Is this B/L acceptable?

vivian · Post by **vivian** » Sun Apr 11, 2010 8:09 pm

A L/C call for an ocean bill of lading with shipment to YAN TAI, CHINA with transhipment allowed at HONG KONG only, The bill of lading presented with goods in containers and showing 'port of discharge' as HONG KONG , Place of delivery as "YAN TAI , CHINA"

Is this B/L acceptable?

vivian
tks

Lee · Post by **Lee** » Sun Apr 18, 2010 12:02 am

In my view, B/L is acceptable. B/L is very clear that goods transhipped at "Hong Kong" as port of discharge evidence the same, and also place of receipt is as per lc requirement.

mia vervacke · Post by **mia vervacke** » Sun Apr 18, 2010 11:46 pm

If field 44F 'PORT OF DISCHARGE/AIRPORT OF DEST' of the letter of credit is showing 'YAN TAI, CHINA' then this must correspond with the PORT OF DISCHARGE (not place of delivery) mentioned on the B/L.

I refer to art. 20 of UCP 600: Bill of Lading

a.A bill of lading, however named, must appear to:

iii. indicate shipment from the port of loading to the PORT OF DISCHARGE stated in the credit.

b. For the purpose of this article, TRANSHIPMENT means unloading from one vessel and reloading to another vessel during the carriage FROM THE PORT OF LOADING TO THE PORT OF DISCHARGE stated in the credit.

For me this B/L is not acceptable. Other comments appreciated

pablo · Post by **pablo** » Mon Apr 19, 2010 1:46 am

It's necessary a notation evidencing that the port of discharge is that stated under
place of final delivery. An on board notation as per item 99 ISBP 681 is required.
Missing a m notation the document is discrepant.
Pablo

TLO · Post by **TLO** » Mon Apr 19, 2010 2:01 pm

Dear all,

According to Vivian's information, the L/C required a Port to Port Bill of Lading showing 'Yan Tai China' as the Port of Discharge
with transhipment allowed.
Apparently, the B/L presented showing Port of Discharge as 'Hong Kong' and Place of Delivery as 'Yan Tai, China'.
In my opinion, I will regard this as a discrepancy. As L/C called for Port to Port Bill of Lading (Art. 20 should apply) instead of Multimodal or Combined Transport Bill of Lading (Art. 19 should apply). There is no transhipment involved.
The Bill of Lading presented showing Port of Discharge to Hong Kong and from Hong Kong to Yan Tai, China is using Inland Transportation which is not allowed by L/C.

Other comments are welcome.

fionawang · Post by **fionawang** » Thu Apr 22, 2010 3:22 pm

I think the B/L is acceptable. Because Yan Tai is a very big and famous port in China. They just do transmission between the two ports

loankim · Post by **loankim** » Mon Apr 26, 2010 10:19 am

hi all,

in my opinion this B/L is not acceptable, i think i can apply the conclusion of ICC opinions 1995-2001, Query 226, Ref 162 to seek the answer
.
comments welcomed !

regards,