station and the freight
from local station to port of shipment. This, no matter whether manufacturers'
quoted prices include all these particulars and cover delivery at port. Under
the laws of these colonies these several component parts of the cost of the goods
must appear on the invoice ; the actual factory cost of the goods must be shown,
plus these several other items. Customs authorities of the colonies named are
empowered to refuse entry of goods which are not accompanied by such proper
documents. Special details are also required for some other markets, particu-
larly in conenction with 66 consular invoices," which will be considered in
another chapter.
Totals and signatures.—All discounts should be deducted on the face of the
invoice, even the cash discount if any has been quoted ; but no discount must be
called 66 cash " or 66 export." It is a good plan in shipping to many countries to
make the extensions of the value of contents of each case net-that is, deduct
the apropriate discounts in each extension covering items packed into one case,
so that the exact value of that particular case will be shown.
If necessary to convert the value of an invoice into some foreign currency,
that conversion is usually made at the foot of the invoice where the total in
dollars and cents is turned into foreign money at a rate of exchange which is
stated.
All foreign invoices should invariably be signed by some one connected with
the house in an official capacity and having authority to affix the firm or com-
pany signature. In many countries invoices have no legal force unless so
signed.
It is customary to sign invoices at the foot, preceded with the expression " E.
and O. E." ( errors and omissions excepted ) . This is purely a matter of form,
intended to reserve to the shippers the right to rectify any errors or omissions.
Legally it is of no effect whatever, as every invoice or statement of account is
only presumptive evidence and in case of dispute must be proven. None the
less, following accepted and long-established custom, so signing invoices will be
an indication of the shipper's familiarity with export practice.
CHAPTER XI.
ofthis FIRST
YORK
,UNEW
S.A.
.
42
Second unpaid)paytotheorder of
ofExchange (
ofExchange(First unpaid)
paytotheorder of
Valuereceived andchargethesametoaccount of
EXPORT CORPORATION
TWA. Thompson & Company
(signed) TREASURER
To. 339 Havana , Cuba.
The second clause in the terms of payment was " documents upon
acceptance. " The principal document which is surrendered to
Thompson upon acceptance is the negotiable, or order, bill of lading.
As mentioned in a preceding chapter, the goods can not be obtained
from the carrier, or the customhouse in most countries, until the
order bill of lading is surrendered. The possessor of the order bill
of lading, if held in due course, can secure the goods if Thompson
refuses to accept the draft. Consequently, after drawing the bill
of exchange on Thompson, the Export Corporation attaches the
negotiable bill of lading to the draft and writes across the face of
the document, usually in red ink, " Documents upon acceptance."
The Export Corporation, or its forwarder, turns the bill of lading
over to a bank, who will send it to its corresponding bank or branch
in Habana to present to Thompson for acceptance. Thompson also
needs the consular invoices in order to get his goods through the
customhouse. Consequently, where consular invoices or other Gov-
ernment documents are required , such as certificates of origin , they
also are attached to the draft and the bill of lading.
128 PAPER WORK IN EXPORT TRADE .
be sent forward for acceptance and return . The shipper will hold the draft
until within three or four months from maturity and then discount it.
Forwarding drafts.— In forwarding drafts, several methods may be used, de-
pending upon conditions. The drafts with attached documents may be handled
through the shippers' local bank ; through a bank in a central city ; or may be
forwarded direct to a bank in Latin America. In the first instance the local
bank would be apt to forward the draft to a bank in a central city , having
extensive foreign connections, which in turn would forward it to a bank in a
prominent city in the Latin-American country, which in turn would relay it to
its correspondent or branch in the smaller town or city on which it might be
drawn. Each link in the above chain would pass on definite instructions as to
the procedure to be followed with reference to acceptance, delivery of docu-
ments, holding or returning after acceptance, etc., as previously outlined.
Instructions with drafts.-In the matter of such documents, clarity is as
essential as in all other details involved in foreign trade. Nothing should be
left to the imagination . All those who have anything to do with the papers
should be able to determine definitely what action to take under given circum-
stances. The chief points to make clear are the following : ( a ) Whether a
draft drawn " D. A." after its acceptance should be held until maturity, or
returned to the American bank ; ( b ) whether the documents, including the bill
of lading, etc. , shall be turned over upon acceptance or held until payment ; (c)
what action should be taken by the bank in case of nonacceptance : ( d ) in-
structions should be very clear as to turning over the documents to an agent of
the manufacturer in the event of nonpayment or nonacceptance. Responsi-
bility will not be assumed by any bank in such a matter. When perishable
goods are involved this is highly important. Instructions covering eventualities
are drawn as " in case of need " and should be explicit.
