March  2010       

 

CUSTOMS/SECURITY

TSA to Hold Webinar, Town Hall Meetings
to Discuss 100% Air Cargo Screening

The Transportation Security Administration will be hosting a webinar and conducting a number of town hall meetings around the country in the coming months concerning the requirement for 100% of air cargo flown on passenger aircraft to be screened as of August 2010. Unscreened cargo will not be permitted to fly after that date, TSA states, which could cause logjams at airports, delay time-sensitive cargo and compromise product integrity. To avoid these scenarios and help implement the 100% screening mandate, TSA issued last fall a final rule that establishes the Certified Cargo Screening Program.

TSA will host a webinar from 1:00-2:00 pm EST on Feb. 3 to provide information on the CCSP and how it can help businesses screen cargo cost-effectively and efficiently at various points in the supply chain. This webinar will address issues such as screening cargo where it is packaged, without invasive screening or manipulation later in the supply chain; maintaining in-house packaging integrity; and building bulk configurations to minimize transport costs and maximize efficiency. Those interested can click here to register.

TSA will also be conducting town hall meetings on the CCSP in the following locations.

• Austin (3/17 & 3/18)
• Chicago (6/2 & 6/3)
• Dallas (4/21 & 4/22)
• Denver (5/26 & 5/27)
• Detroit (6/9 & 6/10)
• Houston (2/24 & 2/25)
• Los Angeles (6/16 & 6/17)
• Miami (2/17 & 2/18)
• Minneapolis (5/19 & 5/20)
• Philadelphia (5/5 & 5/6)
• Pittsburgh (3/24 & 3/25)
• Rochester, N.Y. (4/14 & 4/15)
• St. Louis (3/10 & 3/11)
• Salt Lake City (5/12 & 5/13)
• San Francisco (4/28 & 4/29)
• Seattle (4/7 & 4/8)
• White Plains, N.Y. (3/3 & 3/4)

Click here to register to attend one of these meetings.

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EU Report Blasts 100 Percent Scanning Requirement

[Editor’s note: The following article originally appeared in the Feb. 18, 2010, issue of the Advisor, a weekly publication of our ST&R-TAP service, and is reprinted here with permission.]

The European Commission (EC) issued a working paper this month that blasts a U.S. statute that requires all foreign cargo containers shipped to the United States (except U.S. and foreign military cargo) to be scanned by non-intrusive imaging equipment and radiation detection equipment at the foreign port before being loaded on a U.S.-bound vessel by July 1, 2012. The EC believes that if 100 percent scanning were implemented in European ports “it would be excessively costly, would be unlikely to improve global security, would absorb resources currently allocated to EU security interests, and would disrupt trade and transport within the EU and worldwide.” The report states that the EU does not contemplate implementing 100 percent scanning of containers at export and will instead prioritize investments to enhance multilayered risk management systems for targeting and inspecting dangerous cargo and strengthening international cooperation to facilitate this process.

The report indicates that European port procedures and regulations would have to be fundamentally redesigned to comply with the 100 percent scanning requirement. This would represent a considerable financial burden, including €430 million for investments for scanning and radiation detection and an increase of €200 million per year in operational costs. The EC also estimates that the direct transport costs of U.S.-bound consignments would increase by approximately 10 percent and observes that ports unable to implement 100 percent scanning would lose access to the U.S. market, increasing congestion and environmental costs for other ports. Furthermore, the EC believes that the annual welfare loss from trade disruption could total some €10 billion for the EU and U.S. combined and some €17 billion worldwide. According to the report, these welfare costs could skyrocket to about €150 billion per year if 100 percent scanning were replicated on a world scale.

The report favors a system where all exports and imports undergo comprehensive and effective multilayered risk management processed using a range of methods and technologies. The EU is working to fully deploy such a system by the end of this year that will (1) combine electronic systems and practical tools of collection of information prior to arrival to and departure from the EU; (2) enhance risk analysis and risk management procedures; (3) develop new technologies; and (4) coordinate enforcement by customs authorities in all EU member states.

In addition, the EU is seeking to intensify international cooperation with the United States and other countries to “maximize effectiveness and efficiency” and may also consider strengthening bilateral cooperation on such matters as ensuring effective collection of quality data; exchanging relevant security information; implementing mutual recognition of trade partnership programs and other security controls; developing and spreading utilization of new security technologies, including scanning; and building capacities and training of staff for effective implementation.

