December 2004             

Shipping

MOL to order 10 more large car carriers


High steel prices, weak US$ hurting Korean shipyards


Undermined: Daewoo Shipbuilding's third-quarter net income fell by two-thirds to 41 billion won as steel plate prices rise by a third since January, boosting production costs.


Zim in $732 million expansion

The Jerusalem Post reports that Zim Integrated Shipping Services Ltd. and its parent company Israel Corporation have outlined plans for acquisition of 12 cargo vessels in a $732 million deal.


Global congestion to slow trade:

Container jam threatens worldwide trade


Analyst expects "major downturn" in container shipping in 2006

Credit Suisse First Boston warned in a report on Asian container shipping that a "major downturn" in the liner shipping market is probable in 2006, with ship capacity increasing much faster than cargo volumes.


TSA Announcement:
2005 Rate Increases

Container shipping lines in the Transpacific Stabilization Agreement (TSA) have completed a detailed assessment of market, operational and infrastructure conditions in the Asia-US container freight market, and finalised pricing plans for 2005 tariffs and service contracts.


Rail

Supreme Court rules “Himalaya” clause protects railroad

In a decision rendered more quickly than anticipated, the U.S. Supreme Court ruled unanimously... that a railroad, as a participant in multimodal carriage, is entitled via a “Himalaya” clause to an ocean carrier’s bill of lading liability limitation under the Carriage of Goods by Sea Act (COGSA).


U.S. intermodal traffic still booming

The Association of American Railroads reported  that intermodal freight carried by major U.S. railroads increased 11 percent to 233,559 trailers or containers in the week ended Nov. 6, from the year-earlier period.


CN, CPR and Norfolk Southern announce agreement to improve freight service between eastern Canada and US


Air

Boeing to Introduce New 777 Freighter

Boeing is expanding its 777 commercial airplane family to include a cargo model that will be the world's largest and most capable twin-engine freighter.

Flying further than any other freighter and providing more capacity than any twin-engine cargo airplane, the new 777 Freighter is due to enter service in the fourth quarter of 2008.

The 777 Freighter will have a revenue payload capability of 101 metric tons, and will accommodate 27 standard pallets on its main deck and 10 in its lower cargo hold. It can fly 5,200 nautical miles (9,630 km) with a full payload and market-preferred cargo load density. Delivering the lowest trip cost of any large freighter, the 777 Freighter will meet QC2 noise standards for maximum accessibility to noise-sensitive airports.

Both the 777 and 747 Freighters accommodate 10-foot-high pallets, providing operators with maximum flexibility.

Boeing forecasts that large widebody freighters (65 metric tons and above in capacity) will comprise 31% of the market by 2023.

eyefortransport.com


Security

TSA Proposes HazMat Background
Check Fee Rules

The Transportation Security Administration (TSA) will soon issue an interim final rule implementing several aspects of the background check requirements for drivers with hazardous materials endorsements as required by the USA Patriot Act.


U.S. container seal requirement may start
with C-TPAT, official says

The U.S. Department of Homeland Security continues to work on a regulation mandating importers use tamper-evident, mechanical seals for all incoming ocean containers...


TSA issues plan to tighten air cargo security

The U.S. Transportation Security Administration issued long-awaited proposals to strengthen air cargo security that include tighter rules for freight forwarders, airports, aircraft operators and foreign air carriers designed to prevent terrorists from using the planes as weapons against targets on the ground or from carrying explosives on a plane.


Ridge: U.S. security depends on
international cargo standards

The United States cannot defeat terrorists without the cooperation of like-minded nations...


New C-TPAT proposal focuses on flexible security standards

U.S. Customs and Border Protection has completed its second draft of revised security standards for importers participating in the Customs-Trade Partnership Against Terrorism trusted shipper program...

World Trade

The Office of the US Trade Representative

U.S. Announces Intent to Negotiate FTAs with UAE and Oman

WASHINGTON, DC – U.S. Trade Representative Robert B. Zoellick today announced the Administration’s intent to negotiate Free Trade Agreements with the United Arab Emirates (UAE) and Oman, important steps on the path to fulfilling the President’s vision of developing economic growth and democracy in the Middle East.


China logistics industry lags: experts

LOGISTICS experts in China have said that the logistics industry in China is lagging behind in terms of scale, system, infrastructure and services compared with the modern logistics industry in other countries.


Official says WTO will not ‘cave in’ to domestic textile groups

Chiedu Osawke, director of the textile division of the World Trade Organization (WTO), told an association of apparel importers in New York that the WTO will not be swayed from “the letter and intent” of the decade-old Agreement on Textiles by increasingly strident demands from domestic textile manufacturers, principally in the United States and Europe, for some form of continued protection for textile and apparel products after existing quotas on such goods fall away on Jan. 1, 2005.


Customs: EU and U.S. act on
container security

The European Union and the U.S. are taking container security measures that "will facilitate legitimate trade through mutually acceptable reciprocal security standards and industry partnership programs."