Nonpayment. It is highly advisable, particularly in the case of shipments
involving perishable goods, to note on the draft who shall be notified in the
event payment is refused. By taking this precaution and arranging to be
notified promptly, it is possible to materially reduce losses caused by non-
acceptance. It also is well that arrangements be made in advance for notifica-
tion by cable ; this precaution is to guard against delays resulting from loss of
time required for correspondence.
Special clauses.- One of the causes for dissension between American shippers
and Latin-American merchants is in reference to collection charges and ex-
change rates. To obviate this difficulty and depending upon the arrangements
that have been made with the buyer by the salesman, certain words should be
used. These are ( a ) “ Payable at the bank's selling rate for sight draft on New
66
York," or (b) For ninety days drafts on New York."
Interest charge.-A European custom that frequently is observed in the
United States is the charging of interest for the period during which a draft
runs. This may be either from its date to maturity, or from acceptance at a
certain number of days sight until paid. It may even include the time that a
remittance requires to reach the United States. When transactions reach a
large volume, this is an important item. Export commission houses generally
charge interest for the entire period.
Exchange. One of the factors which frequently has been a detriment in
doing business with Latin America is the wide fluctuation in exchange. Mer-
chants often have been unable to figure definitely the cost of their goods , not
knowing at what rate they would have to pay. Because of this difficulty, mis-
understandings frequently have arisen. At maturity, the exchange having risen
or fallen (to the advantage or disadvantage of the importer ) payment may be
PAPER WORK IN EXPORT TRADE. 131
COMMERCIAL CREDITS.
There are two classes of credits , known as commercial credits and travelers'
credits, the name of each class indicating its particular object.
Commercial credits are opened by mail or cable. A letter of credit is
usually issued for a credit that is opened by mail, but rarely for one that is
opened by cable.
A commercial letter of credit is a letter issued and addressed to the ac-
credited party by the bank that opens the credit. It authorizes the party to
draw on that bank or on another bank under certain specified terms and con-
ditions, and guarantees the acceptance and payment of all drafts that are
drawn in compliance with those terms.
132 PAPER WORK IN EXPORT TRADE.
There are differences also in the forms used for the guaranty. Some bank-
ers, however, use a receipt and contract attached to a copy of the letter instead
of a guaranty.
ADVANTAGES OF COMMERCIAL CREDITS .
responsible for the identity of the drawer ; that is, it must know that he is
the person in whose favor the letter has been issued. Beyond this it is only
responsible for a critical examination of the bill and of the documents, to see
that they are properly drawn and signed and comply in every respect with the
requirements of the letter.
The accepting or paying bank. —On receipt of the bill and attached documents,
the drawee examines and compares them with his letter of advice or duplicate
copy of the letter. He then accepts or pays the bill and charges it to the issu-
ing bank. He advises that bank of the date and amount of the charge, and,
in the case of time credits, forwards only the documents. In the case of sight
credits, he may forward the bill also. A credit that has expired before it is
used or exhausted is valueless, unless its time is extended by an order of the
issuing bank sent to the drawee.
Bankers not responsible for goods described. - Bankers concerned in issuing a
commercial credit, or in negotiating, accepting, and paying bills drawn under it,
do not assume responsibility for the quality or quantity of the goods shipped
under it. Therefore, before placing his order and taking out his credit, the
importer satisfies himself of the integrity and responsibility of the exporter and
of his ability to fulfill his part of their contract ; and the exporter, if he agrees
to draw for a part of the invoice only, satisfies himself that the importer will
settle for the difference according to agreement, without making unjust claims
on him.¹
PRACTICE IN ENGLAND.¹
Exports to the United States are most frequently financed by the establish-
ment of a banker's credit by the importer, against which the exporter draws
a bill of exchange. Very often remittances are made by check, and also
1 Robert P. Skinner, United States consul general at London , in Daily Commerce Reports
for Mar. 12, 1919.
