Tariff No 5 - Section 5
Payment of Charges & Other Requirements
Item No. 501—The Inventory Control and Recordkeeping System and Alternate Inventory Control System.
(a) All FTZ Users must use an Inventory Control Recordkeeping System (ICRS) for all Foreign Status merchandise that complies with the CBP and the United States Department of Commerce requirements. If the FTZ User also handles Domestic Status merchandise, the FTZ User must also track said merchandise in an Alternate Inventory Control System (AICS) of the FTZ User’s choosing.
(b) Each FTZ Operator and each Subzone Operator must establish and maintain an ICRS in accordance with the CBP Regulations at 19 C.F.R. § 146.
(c) If an FTZ User requests a system enhancement or upgrade to the ICRS to benefit the FTZ User, and the Grantee’s Operator, at its sole discretion, approves implementing such enhancement or upgrade, the FTZ User shall be responsible for the cost of the enhancement or upgrade plus a fifteen percent (15%) administrative charge.
Item No. 502—User Responsibility.
(a) Grantee provides FTZ Users with permission to use ICRS software. FTZ Users shall utilize the ICRS software at their sole expense and shall be responsible for acquiring any necessary computer software, hardware, and internet connectivity.
(b) FTZ Users shall be responsible for all maintenance and repair work required to keep their equipment in operating order. FTZ Users shall ensure that their locations or their terminals are not used by unauthorized personnel to access information from the ICRS. Unauthorized personnel for the purposes of this Tariff shall be any person or entity other than the FTZ User and its employees. In addition, FTZ Users shall ensure that any use of the ICRS by their employees is conducted in a proper and legal manner.
Item No. 503—ICRS Access Hours.
(a) Access to the ICRS, via Internet, is generally available to FTZ Users 24 hours per day, seven days per week; however, U.S. Customs Forms printed outside of normal business hours will not be submitted to CBP until normal business hours, as defined in Item 208 of this Tariff.
(b) Grantee’s Operator reserves the right to reduce the ICRS service levels during unusual circumstances such as, but not limited to, (a) electrical outages, (b) requirements mandated by applicable laws, rules, or regulations, (c) requirements of Grantee, (d) intrusions against security regulations and measures, and (e) adverse operational impacts, including errors, omissions, and noncompliance with Grantee’s internal procedures.
Item No. 504—Limitations on Grantee Liability.
(a) Neither Grantee nor Grantee’s Operator is liable for or assumes any responsibility for the integrity or accuracy of the data, or for incorrect data, submitted to CBP via the ICRS regardless of the person or entity that inputs or verifies the data. Neither Grantee nor Grantee’s Operator shall be held liable for failure of the ICRS, including, without limitation, due to Uncontrollable Forces as defined in Item 407 of this Tariff.
(b) In consideration of Grantee’s provision of the ICRS infrastructure, each FTZ User, FTZ Operator, and Subzone Operator hereby releases, acquits, and forever discharges Grantee and Grantee’s Operator of and from any and all claims, demands, damages, actions, rights, suits, defenses, judgments, executions, obligations, and liabilities of any kind or nature that the FTZ User, FTZ Operator, or Subzone Operator had, now has, or hereafter may have that arise out of, or are directly or indirectly connected with or related to, the ICRS, except as required by law. Each FTZ User, FTZ Operator, and Subzone Operator agrees at all times hereafter to indemnify, reimburse, and hold Grantee and Grantee’s Operator harmless against any and all claims, suits, actions, damages, costs, charges, and expenses (including, without limitation, court costs and attorneys’ fees) and against liabilities and losses Grantee or Grantee’s Operator shall or may hereafter suffer or incur by reason of any action taken by the FTZ User, FTZ Operator, or Subzone Operator in connection with the ICRS.