For seminars and website links see Newsletter frontpage on the web


Shipping

MOL to order 10 more large car carriers

MAJOR Japanese shipping group Mitsui OSK Lines (MOL) is to build 10 large car carriers, to be delivered between 2007 and 2009 and built by either Minaminippon Shipbuilding or Shin Kurushima Dockyard.

This latest newbuilding decisions follows on a series of six car carriers delivered in 2003 and a further 12 ships that are being delivered by 2006. By 2009, MOL will have in service 28 sistership car carriers, capable of carrying 6,400 cars at 20 knots. An MOL statement says that the company aims to expand its car carrier fleet to meet increasing demand. The company forecasts steady growth in worldwide trade volume. It expects its current fleet of operated or owned car carriers will increase from 74 now to over 90 in 2009.

At the same time, MOL says, the company will dispose of older vessels or re-deliver them to their owners, while building a succession of new ships. MOL says that it is creating a fleet structure that can precisely meet the market needs, ensuring that appropriate size carriers are available for every trade.

The new vessels incorporate various environmentally friendly features, including a wind resistance-reducing design patented by MOL and Universal Shipbuilding Corporation that is claimed to save energy and reduce emissions of carbon dioxide and nitrous oxides by about 6 percent.

Emissions are further reduced, by about 30 percent, through use of a new cylinder injection system for main engine lubricating oil.

In addition, to speed up loading and discharging, all the new ships feature movable access ramps for vehicles and improved deck layout.

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Shipping News   November 16, 2004

High steel prices, weak US$ hurting Korean shipyards
Daewoo, Samsung among shipbuilders posting fall in Q3 earnings

SEOUL) The impact of the decline of the US dollar and the global shortage of steel have begun to show in the earnings of the world's biggest shipbuilders.

Daewoo Shipbuilding & Marine Engineering and two other South Korean shipbuilders posted declines in third-quarter profits as the rising price of steel boosted their production costs.

These shipbuilders' earnings were also hurt by losses on foreign exchange rates after the won strengthened against the US dollar, analysts said. South Korea's currency has risen 7.9 percent against the US dollar this year, reducing the value of US dollar-denominated orders when they are repatriated.

Net income for Daewoo Shipbuilding, the world's second-largest shipbuilder, fell by two-thirds to 41 billion won (US$62 million), the Seoul-based company said in a statement to the Korea Stock Exchange yesterday.

Samsung Heavy Industries, the world's third-largest, said profit fell 84 percent and Hanjin Heavy Industries & Construction's dropped by half.

Daewoo Heavy, Hyundai Heavy Industries and other shipbuilders are completing orders they received in 2001 and 2002 at record costs for decade-low prices. Steel plate prices have risen by a third since January, boosting production costs.

Shipbuilders are paid as they complete their orders. Hyundai Heavy, the world's largest shipbuilder, said on Friday it had a 33 billion won loss in the third quarter, compared with a profit of 3.8 billion won a year earlier.

The price of a tanker that can carry two million barrels of crude oil - an industry benchmark - fell to a 10-year low of US$62.5 million in 2001. Prices for new vessels have since risen as demand for cargo space surges on expanding trade with China.

South Korean shipbuilders get more than three-quarters of their steel plate from two of the country's steel mills.

Dongkuk Steel Mill Co has raised the prices of its steel plates used in ships five times this year, by a total of 70 percent to 715,000 won a metric ton. Posco, South Korea's largest steel maker, raised prices of its ship steel plates sold in the country four times this year, or by a total of 50 percent, to 600,000 won a metric tonne.

Earnings were also affected by losses on foreign exchange rates. The won reached 1,103.50 on Nov 9, its highest since Nov 24, 1997, when the threat of bankruptcy forced the country to seek a bailout from the International Monetary Fund. That has raised concerns that profits will be undermined further.

Samsung Heavy's net income dropped to 8.5 billion won from 53.3 billion won a year earlier. Sales rose 13 percent to 1.14 trillion won. The Seoul-based company booked a 37.7 billion won loss because of currency fluctuations and a 33.7 billion won cost after paying more than the market price to redeem convertible bonds.

Hanjin Heavy, South Korea's fifth-largest shipbuilder said its net income for the period fell to 3.6 billion won, compared with seven billion won a year ago. Sales rose by half to 477 billion won.

STX Shipbuilding Co, South Korea's seventh-largest shipbuilder, said on Friday it had a 1.8 billion won loss in the period, compared with a profit of 18.9 billion won a year earlier. Its sales rose 27 percent to 198.5 billion won. – Bloomberg

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Nov 15, 2004

Zim in $732 million expansion

The Jerusalem Post reports that Zim Integrated Shipping Services Ltd. and its parent company Israel Corporation have outlined plans for acquisition of 12 cargo vessels in a $732 million deal.

Israel Corp. (controlled by the Ofer brothers) is the purchaser of the ships, and their transfer to Zim's control is subject to approval by its board..

