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码头作业费(THC)是伴随着集装箱运输方式的出现而产生的概念,在中国关于码头作业费的纷争至今未能解决。文章在分析集装箱运输实践的基础上,认为THC是班轮公司为弥补从接货到货物装船期间向港口经营人支付的码头操作费用而单独收取的费用,其在性质上是作为整体运费的组成部分。同时,结合国际贸易实务,分析THC在中国争议的根源在于多年来出口方对国际贸易术语和集装箱运输条款的混淆和错误适用,并提出选择契合集装箱运输方式的贸易术语是解决争议的关键。
Terminal Operating Cost (THC) is a conception that has emerged with the advent of container shipping methods. The dispute over terminal operating costs in China has so far failed to be resolved. Based on an analysis of the container shipping practices, the article considers that THC is a fee that a liner company charges separately to compensate for the terminal operating costs paid to the port operator from pick-up to shipment, which is, in nature, a component of the overall freight rate section. At the same time, the author analyzes the root causes of THC’s dispute in China over the years because the exporter confused and misapplied the terms of international trade and container transportation, and proposed that choosing the trade terms that fit the mode of container shipping is the key to resolve the dispute.