It is commonly called a 400 amp service even though it is technically rated 380 amps. This could be a problem if the load was greater than 380 amps. Usually a very unlikely occurrence if it is a residential panel. I have one now that is calculated at 350 amps but I doubt it will see that very often or ever.So the term 400 A service is defined by the OCPD and not the load amps.
So the term 400 A service is defined by the OCPD and not the load amps.