Twelve box ships are involved. Eight 4,250 TEU vessels have been purchased, and are currently under construction in China for delivery between March 2006 and January 2008. Two of the ships will be wholly owned by Zim, while four will be equally owned by Zim and the Ofer group. The additional two vessels have been leased from London-based Zodiac Maritime (an Ofer group subsidiary) for 10 years. Cost of leasing totals $23,000 per day.

The Jerusalem Post says Zim has also acquired four 6.350 TEU postpanamax ships for its Europe Asia routes. They are being built in Japan, and will be delivered between the first half of 2008 and first half of 2009. Two are wholly owned by Zim, and two will be leased from Zodiac.

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Global congestion to slow trade: APL chief

Widdows tells importers that container jam threatens worldwide trade

Thu Nov 18, 2004

By Peter T. Leach
The JOURNAL of COMMERCE ONLINE

NEW YORK -- The chief executive of APL  warned Tuesday that the growth of world trade is threatened by port and rail congestion, not just in the United States, but worldwide.

The problems of congestion will become particularly acute in 2005 and 2006 when most of the world's liner companies deploy new 8,000- and 9,000-TEU container ships that are on order, Ron Widdows told the Textile and Apparel Trade and Transportation Conference.

"What is not understood is the impact of congestion on carriers' ability to deploy new capacity in 2005," Widdows said. "The problems of inadequate terminal capabilities are global and will be with us for years. Intermodal capability is stretched at nearly all major load centers worldwide."

Widdows, who heads up the liner division of Singapore's Neptune Orient Lines, has spent much of the year warning of growing congestion in an effort to rally support for infrastructure solutions in the U.S. His speech Tuesday marked the first time he had broadened his warning to include most of the world's ports.

In an interview afterward, Widdows said his speech was aimed at shocking the audience of some 400 textile and apparel importers who gathered to hear experts assess the impact of the Jan. 1 elimination of U.S. quotas on textile imports.

"All of the work of the last 15 years on building global supply chains is beginning to become unwound," Widdows said. "The [ocean] trip from Hong Kong to Los Angeles should take 19 days, but the average is now 24 because of port congestion."

Widdows said that "we're getting very low productivity [at LA-Long Beach] on the part of the ILWU [International Longshore and Warehouse Union]," he said. "The labor management relationship between the Pacific Maritime Association has only made the situation worse. It needs to change."

Widdows said that infrastructure problems are contributing to a deterioration of service reliability and loss of velocity through the transportation chain worldwide. This is impacting purchasing and distribution patterns.

"In the United Kingdom and France the infrastructure is even worse than on the [U.S.] West Coast in some ways," he said. "Asia, India, Singapore and Vietnam are coping better, but are having problems.

"Governments in many regions have yet to either develop an understanding of the implications of inadequate infrastructure or move to implement solutions. The U.S. government understands the problems, but can't translate it into action politically," he said.

Widdows' alarm resonated with conference-goers. In an electronic poll taken immediately after, 74 percent of the audience said that congestion in Los Angeles-Long Beach was the most important issue facing them.

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American Shipper Shippers' NewsWire 11/19/04

Analyst expects "major downturn" in container shipping in 2006

   Credit Suisse First Boston warned in a report on Asian container shipping that a "major downturn" in the liner shipping market is probable in 2006, with ship capacity increasing much faster than cargo volumes.

"It's a cyclical business," the investment firm said. "Unless economic growth and global trade is unexpectedly strong going into 2006, and port congestion effectively reduces the growth in global capacity, we believe that 2006 will see a major downturn in container shipping."

 Credit Suisse First Boston's analysis is based partly on forecasts of overall capacity and traffic made by Drewry Shipping Consultants. It predicts the global container fleet will soar about 14 percent in 2006, while traffic will rise only 9 to 10 percent.

 "We forecast that freight rates will fall substantially in 2006, which will mean a sharp earnings decline for the container shipping companies," Hong Kong and Singapore-based analysts wrote in the firm's investment report.

 The analysts therefore urged investors to use conservative valuations of Asian shipping stocks such as China Shipping Container Lines, Evergreen Marine Corp., Yang Ming Marine, Wan Hai, Neptune Orient Lines, Orient Overseas (International) Ltd., Hyundai Merchant Marine and Hanjin Shipping.

On Monday, Ray Miles, chairman of CP Ships, told investment analysts the current bull run of the liner shipping industry could end in 2006 if demand weakens.

He said industry forecasts show "a big gap" between expected supply and demand in 2006, with ship capacity predicted to go up about 14 percent in 2006 and traffic growth forecast to rise about 8 percent. Miles cautioned that the prospect of a downturn in 2006 was still uncertain.

Credit Suisse First Boston also confirmed that 2004 has been strong in terms of profitability for container shipping lines, with freight rates up substantially.