Secretary of Homeland Security Janet Napolitano told the Senate Commerce, Science and Transportation Committee on December 2, 2009, that her agency will seek a two-year extension of the July 2012 deadline for achieving 100 percent scanning of all inbound ocean-borne cargo containers. Napolitano explained that the Department of Homeland Security would require significant additional human and technological resources that do not currently exist, as well as the redesign of many ports, to be able to comply with the current deadline. The law allows Napolitano to extend the 100 percent cargo scanning deadline by two years and to renew this extension in additional two-year increments if she certifies to Congress that systems to scan containers (at least two of the following criteria would have to be met).

• are not available for purchase and installation
• do not have a sufficiently low false alarm rate for use in the supply chain
• cannot be purchased, deployed or operated at ports overseas, including, if applicable, because a port does not have the physical characteristics to install such a system
• cannot be integrated, as necessary, with existing systems
• will significantly impact trade capacity and the flow of cargo
• do not adequately provide an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel

Copyright © 2010 WorldTrade Interactive, Inc.

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CBP Announces C-TPAT Annual Accomplishments
2009 a Successful Year for Customs-Trade Partnership Against Terrorism
Wednesday, February 03, 2010

Washington – U.S. Customs and Border Protection today announces the Customs-Trade Partnership Against Terrorism 2009 program highlights. Strong validation numbers, continued member growth and increased quality assurance highlight C-TPAT accomplishments in 2009. C-TPAT is a voluntary government-business initiative to build cooperative relationships that strengthen and improve overall international supply chain and U.S. border security.

“The 2009 C-TPAT metrics illustrate that the program is physically and repetitively verifying the security measures of all members, that there is good compliance from members, and that strong action is taken when requirements are not met,” said Bradd Skinner, C-TPAT Director.

2009 Highlights

  • The program exceeded its target of 3,200 validations for the year by conducting 3,420 validations involving 4,131 physical site visits in 75 high risk countries throughout the world. Highlighting this fact, a team of Supply Chain Security Specialists were staying at the JW Marriot Hotel in Jakarta, Indonesia preparing for a validation on the morning of the July 17, 2009 bombing incident. Two thirds of the validations involved formal revalidations (2,244) and the work plan included additional strategies to address risk such as revisiting the original supply chains of certain companies to confirm measures in place, and unannounced visits. This is the first year in the program’s existence in which the number of revalidations surpassed the initial validations.

  • C-TPAT certified 1,237 new members in 2009, an increase of 9 percent from last year, and growing the total number of companies involved in the industry partnership program to 9,617.

  • The program either suspended or removed a total of 297 members as a result of an incident or failed validation. The number of security incidents decreased by 26 percent in comparison with 2008; however, the number of failed validations increased by 20 percent which is attributable in large part to the fact that the program is holding members to a strict 90 day validation report response timeframe.

  • The program adjudicated 51 cases in which the member appealed the initial suspension/removal determination. Of those 51 appeals, 32 were denied and 19 were approved and the partners were re-instated into the program.

  • Validation reports are submitted to the partner on average within 45 days of the date of validation with an enhanced presentation format.

  • The Best Practices catalog was updated and distributed to all members, which now includes hundreds of new and innovative ways in which members are securing their supply chains.

  • In another first, the program conducted a regional specific conference in Buffalo for Northern Border Highway Carriers and several hands-on workshop sessions at strategic ports of entry on the Southern Border.

M.E. Dey recommends C-TPAT certification for importers which can mitigate potential penalties and expedite the Customs release process.  To learn more visit our website or contact us for assistance with the application process.

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IMPORT/EXPORT

IMPORTANCE OF INCOTERMS
By Randy Kupfer, Vice President M.E. Dey Export Division

I recently attended (along with several staff of M.E. Dey & Co.) a seminar presented by the International Credit Executives Group which featured Frank Reynolds who has a wealth of knowledge on the topic.  Frank is a representative to the ICC for the United States.  He is currently involved in meetings regarding the revision of the current Incoterms 2000. Why would I attend a seminar on a topic which is scheduled to be revised by September 2010 with a planned effective date of January 1, 2012.  It was an insight into the planned changes and a refresher on the often misused set of terms defining Buyer and Seller responsibilities in the international supply chain process whether it be an import or export transaction. 

