Referring to Sheilars case which is posted on 5 May (SWQ 82) which B/L stated:

--one of three cargoes in container
--service type FCL/FCL

You have defined that the presented B/L is discrepant according to ISBP681 paragraph 114

I want to inquiry how about the three scenario as below

Scenario one

--one of three cargoes in the container
--service type : FCL/LCL

scenario two

--one of three cargoes in the container
--service type : LCL/LCL

scenario three

--one of three cargoes in the container
--service type : nil

thank a lot

best regards

None of the examples given are - in my view - conflicting with paragraph 114.

This issue - exemplified by e.g. Single Window Question No. 82 - has been highly debated lately - and one problem is that only limited practice exists. In place is ISBP §§ 90 and 114 - as well as the ICC opinions on which those ISBP paragraphs are based (TA99 and GE61).

As such it is problematic (perhaps even risky) to provide any general answers on this issue - as one would most likely need to see the specific transport document in order to make the final evaluation.

For applying ISBP § 114 there are some pre-requisites that need to materialise:

That the goods are shipped in a container.     That the transport document indicates that the goods are covered by more than one transport document     That the transport document indicates that all issued transport documents must be surrendered before release of the full container     That in case there is indeed more that one transport document issued, and that all of those are required before release of the full container - those do not form part of the same presentation under the LC.   As mentioned in SW-82 - it will normally be clear from the transport document presented - how the goods covered by that transport document are to be released to the consignee at the destination. In primary focus however has been the so-called "movements" (referred to as "service types" in this question). As expressed in SW-82 - it is my opinion that where the container is to be released as "FCL" then the container will be released to the consignee as a full container. In all examples that I have seen of transport documents presented under an LC – clearly discrepant according to ISBP § 114, the transport document has mentioned exactly that. It can of course not be ruled out 100% that there may in fact be examples of FCL containers containing part loads - that would not be discrepant according to ISBP § 114. For that reason we urge the readers of lcviews to provide us with real examples of transport documents that are of interest in the light of this issue. We will then publish on these pages - of course with all names and other sensitive information removed. Kindly e-mail scanned documents to: lcviews@lcviews.com

Thanks in advance and Best regards

Kim Christensen