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Bi-Weeky News ~ USA  18 November 2004

TSA Announcement: 2005 Rate Increases

Container shipping lines in the Transpacific Stabilization Agreement (TSA) have completed a detailed assessment of market, operational and infrastructure conditions in the Asia-US container freight market, and finalised pricing plans for 2005 tariffs and service contracts.

The carriers reported that aggregate operating costs in the Pacific continue to rise, and will increase next year by at least 11-12 percent, depending on route and transport mode. Port and inland congestion in the US and Asia, and delays moving through the Panama Canal, have made the situation worse, the group said in a statement.

In response, TSA lines have recommended the following increases in current freight rates, effective in carrier tariffs and upon renewal of service contracts, by no later than May 1, 2005.

A US$285 per FEU increase will be imposed on US west coast and "Group 4" western US shipments. A $350 per FEU for inland point intermodal (IPI) and minilandbridge (MLB) cargo charge will also kick in next year.

In addition, a $430 per FEU rise for all-water shipments to the US east coast and Gulf ports via the Panama and Suez Canals is to be added.

Carriers further recommended retaining a peak season surcharge (PSS) of $400 per FEU, applicable to shipments from June 15, 2005 through November 30, 2005.

The PSS covers higher contingency planning and operating costs during periods of full vessel utilization, such as have been experienced in 2004. It also addresses the structural costs to carriers of maintaining year-round vessel and equipment fleets and schedules. Sustained peak period conditions during 2004 have prompted TSA lines, in a separate action, to recommend extending the current PSS for US-east coast all-water shipments through January 31, 2005.

TSA members include: APL, "K" Line, CMA-CGM, MOL, Cosco, NYK, Evergreen Marine, OOCL, Hanjin Shipping Co., P&O Nedlloyd , Hapag Lloyd, Yangming Marine Transport Corp. and Hyundai Merchant Marine.


Rail

American Shipper Shippers' NewsWire 11/10/04

Supreme Court rules “Himalaya” clause protects railroad

In a decision rendered more quickly than anticipated, the U.S. Supreme Court ruled unanimously Tuesday in the case of “Norfolk Southern vs. James. N. Kirby Pt Ltd.” that a railroad, as a participant in multimodal carriage, is entitled via a “Himalaya” clause to an ocean carrier’s bill of lading liability limitation under the Carriage of Goods by Sea Act (COGSA).

The decision means Norfolk Southern, which had faced a possible maximum $1.5 million tab after a train derailment in which 10 containers of machinery were damaged during the land portion of an international shipment, is likely to be liable only for $5,000, or 10 times COGSA’s $500-per-package limitation of liability, each container being considered one package.

“A single Himalaya Clause,” which extends an ocean carrier’s liability protections to its agents, “can cover both sea and land carriers downstream … confusion and inefficiency will inevitably result if more than one body of law governs a given contract’s meaning,” wrote Justice Sandra Day O’Connor, who delivered the high court’s opinion.

“Under a conceptual rather than spatial approach, the fact that the bills (of lading) call for the journey’s final leg to be by land does not alter the contracts’ essentially maritime nature,” O’Connor said.

“When an intermediary contracts with a carrier to transport goods, the cargo owner’s recovery against the carrier is limited by the liability limitation to which the intermediary and carrier agreed,” she wrote.

“The intermediary (meaning non-vessel-operating common carrier) is not the cargo owner’s agent in every sense, but it can negotiate reliable and enforceable liability limitations with carriers it engages,” O’Connor wrote for the full court, which heard oral arguments in this case Oct. 6

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American Shipper Shippers' NewsWire  11/12/04

U.S. intermodal traffic still booming

The Association of American Railroads reported that intermodal freight carried by major U.S. railroads increased 11 percent to 233,559 trailers or containers in the week ended Nov. 6, from the year-earlier period.

This was the second highest weekly intermodal total ever, trailing only the week ended Oct. 30.

Containers carried by major railroads rose 12 percent to about 168,000 units in the week ended Nov. 6, while trailers increased 9 percent to about 65,000 units.

During the first 44 weeks of 2004, major U.S. railroads handled an intermodal volume of 9.3 million trailers or containers, up 10 percent.

Total carloads moved by major railroads increased 2 percent to about 343,000 units in the week ended Nov. 6, with volume up 3.7 percent in the West and 0.8 percent in the East.

"Freight traffic on the nation's railroads continued to run well ahead of year earlier levels," the association said.

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CN, CPR and Norfolk Southern announce agreement to improve freight service between Eastern Canada and US
10 Nov 2004,
CTL

CN, Canadian Pacific Railway (CPR) and Norfolk Southern Railway (NSR) have announced an agreement that will significantly improve freight service between Eastern Canada and the Eastern United States, say the companies.

The three-party arrangement will give CN and NSR a seamless, direct north-south routing over CPR's lines south of Montreal that will slice as much as two days' transit time off some 20,000 annual shipments. It will also increase freight traffic density and revenues on CPR's wholly owned subsidiary, the Delaware and Hudson Railway.