PAPER WORK IN EXPORT TRADE. 137
frequently there are open credits with periodical settlements. The credits
are almost invariably opened in London, against which the exporter draws
on terms " cash against documents," these documents being the bill of lading,
the consular invoice, and perhaps other special papers.
The market for sterling bills payable in London is freer than that for
dollar bills , hence local exporters naturally draw chiefly in terms of sterling.
The American importer ordinarily deals with his American banker who, in
turn, arranges with his London correspondent to pay the exporter against
the presentation of the bill drawn on the American firm accompanied by the
usual documents. Most bills of American importers are drawn at 60 days after
sight.
The negotiation of bills of exchange in London, except as provided for in
special contracts, is accomplished through brokers. Exchange rates are quoted
in London in dollars per pound sterling. All financial transactions in the
United Kingdom naturally center at London.
Quotations of New York exchange.— New York rates of exchange and dis-
count are quoted daily in all the newspapers of any standing, and are made
public in this country during practically every business hour of the day.
Local banks receive direct quotations from many exchange centers and are
provided with tape machines. In fact, the system is about as it is in New
York. The New York discount rate is always taken as a basis when pur-
chasing the bill in the United States. No discrimination exists against Ameri-
can bills of exchange.
Collection charges.- Consul Ingram, of Bradford, states, on the authority of
the Bradford Bankers' Clearing House, that there is no agreement in Brad-
ford upon a tariff for collecting clean and documentary items, the circumstances
governing the charge in each particular case. The commission for clean col-
lections is usually lower than that for documentary collections, the charges
probably ranging from 6d. per cent to 2s. 6d. per cent, according to the labor
and other details involved. It is equally impossible to give the cost of col-
lecting clean and documentary items in various cities, this being governed by
complex arrangements which exist between the banks and their agents at
various centers, and also affected by the terms of the account with the persons
for whom the collections are made. However, the usual charge for collecting
clean items would be 1s. ( $0.24 ) per bill unless a yearly charge for services
rendered had previously been arranged.
Stamp duties.-No distinction is made in the stamp duty on clean and docu-
mentary items. On bills payable on demand or at sight or presentation , or at a
period not exceeding three days after date or sight, the duty is 1d. This duty
also prevails on any other bill or note drawn for an amount not in excess of 5
pounds. When the amount exceeds 5 pounds but does not exceed 10 pounds, the
charge is 2d. and 3d. on amounts over 10 pounds but not exceeding 25 pounds.
For bills drawn for higher amounts the additional charge is 3d. for each 25
pounds or fraction thereof. By the finance act of 1899 the duty on a bill of ex-
change drawn and express to be payable out of the United Kingdom when
actually paid or indorsed or in any manner negotiated in the United Kingdom,
shall when the amount for which the bill is drawn exceed 50 pounds, be reduced
to 6d. for each 100 pounds or fraction thereof.
It is not the custom for the drawee to pay these charges directly, but it is
possible that an adjustment as to bill stamps may be made in the trading ac-
count of the persons drawing and accepting the bills. Deductions for stamp
charges are made by local banks from remittances in payment of collections.
There is no charge made for stamps on checks remitted in payment of collec-
tions.
138 PAPER WORK IN EXPORT TRADE.
Rules regarding protest.- In case of protest the amount of charges is 7s. 6d.
($1.82 ) , plus mileage. In the event of the item being paid after protest, the
charges are collected from the drawee.
With respect to the protest of items, foreign bills, which have not been ac-
cepted and/or paid should be noted on the day of dishonor cost, 1s. 6d. ($0.363)
London, 2s. 6d. ( $0.606 ) Bradford. Subsequently protest can be extended, and
it should accompany the bill if returned abroad . If the bill remains in town it
is not necessary to extend protest at once, as this may be done late if required.
The collection and banking charges on bills drawn upon merchants should be
borne by the person for whom item is collected . Collection and banking charges
may, as in the case of stamp duties, be dealt with in the account between the
drawer and drawee of the bill.
Banks in Bradford only guarantee payment when the drafts are drawn under
credit opened by local banks. There is no set charge for opening credits, and
they vary probably from one-fourth to one-half per cent, and in some special
cases they are as little as one-eighth per cent.
Banks accept shipping documents against payment.-The facts stated
in the succeeding paragraphs embody procedure obtaining at Liverpool, but
except when otherwise stated they hold good , in the main, for all English ports.