"This three-railroad agreement will benefit both customers and railroads. First, it will offer CN's existing merchandise carload customers in Quebec and the Maritimes quicker access to important consuming markets in the Eastern United States. And second, it will enable the participating railroads to improve the utilization of their networks and locomotive and car fleets," said E. Hunter Harrison, president and chief executive officer of CN.

Implementation is scheduled to begin Nov. 19, 2004. CN-NSR traffic destined for the Eastern U.S. will move in CPR trains on CPR's line between Rouses Point, N.Y. and Saratoga Springs, under a freight haulage arrangement between CPR and NSR. This CN-NSR traffic will then move in NSR trains over CPR's line between Saratoga Springs and the NSR connection near Harrisburg, Pa., under a trackage rights agreement between CPR and NSR. The new agreement will cut 330 miles off the current routing used by CN and NSR, which sees freight traffic handled more circuitously through the Buffalo, N.Y. gateway.

"We continue to identify and implement efficiencies benefiting shippers throughout North America. This agreement demonstrates our commitment to aggressively pursue opportunities to improve service," said David R. Goode, chairman and chief executive officer of NSR.

"This is an important initiative that takes costs out of the rail industry by placing freight traffic on the most efficient routing without regard to ownership. It also creates a significant source of new earnings for our Delaware and Hudson subsidiary and is another major milestone in improving the profitability and value of this part of our network," said Rob Ritchie, president and chief executive officer of CPR.


Security

TSA Proposes HazMat Background Check Fee Rules

On Wednesday, November 10, the Transportation Security Administration (TSA) issued a proposed rule and will soon issue an interim final rule implementing several aspects of the background check requirements for drivers with hazardous materials endorsements as required by the USA Patriot Act. 

The rules will require the states to indicate whether they will collect and transmit driver fingerprints or whether they will allow the designated TSA contractor to perform these functions.  The rules also propose the fees to be charged in connection with the background checks.  We expect these fees to be between $83 and $103 in states that select the TSA contractor to collect fingerprints. 

The fees assessed in states that perform the fingerprint collection function themselves likely will be higher, as the rule does not establish a ceiling on the state-based fingerprint collection fees.  ATA will be submitting written comments on the rules.  For additional information, ATA members may contact Rich Moskowitz at (703) 838-1910 or rmoskowitz@trucking.org

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American Shipper Shippers' NewsWire  11/12/04

U.S. container seal requirement may start with C-TPAT, official says

   The U.S. Department of Homeland Security continues to work on a regulation mandating importers use tamper-evident, mechanical seals for all incoming ocean containers, but may decide that trusted shippers in the Customs-Trade Partnership Against Terrorism program do so sooner as an interim step until they can properly promulgate a rule, a key cargo policy official said Tuesday.

   DHS officials said in September they intend to follow the recommendations of the industry-led Advisory Committee on Commercial Operations, which called on the government to demand the use of more secure seals at the point of stuffing to protect against terrorists and that ocean carriers certify that the seal has been properly placed on the container before loading on a vessel.

   Elaine Dezenski, deputy assistant secretary for border and transportation security at DHS, said in remarks to the Homeland Defense Journal Conference Tuesday that the department is considering quickly implementing the same requirement for shippers in the C-TPAT program as a temporary safeguard until a formal rulemaking is completed.

   "There is no seal that will prevent intrusion, but we want to be able to detect it if it happens and be able to interdict it, or factor the event into our risk assessment score so we have a better chance of catching a high-risk shipment," Dezenski said.

   Agencies generally go through a lengthy process that requires issuing notices and receiving comments from industry and other concerned parties before a final rule can be published in the Federal Register. Customs and Border Protection, which manages the C-TPAT program, can make immediate administrative changes to C-TPAT without a formal review process because C-TPAT is a voluntary partnership program.

   About 7,100 importers, carriers and transportation intermediaries have signed up to have their supply chain security plans certified by CBP in exchange for faster clearance of their shipments at the border. Many importers are requiring their suppliers and service providers to similarly correct security vulnerabilities in their operations.

   Meanwhile, real world testing of electronic seals and container security devices that combine sensors and wireless communication to immediately transmit an intrusion alert have not produced a silver bullet yet, Dezenski said. Operation Safe Commerce and other pilot programs have demonstrated that "there is a lot of technology available, but less than we thought was really ready for prime time," she said.

   Electronic seals continue to have an unacceptable alarm rate, said Dezenski, who was recently promoted from director of cargo and trade policy.

   "To use this technology in the field the alarm rate needs to be less than 1 percent, which means we are virtually cutting out the possibility of a false alarm. The reason the levels need to be so small is because we don't have the resources to interdict a container every time we have an alarm go off, particularly in a foreign arena.

   "If we are going to rely on electronic surveillance technology we need to make sure the integrity of the equipment is as robust as possible before its use is required," she said.

   She reiterated that the Science and Technology Directorate estimates it will take another three years before it can endorse a container security device for limited deployment and five years for universal deployment on the millions of containers in the system.