This information was furnished by Consul Horace Lee Washington.
Banks do not act as consignee of the goods shipped , but parcels may be sent to
them by banking correspondents in America. In this case the shipping docu-
ments are sent to the bank to be delivered to a specified consignee against pay-
ment of an amount indicated. The London City & Midland Bank ( Ltd. ) makes
no charge for these services, but the Bank of Liverpool ( Ltd. ) states that the
charge is 2s. per cent ( $0.486 per $486.65 ) for isolated transactions. When the
transactions are for substantial amounts and the aggregate turnover is con-
siderable the charge would not exceed half this rate.
Customhouse and port regulations.— The customs law of England requires
that the entry of goods must be made within 21 days after the arrival of the
ship, but the regulations of the port authority at Liverpool require goods to
be removed from the quay in 72 hours. Otherwise, penalty rent is incurred
amount to 5s. ( $1.21 ) per hour for the first 24 hours and 10s. ( $2.43 ) per hour
thereafter. Penalty rent is often reduced by the dock board , however, to special
rent and fixed according to the circumstances of the case. These penalties
are not paid by the consignee unless due to his own negligence, but are charged
by him against the goods when he renders his account to the consignor.
If the goods are not claimed, the shipowner passes the necessary customs en-
tries and causes the goods to be stored, and all expenses thus incurred are
claimed before delivery is obtained.
Banks will arrange storage and insurance.-When requested to do so by Ameri-
can banking correspondents, the banks in England will arrange for the storage
of goods and otherwise take steps to protect the American banking house
against loss to its clients through the failure or neglect of the consignee to take
up bill of lading. Rates for draying and storage in such cases vary with the
goods.
Whenever the bank attends to storage it will ordinarily attend also to fire
insurance, but otherwise this is left to the consignee. The premium in such
instances is entered as a charge against the goods. The premium varies
greatly, according to the kind of policy -floating or specific-the character
of the goods, and the location of the warehouse. The Liverpool & London
& Globe Insurance Co. ( Ltd. ) , 1 Dale Street, Liverpool, publish in card or
pamphlet form the complete schedule of rates for various ports. It is customary
PAPER WORK IN EXPORT TRADE. 139
for the consignee to pay the insurance charges and to recoup himself out of the
proceeds of sale of the goods.
In the event of the goods arriving in advance of the related documents, they
may be obtained from the shipping company against an indemnity and letter of
undertaking which is signed jointly by the consignee and his own banker.
Liverpool bank's make no charge for this service, but some London banks
charge one-sixteenth per cent.
Documents needed .- There is no statutory requirement specifying what docu-
ments are needed in shipments to England. Commercial practice requires in
addition to the bill or bills of lading a marine insurance policy or certificate.
It is not usual except under extraordinary circumstances and for satisfactory
reasons to permit examination of goods without specific instructions to that
effect from the consignor.
How bills of lading should be made out. The consignee can not obtain the
goods without producing the bills of lading, except by a banker's indemnity,
whether the bills are made out " to order " or to the order of the consignee. To
give the exporter absolute control of the goods the bills of lading should be
made out " to order," and then indorsed in blank by the party in whose favor
they are made out.
Sale or return of goods.- The information which follows was furnished by
Consul Calvin M. Hitch, of Nottingham.
In case the client of the American bank desires to sell goods shipped, it is
exceptional for banks here to attend to such sales. If requested to do so they
would employ a broker. If requested to have the goods returned they would
hand the documents to a shippng company with proper instructions. Inward
freight and charges, and possibly return freight and insurance, would have to
be paid before the shipping company would act. The goods would not need to
be cleared through the customhouse nor duty paid ; and refund could be ob-
tained on duty already paid.
Phraseology of drafts. - To enable the British bank to remit the face amount
of the bill the draft should include the phrase, " Payable at the selling rate for
demand drafts." This phrase would also cover any collection or interest
charges, since these should be included in the amount of the bill.
If a bill is drawn on this country in a foreign currency the drawee some-
times pays with a draft purchased from another bank in this country ; but this
is not an established custom .
Acceptors retiring drafts before maturity are, by commercial custom, allowed
a rate of interest one-half per cent above the ruling deposit rate of interest
fixed by the London joint-stock banks ; that is, if the drafts are drawn with
documents against maturity. The interest for retiring clean items is a matter
of arrangement between the acceptor and the collecting bank.