   At the same time, DHS continues to develop performance standards for container security devices to detect light, radiation, changes in weight and other indicators that a box has been compromised.

   When the standards and technology are ready the department will determine whether to provide incentives for their use, perhaps as a C-TPAT prerequisite, or issue a regulation mandating their use for the entire industry.

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American Shipper Shippers' NewsWire   11/10/04

TSA issues plan to tighten air cargo security

The U.S. Transportation Security Administration issued long-awaited proposals to strengthen air cargo security that include tighter rules for freight forwarders, airports, aircraft operators and foreign air carriers designed to prevent terrorists from using the planes as weapons against targets on the ground or from carrying explosives on a plane.

The proposed rules, more than a year in the making, include enhancements to the “known shipper” program for shipping freight on passenger aircraft. Frequent shippers who meet certain security requirements are allowed to ship goods on passenger aircraft. Carriers and freight forwarders are required to screen allowable shipments. The new rules are intended to make sure freight forwarders are following the security requirements and would extend the criminal history background check required of workers in secure airport areas to workers who handle cargo in warehouses outside the airport. Currently these workers are not screened, leaving the possibility that they could introduce weapons or explosives into a shipment.

Screening would also extend to pilots and other persons traveling on all-cargo aircraft to ensure they do not pose a threat.

The rules also would expand designated security zones in airports, and security requirements associated with them, to cover air cargo facilities.

"We want the air cargo environment to be treated just like the passenger environment in terms of security,"    said Elaine Dezenski, deputy assistant secretary for policy and planning for border and transportation at the Department of Homeland Security, at a conference Tuesday hosted by Homeland Defense Journal.

TSA also proposes to make all-cargo airlines adhere to stricter rules that cover major airlines. Currently all-cargo carriers operate under less restrictive security requirements that typically govern operators of much smaller aircraft.

TSA has opened a 60-day comment period on the proposal. Comments must be received by Jan. 10.

To read the entire notice of proposed rulemaking and how to submit comments go to: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-24883.htm .

For a PDF version go to http://www.access.gpo.gov/su_docs/fedreg/a041110c.html and scroll down to Transportation Security Administration under Homeland Security Department.

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American Shipper Shippers' NewsWire  11/19/04

Ridge: U.S. security depends on international cargo standards

   The United States cannot defeat terrorists without the cooperation of like-minded nations, but more work on common international technology standards and consistent screening procedures are necessary to increase the effectiveness of border security measures, U.S. Homeland Security Secretary Tom Ridge said.

The top domestic security official said nations need to come together on a cargo security protocol in the same way they adopted the International Ship and Port Facility Security Code through the International Maritime Organization to identify and close vulnerabilities at ports and on vessels. The United States is working with the World Customs Organization, the European Union and other bodies to get other countries to take terrorism seriously and adopt the kinds of principles and programs the United States

Ridge told the Asia-Pacific Homeland Security Summit that countries must also develop a set of international standards for capturing, analyzing, storing, reading and protecting biometric data in order to ensure interoperable access control systems and protecting privacy, according to a copy of his speech. Biometric data is a key component of the U.S.-VISIT passenger screening system, as well as a universal transportation worker identification card being developed by the Transportation Security Administration.

In an acknowledgement that some countries view the United States as pushing a unilateral security, as well as foreign policy agenda, Ridge stated, "The United States is particularly sensitive to the historical, constitutional and cultural differences among nations. We are mindful of concerns over issues of standards and civil liberties with respect to biometrics, biometric passports, border security, student visas and other changes."

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New C-TPAT proposal focuses on flexible security standards  CSCB
The following article is excerpted from the 22 November 2004 edition of “American Shipper”.

U.S. Customs and Border Protection has completed its second draft of revised security standards for importers participating in the Customs-Trade Partnership Against Terrorism trusted shipper program, and is circulating the proposed rules among customs compliance managers at 16 major corporations for feedback.

The new standards maintain C-TPAT as a voluntary program, but are more direct… in spelling out security measures that importers and their foreign suppliers are expected to take in exchange for reduced levels of inspection and eligibility for certain automated customs payment programs.

The new C-TPAT draft, obtained by Shippers NewsWire, move[s] away from characterizing the measures as "minimum standards"…., and instead says importers should apply various prescriptions as needed to correct security gaps based on an assessment of their risk….

“Importers shall have a documented and verifiable process for determining risk throughout their supply chains based on their business model," the draft said. Risk may vary for companies based on trade volumes, country of origin, transportation route and an assessment of the potential terrorist threat based on public documents and media reports.

The other primary change from the previous draft is that C-TPAT importers are required to obtain written documentation indicating whether or not their ocean carriers, terminal operators, brokers and consolidators with whom they contract for transportation service are C-TPAT certified themselves.