Any charges connected with the return of dishonored items, over the protest
fees, are a matter of arrangement, and would be debited in account.
PRACTICE IN FRANCE.¹
Exports to the United States are financed by credits opened through the
Paris correspondent of the American banking institution. The drafts or the
documents are likely to be drawn " to order " and indorsed in blank, or simply
drawn to the order of the financing institution . They may be at sight or at
30 or 60 days' sight.
1 Alexander M. Thackara, United States consul general at Paris, in Daily Commerce
Reports for Mar. 12, 1919.
140 PAPER WORK IN EXPORT TRADE.
Consignee may examine the goods in the customs only when instructions
have been given by the shipper to that effect.
The consignee can not obtain possession of the goods without the bill of
lading, if it is made out " to order " or to the order of the consignee, unless
he produces a banker's guaranty. To obtain absolute control, bills should be
made out or indorsed to the order of the collecting bank, although, generally
speaking, bills come through made out " to order " and indorsed in blank.
Return of goods.- It is unusual for banks to attend to the sale of goods.
If goods are to be returned to shipper, the procedure is quite similar to that
in the United States for a like transaction. A regular customs entry is neces-
sary, and the goods are reforwarded in bond to port. Goods in bond need
not be cleared through the customhouse, hence there is no duty. But if duty
has already been paid there is no refund, unless duty was paid on draw-
back or on " Consignation de droits " ( deposit of customs duty ) , which is
only allowed on certain classes of goods.
Phraseology of drafts.— The customary phrase to be included in drafts to
enable a remittance of the full face amount of the bill without any deduction
is : 66 Payable for this amount plus all charges." This phrase must be embodied
in the bill.
If the remittance is also to include collection charges these charges are
usually indicated in the amount of the bill, and the phrase is : " Payable for
the face amount , plus collection charges, as indicated above, and any
other bank charges."
If interest is also to be paid, add to the above phrase : " And interest at the
rate of from to 99
On bills drawn on France in other than French currency the drawee is at
liberty to purchase his cover where he chooses. There is no legal provision
governing the rate of exchange on drafts drawn in foreign currency. Nor
is there a rate fixed either by law or custom governing the interest allowed
to acceptors for retiring drafts before maturity. Cedents should be consulted.
In addition to the protest fees connected with the return of dishonored
items, a commission of one-half mill, plus 6 francs ( $1.16 ) per protest is made.
This is usually debited in account.
66
in dollars, United States currency, reading Payable in legal currency at the
bank's drawing rate on day of payment for sight bills on New York " ; or ( 2 )
drawn in pounds sterling, reading " Payable in legal currency at the bank's
drawing rate on day of payment for 90 days ' sight bills on London." In
the first instance drafts drawn in dollars-interest charges , bank commis-
sions , etc., should be included in the face amount of the draft if the drawer
expects to recover the amount of his invoice in full without deduction. In the
second instance-bills drawn in sterling-interest, commissions, etc., are in-
cluded in the rate of exchange named by bankers for the bills in question, and
payment by bill on London is arranged by drawees with their local banks as
ruling conditions may make possible.
Another clause sometimes included in drafts may read after the following
fashion : " Payable with interest at 6 per cent per annum from date of draft
to approximate date of receipt of proceeds in ( New York ) . " This is sometimes
employed in drafts on the Far East, the British West Indies, and other markets
where it is impossible to calculate the exact term for which interest ought to
be figured. There is an element of great uncertainty about it, and a great many
foreign houses object to this practice ; in fact, object to paying more than
charges specifically named by invoices. The clause in question, therefore,
should not be included except by previous agreement with the customers.
It should be noted that what has above been called the colonial clause, used
in transactions with South African and Australasian houses, should not be ex-
tended to other markets. In some countries, for example, in the Argentine
Republic, it is understood that it is illegal to require payment of a draft in
larger amount than the sum indicated on its face.