The draft standards cover requirements for selecting service providers, container security, physical access controls, personnel, document compliance, security training and information technology protections. As in the original version, importers are required to have procedures to make sure containers are packed without tampering followed by locking with a high-security mechanical seal and in-transit seal verification checks.

CBP officials asked members of the informal focus group to submit comments to the agency by Dec. 3, according to an e-mail accompanying the draft.


World Trade

The Office of the United States Trade Representative

U.S. Announces Intent to Negotiate FTAs with UAE and Oman

11/15/2004

WASHINGTON, DC – U.S. Trade Representative Robert B. Zoellick today announced the Administration’s intent to negotiate Free Trade Agreements with the United Arab Emirates (UAE) and Oman, important steps on the path to fulfilling the President’s vision of developing economic growth and democracy in the Middle East.

Zoellick sent a letter today to Congressional leaders to notify of this intent to negotiate, in accordance with the procedures Congress established under the bipartisan Trade Act of 2002.

Transmittal of the letter to the Hill followed shortly after Ambassador Zoellick’s visit to the UAE and Oman and after House Ways and Means Committee Chairman Bill Thomas led a Congressional delegation to Oman and other countries in the Middle East.

"A free trade agreement with the UAE and Oman will promote the President’s initiative to advance economic reforms and openness in the Middle East and the Persian Gulf, moving us closer to the creation of a Middle East Free Trade Area," wrote Zoellick. "An FTA with the UAE and Oman will build on the FTAs that we already have with Israel, Jordan, and Morocco, as well as the FTA that we recently have signed with Bahrain. It will also encourage the six members of the Gulf Cooperation Council to adopt standards that promote trade and investment. Furthermore, our free trade agreements in the Middle East complement The 9/11 Commission Report recommendation urging the United States to expand trade with the Middle East as a way to ‘encourage development, more open societies and opportunities for people to improve the lives of their families.’"

"These FTAs will directly benefit the United States," continued Zoellick. "By reducing and eliminating barriers to trade, a comprehensive FTA with the UAE and Oman will generate export opportunities for U.S. companies, farmers, and ranchers, help create jobs in the United States, and help American consumers save money while offering them more choices."

The United States trade relationship with the UAE is the third largest in the Middle East, behind only Israel and Saudi Arabia. The U.S. has a combined trading relationship of $5.6 billion and a trade surplus of over $2 billion with these two countries. Major exports to these two countries include machinery, aircraft, vehicles and electrical machinery. Major imports include mineral fuel and woven apparel.

Background

The Office of the U.S. Trade Representative will work closely with the Congress over the next 90 days, as required by the Trade Act, and expects negotiations to commence in the beginning of 2005.

Middle East Free Trade Initiative (MEFTA)

In May 2003, the President proposed a plan of graduated steps for Middle Eastern nations to increase trade and investment with the United States and others in the world economy. The first step is to work closely with peaceful nations that want to become members of the World Trade Organization (WTO) in order to expedite their accession. As these countries implement domestic reform agendas, institute the rule of law, protect property rights (including intellectual property), and create a foundation for openness and economic growth, the United States will take a series of graduated steps with countries in the region tailored to their level of development.

The U.S. will expand and deepen economic ties through comprehensive FTAs, Trade and Investment Framework Agreements (TIFAs), and Bilateral Investment Treaties (BITs), and will also enhance the Generalized System of Preferences (GSP) program for eligible countries. This Administration has concluded two FTAs, Morocco and Bahrain; ratified a third, with Jordan; and signed eight TIFAs with Middle East nations.

United States Trade Agreements

U.S. FTAs: These are reciprocal and ambitious agreements that open markets and strip away barriers across a broad array of goods, services, and agricultural products.

TIFAs: The United States has TIFAs with a number of countries to enhance bilateral trade and coordinate regionally and multilaterally through regular senior-level discussions on trade and economic issues. The TIFAs create Joint Councils that consider a wide range of commercial issues and sets out basic principles underlying the nations' trade and investment relationship.

BITs: These agreements level the playing field and ensure that U.S. investors are protected when they establish businesses in other countries. By safeguarding foreign subsidiaries of U.S. firms, BITs help promote new U.S. exports to the markets of BIT partners. BITs also protect the interests of average American investors, whose stock and bond portfolios often include stakes in foreign-invested firms.

U.S. Trade Agenda

The United States is working to open markets globally in the Doha WTO negotiations; regionally through the Asia Pacific Economic Cooperation (APEC) and the Free Trade Area (FTAA) of the Americas negotiations; and bilaterally, with FTAs. The Bush Administration has completed FTAs with 12 countries -- Jordan, Chile, Singapore, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, Australia, Morocco, and Bahrain. With this announcement, negotiations are under way or about to begin with 12 more countries: Panama, Colombia, Peru, Ecuador, Thailand, the five nations of the Southern African Customs Union (SACU), and now the UAE and Oman. New and pending FTA partners, taken together, would constitute America’s third largest export market and the sixth largest economy in the world.