For the sake of definiteness as identifying a foreign draft with a given trans-
action, it is often desirable to modify the customary phrase 66 Value received "
by making it read 66 Value received in goods per S. S. -," or it may be made
still more specific by indicating, for example, "500 bales of cotton ex
S. S. 99 1
Exchange payable by drawee.-Reference to the customary terms of payment
by drawees in case of South American drafts prompts an explanation of what
is expected of drawees when drafts are drawn against them payable in some
other currency than their own. A drawee in Brazil or in Russia, for example,
can not always, of course, tender to the presenting bank the amount of his
indebtedness, as presented by the draft, in American gold dollars or in British
pounds sterling. He has to pay in his own currency such an amount as the
banker will accept as the equivalent of the amount named in dollars or pounds.
Unless specifically indicated by such expressions as those above noted as cus-
tomary in South American bills , the rates at which drawees must pay are usually
dictated by the presenting bankers, based on locally ruling rates of such
foreign exchange. This has hitherto been one advantage in drawing in sterling—
the most common, stable, and economical exchange. A rate of exchange may,
however, sometimes be indicated in the draft itself, always by prearrangement
with drawee. The privilege of paying in the currency in which the draft is
drawn is sometimes granted—i. e., of paying by approved counterdraft in such
currency .
When a fixed rate of exchange is indicated in the draft, bankers themselves
are relieved from any uncertainty, and the customer knows that on the due
date of the bill in question he will be required to pay in gold ( not paper, or,
if in paper, at an enhanced rate to cover the difference between gold and paper
money ) the cost of the bill at the rate of exchange indicated.
1 Because of frauds brought to light in connection with certain fictitious cotton bills of
lading, some New York bankers object to notation on drafts above indicated.
PAPER WORK IN EXPORT TRADE. 143
Guatemala.- Importers ask for three to six months' credit, but six months
from arrival of goods at port is quite usual, plus interest at 6 per cent. The
local bank rate is about 12 per cent.
Haiti. Six months' credit from date of invoice is the rule, but six months
after receipt of goods in warehouse is also given, interest being charged at 6
per cent.
Honduras. Six months' credit is general, but many leading firms buy on dis-
count terms. At Puerto Cortez, 30, 60, or 90 days, plus 6 per cent, or 5 per cent
discount, are the prevailing terms.
Ecuador.- Open accounts are not general, 30, 60, and 90 days' sight bills being
the rule. For upcountry trade, 3, 6, and as much as 12 months' credit after
receipt of goods is often granted , plus 6 per cent interest, as against the 7 to 9
per cent of the local bank rate to merchants. Bank collecting rate, paid by the
buyers, at Guayaquil and Quito is 11 per cent.
Mexico. Recent military and political events have greatly disturbed busi-
ness, but normally the commercial world of Mexico stands well in repute. A
considerable amount of open credit is granted to known firms. Generally speak-
ing, merchants desire credit for at least as long as will enable them to get the
goods through the customs, arranged in stock, and catalogued. Terms vary
much according to locality and also the class of merchandise. In Mexico City
the customary terms are 2 to 24 per cent off for cash in 10 to 30 days, 60 days
net, and 90 days plus 6 per cent. Here, as in Monterey and a few other big
places textiles, haberdashery, and millinery are invoiced at 1 per cent off for
cash, or credit allowed at 30 or 60 days, exceptionally 90 days ; drugs and
chemicals, 60 to 90 days, with one-half of 1 per cent interest, and an equal
rebate for cash within 30 days ; groceries, including preserved goods, 30 to 60
days, with varying discount for cash ; furniture, 30 days less 2 per cent, or
60 to 90 days net ; printing paper 30 to 60 days, and 120 for big amounts.
For machinery and hardware, 60 to 90 days, and 120 for big amounts , may be
expected. Indeed, four to six or nine months' bills, with interest at 6 per cent,
are quite usual for the retailers. Local bank rates range from 10 to 12 per
cent. At Acapulco three to six months' bills are the rule, interest charged at 6
per cent per annum, with a similar discount. Many houses, however, prefer
cash for good discounts.
British manufacturers in the past have shown themselves quite unwilling to
grant the long-term credits often expected , if not demanded , by business men
in Latin America. There can be no doubt that there was some truth in this, and
that, on the other hand, the Hamburg and Bremen merchant shippers were
ready to give the accommodation desired . That the position taken up was justi-
fied, it is contended on behalf of purchasers , was shown by the readiness with
which banks discounted approved bills, thus obviating any question of credit
on the part of manufacturers. Others hold that the credit expected by buyers
was a little unduly lengthened. There appear to be grounds for this belief in
the fact that since the Germans have been shut out of commerce shorter-term
settlements have been acceded to without much demur. It is both fair and wise,
however, to give consideration to the importer's point of view. At Aguascali-
entes many of the leading firms have running open accounts, which are balanced
every six months. A good deal of business is done on the following terms :
Three per cent discount for cash in 10 days , 2 per cent for cash in 30 days, 60
or 120 days, net. At Chihuahua bills are made for four to six months from
invoicing. At Nogales the prevailing terms are sight bills at 90 days, six or
nine months, with a stipulation of 1 per cent per month after they become due.
At San Luis Potosi, three to six months ; at Saltillo, six months' bills are usual,
PAPER WORK IN EXPORT TRADE. 145
with interest at 6 per cent for renewals. At Vera Cruz, British bills are gener-
ally 90 days' sight, while German houses granted six months' paper. A preva-
lent method in Mexico is to pay for mining, heavy agricultural, and industrial
machinery one-third of price with order, one-third on receipt of documents, and
balance one, two, three, or even six months after delivery. Another custom is
for manufacturers' agents in Mexico City or one of the larger ports of entry
to hold stock, which is sent out to retailers on consignment. This applies to
cycles, motors, small machinery, and tools, some classes of hardware, and even
watches and jewelry.
Nicaragua.- Bills are drawn payable in London at six or nine months, with
interest at 5 to 6 per cent. Bills are noted before the bills of lading are de-
livered up.
Panama.- Usual terms, six months. Bill of lading and consular certificate
are attached to the bill, which is accepted and noted at the bank or shipper's
broker before delivery of documents. The bulk of business , certainly in Colon,
is done through commission houses, who ship c. i . f. to port.
Paraguay.- Six months' bills are the rule, but the date commences only after
the goods have passed through the customs. This is a drawback, as with most
merchandise the officials allow quite long warehousing in bond. Consequently a
stipulation should be made for clearance within a given time of acceptance.
Peru.-Shipping documents are delivered against acceptance of bills payable
in 60, 90, or 180 days in London. Interest is charged at 6 per cent, and up
to 8 per cent for extension. With machinery, payment of one-third on receipt
of invoice is usual. Six months' credit is quite common, and some sugar- ma-
chinery makers have granted three years' deferred payment, with interest at 6
per cent on balances. Protest has to be made within eight days, and protested
bills are valid for only four months. Collecting charges in Lima and Callao
are three-eighths of 1 per cent, in other banking centers one-half of 1 per cent.
Salvador.- Much of the business with Europe has hitherto been carried on
through commission houses. When credit is granted, bills are usually drawn
at six months or at six and nine months, documents against acceptance. In-
terest is charged at from 5 to 7 per cent, which compares with the local banks'
interest on loans of 10 to 12 per cent. A growing number of importing houses
prefer to obtain cash terms, with 2 to 3 per cent of invoiced prices.
Uruguay.- Montevidean credit stands high. Many houses have open ac-
counts with their European correspondents. Otherwise accepted bills against
shipping documents are the rule. Such bills may run from 30 to 60 days, but
six months are commonly asked for and granted when wholesale houses travel
the country to distribute textile goods, hardware, drugs, and miscellaneous
articles. In ordinary routine these up-country journeys are undertaken every
three, four, or five months, the travelers also acting as collectors. Hence the
need for credit by the importers. For expensive machinery quite long credits
are sometimes granted. Only moderate interest is charged.
Venezuela.—A heavy percentage of business is done on open credit with
known houses in La Guaira, Puerto Cabello, and Maracaibo, interest being
charged when payment is delayed beyond the specified time. Usually payment
is by means of bills, with from three to six months to run, a small interest
being charged, which rises to 6 or 8 per cent for renewals. Local banks charge
8 to 12 per cent. Many firms take up their acceptances before maturity, ob-
taining a discount. It should be pointed out that retention of shipping docu-
ments affords no safeguard to the shipper, for the Venezuelan customs regula-
125740°-20-10
146 PAPER WORK IN EXPORT TRADE.
66
tions permit the consignee to clear on a customhouse copy," procurable on
payment of a fee.