U.S. – Middle East Free Trade Efforts

The 9/11 Commission Report

The U.S. government has announced the goal of working toward a Middle East Free Trade Area, or MEFTA, by 2013. The United States has been seeking comprehensive free trade agreements (FTAs) with the Middle Eastern nations most firmly on the path to reform. The U.S.-Israeli FTA was enacted in 1985, and Congress implemented an FTA with Jordan in 2001. Both agreements have expanded trade and investment, thereby supporting domestic economic reform. In 2004, new FTAs were signed with Morocco and Bahrain, and are awaiting congressional approval. These models are drawing the interest of their neighbors. Muslim countries can become full participants in the rules-based global trading system, as the United States considers lowering the trade barriers with the poorest Arab nations.

Recommendation: A comprehensive U.S. strategy to counter terrorism should include economic policies that encourage development, more open societies, and opportunities for people to improve the lives of their families and to enhance prospects for their children’s future.

The 9/11 Commission Report - Pages 378-379

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China logistics industry lags: experts

LOGISTICS experts in China have said that the logistics industry in China is lagging behind in terms of scale, system, infrastructure and services compared with the modern logistics industry in other countries.

President of the International Forwarders Association of China, Luo Kaifu, said recently that the general scale of the logistics industry in China was still comparatively small, despite it accounting for 21 percent of China's GDP.

And despite a 30 percent increase in third-party logistics services in recent years, it remains in its infancy when compared tothe US and Europe, both in terms of development and value-added services.

Mr Luo went on to say that the logistics development in China was far from perfect and that current development in China was hampered by a government protectionism, which is leading to monopolistic tendencies in the industry.

President of the Communication and Transportation Association of China, Qian Yongchang, said that although the logistics infrastructure construction in China was improving it was far from able to adequately meet industry demands.

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American Shipper Shippers' NewsWire   11/17/04

Official says WTO will not ‘cave in’ to domestic textile groups

   Chiedu Osawke, director of the textile division of the World Trade Organization (WTO), told an association of apparel importers in New York on Tuesday the WTO will not be swayed from “the letter and intent” of the decade-old Agreement on Textiles by increasingly strident demands from domestic textile manufacturers, principally in the United States and Europe, for some form of continued protection for textile and apparel products after existing quotas on such goods fall away on Jan. 1.

“We are very much aware that this has become an issue of bitter contention,” Osawke said, “and we have a responsibility to listen closely to the concerns of all of our member nations and deal with them as best we can.”

Asked by Shippers’ NewsWire if that meant the WTO might ultimately cave in to the domestics’ demands if a protectionist backlash after the removal of most quotas should be stronger than anticipated, Osawke replied, “absolutely not. Quotas are not coming back. The Agreement on Textiles cannot be reversed or compromised.”

In particular, Turkey’s proposal that self-triggering safeguard mechanisms should be permanently adopted by the WTO is a non-starter, Osawke noted.

The WTO has estimated that, after quotas fall away, it will take two years for “prices to return to normal levels,” he explained. For that reason, a group of WTO members has proposed a two-year moratorium on antidumping duties after Jan. 1, Osawke said.

Asked if the WTO might consider a similar moratorium on safeguard mechanisms aimed at China, Osawke said, “the antidumping proposal is only a suggestion from some of our members, not WTO policy. Some in Geneva think a breathing period” -- which conceivably could be expanded to other protectionist measures, such as safeguards -- “would be useful, but that’s currently only a matter of discussion.”

Osawke spoke at the annual conference of the United States Association of Importers of Textiles & Apparel (USA-ITA), a 16-year-old organization that now has 200 members.

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Customs: EU and U.S. act on container security

The European Union and the U.S. are taking container security measures that "will facilitate legitimate trade through mutually acceptable reciprocal security standards and industry partnership programs."

Adopted within the framework of the EC-U.S. Joint Customs Cooperation Committee, the measures include:

creation of an information exchange network,

agreement on minimum requirements applicable for all European ports willing to participate in the U.S. Container Security Initiative (CSI),

identification of best practices concerning security controls of international trade.

A pilot project is focusing on shipments transiting through both the U.S. and the EU to test the feasibility of exchanging cargo information on transhipments and freight remaining on board to enable customs authorities to identify, monitor and assess the risk associated with transhipments.

Both sides agree that the exchange of information is a vital component of customsÕ security actions and will define and establish standards for sharing information.

The U.S. has invited the EU to post liaison officers at the Customs and Border Protection (CBP) National Targeting Center. This will further improve the exchange of information, the sharing of best practices and the refinement of common risk indicators on the terrorist threat.

To facilitate trade while securing the supply chain, experts from both sides will study the industry partnership programs in place in the European Community and the U.S. The outcome of the study will support further cooperation on development of mutually acceptable reciprocal industry partnership programs.

Recognizing that emerging technologies can promote greater efficiency and can improve security in the international supply chain, both sides have agreed to establish a joint group of experts to explore innovative developments and their application.

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