While an endeavor has been made to give in the above notes a comprehensive
survey of credit terms in Latin America, it should be understood that variations
occur not only as between different trades but between given trades in the
several countries. Much depends, of course, on the standing of importers and
their relations with the shippers. Certainly, wherever possible it is desirable
for the manufacturers to get into as close personal touch with the importers
as is possible. Preliminary inquiries are always desirable and litigation is to
be avoided. It is not because law is expensive or specially uncertain, but it
must be remembered that action has often to be taken in local courts, and
when a republic consists of some form of confederation of States difficulties
are added, as usually great variations are found to exist, especially as regards
procedure in general, and in particular the important item of time limits. With
reasonable precautions, litigation should rarely be necessary in ordinary com-
mercial transactions, as Central and South American business houses of stand-
ing are jealous of their good repute.
APPENDIX.
1. When the price quoted applies only at inland shipping point and the seller
merely undertakes to load the goods on or in cars or lighters furnished by the
railroad company serving the industry, or most conveniently located to the in-
dustry, without other designation as to routing, the proper term is : " F. O. B.
(named point ) ." Under this quotation :
(a ) Seller must (1 ) place goods on or in cars or lighters, ( 2 ) secure railroad
bill of lading, ( 3 ) be responsible for loss and/or damage until goods have been
placed in or on cars or lighters at forwarding point, and clean bill of lading
has been furnished by the railroad company.
( b ) Buyers must ( 1 ) be responsible for loss and/or damage incurred there-
after, ( 2 ) pay all transportation charges, including taxes, if any , ( 3 ) handle all
subsequent movement of the goods.
2. When the seller quotes a price including transportation charges to the
port of exportation without assuming responsibility for the goods after obtain-
ing a clean bill of lading at point of origin, the proper term is : " F. O. B.
(named point ) freight prepaid to ( named point on the seaboard ) ." Under
this quotation :
147
148 PAPER WORK IN EXPORT TRADE.
GENERAL RECOMMENDATIONS.
In reaching the conclusions set forth in this statement the conference con-
sidered the fact that there are, in more or less common use by manufacturers
in different parts of the United States, numerous variations of these abbrevia-
tions, practically all of which are employed to convey meaning substantially
synonymous with those here 66 defined . For instance, there are manufacturers
who quote " F. O. B. cars," F. O. B. works," " F. O. B. mill," or " F. O. B. fac-
tory," meaning that the seller and buyer have the same responsibilities as those
set forth in section 1. The conference considered all those variations and de-
150 PAPER WORK IN EXPORT TRADE .
The conference also strongly urges shippers clearly to understand the pro-
visions of their insurance protection on all foreign sales, irrespective of the
general terms used thereon. In almost all cases it should be possible, when
making shipments by steamer, to obtain insurance cover giving full protection
from primary shipping point to designated seaport delivery , and/or foreign
port delivery. As ordinary marine insurance under F. P. A. conditions, i. e.,
free of particular average, gives no protection against deterioration and/or
damage to the merchandise itself while in transit, when caused by the recog-
nized hazards attending such risks, shippers should endeavor in all cases to
obtain insurance under W. P. A. ( S. P. A. ) conditions, i. e., with particular
average ( subject to particular average ) , when in excess of the customary
franchise of 3 per cent to 5 per cent. Under such form of insurance, under-
writers will be called upon to pay claims for damages when these exceed the
stipulated franchise.
The conference points out that, inasmuch as fees for consular invoices and
similar items are arbitrary charges fixed by foreign Governments, they are
not included in the terms of C. & F. or C. I. F. quotations, and it is part of the
duty of the buyer to meet them.
Finally, the conference strongly recommends, as a most effective measure of
simplification, the general practice of quoting for export, as far as possible,
either " F. A. S. vessel," " F. O. B. vessel," or " C. I. F." Concentration on this
small list, all of which terms are readily understood abroad and are difficult
of misinterpretation, will, it is felt, be markedly influential in avoiding con-
fusion and controversy.
The conclusions and definitions set forth above are the recommendations
of a conference which was composed of representatives of nine of the great
commercial organizations of the United States interested in foreign trade. Not
all have as yet the force of law or long-established practice ; but it is the hope
and expectation of the conference that these recommendations will receive
such adherence on the part of American producers and distributors as to make
them in fact the standard American practice. And it is, therefore, expected
that in due time they will receive the sanction of legal authority.
FORMS FOR PRACTICE WORK .