As a freight forwarder, we often advise our customers on Incoterm selection and preferred terms on transactions we are handling. Of course we try to offer the best Incoterm to the respective situation, and as Frank Reynolds advised, you should take control of your shipments through the selection of the appropriate Incoterm whether it be an import or export shipment.  On exports we advise customers to use the “C” or “D” terms which afford you control of the freight movement. This is vitally important especially if you have not been paid for the goods.  On import shipments, Frank recommended the use of “F” terms which will allow you as the importer to control the movement of the goods.

Frank advised that the revised Incoterms should reflect today’s current global environment including the security involved with international shipping.  The planned release date is January 01, 2011.  M.E. Dey will provide you with updates throughout 2010 as they are available.

For a free Incoterms chart from the M.E. Dey website, click here or contact our Logistics or Export division.

To purchase the current Incoterms book from ICC, click here http://store.iccbooksusa.net/incoterms.aspx

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Focus on Boosting Exports Highlights Need for Effective Compliance and Management Programs

U.S.-based companies are about to get more help breaking into foreign markets, with the Obama administration expecting to soon roll out a broad plan to boost exports as part of its effort to increase domestic employment. At the same time, the government is closely scrutinizing export shipments and imposing costly penalties for violations. All exporters, regardless of their experience levels, should therefore take steps to develop and maintain an effective export management and compliance program.

The Census Bureau’s Foreign Trade Division published an article on this topic in the January 2010 issue of the AES Newsletter. Doug Jacobson, head of Sandler, Travis & Rosenberg’s export controls practice group, says the article is consistent with guidance previously provided by the Bureau of Industry and Security and that it provides a valuable overview of the elements of an effective EMCP. Of particular importance is that these plans “must have a sufficient level of operational detail to ensure effective implementation and day-to-day compliance,” Jacobson said. “Such programs need to be specifically tailored to a particular company and a cookie-cutter or off-the-shelf manual is not sufficient.” ST&R’s export professionals have extensive experience helping exporters develop and maintain effective EMCPs that lower risk and improve operational efficiency.

The full text of the Census article is reprinted below.

“The U.S. government relies on the due diligence of exporters to help ensure national security. It is through a strong public-sector/private-sector partnership that the diversion of dual-use items for harmful and destructive purposes can most effectively be prevented. Dual-use items are items that have a commercial application and can also be used in weapons of mass destruction, conventional arms, or terrorism. Given the breadth of commodities that may be so categorized, as well as potential pitfalls with foreign parties to transactions, it behooves companies in all industries to adopt an EMCP.

“Investing in an EMCP that is well integrated into your current business processes can lend predictability, consistency, and security to your export transactions as you ask the right questions and undertake the right analyses regarding parties to your transactions and uses of your items. A well-implemented EMCP, including detailed step-by-step procedures tailored to the specifics of your business, can also lend sustainability and longevity to your business, especially given the recent heightened penalties for export violations.

“Listed below, are the nine key elements identified by the Bureau of Industry and Security (BIS) for any effective compliance program for an exporter of U.S.-origin dual-use goods and technologies. These elements provide a foundation for the basic structure of your EMCP, but your own list will reflect the unique export operations of your company.

1. Management commitment: Senior management must establish written export compliance standards for the organization, commit sufficient resources for the export compliance program, and ensure appropriate senior organizational officials are designated with overall responsibility for the export compliance program. This is in order to ensure adherence to export control laws and regulations and develop and nurture a pervasive corporate culture of compliance.

2. Continuous risk assessment of the export program.

3. Formal written EMCP: A manual of policies and procedures with a sufficient level of operational detail to ensure effective implementation and day-to-day compliance.

4. Ongoing compliance training and awareness.

5. Cradle-to-grave export compliance security and screening: Screening of employees, contractors, customers, products, and transactions, and implementation of compliance safeguards throughout the export lifecycle, including for product development, jurisdiction, classification, sales, license decisions, supply chain management, servicing channels, and post-shipment activity.

6. Adherence to record keeping regulatory requirements.

7. Internal and external compliance monitoring and periodic audits/assessments.

8. Internal program for handling compliance problems, including reporting and escalating export violations.

9. Completing appropriate corrective actions in response to export violations.

“Companies like yours are the first line of our common national security defense and are in the most strategic position to evaluate customers and export transactions. Most U.S. exporters trade in items that are subject to U.S. export control laws, and U.S. export controls help protect our country by keeping goods and technologies out of the hands of countries of concern and terrorists who would use them against us. Developing an effective EMCP is an invaluable way that a company can contribute to U.S. national security and nonproliferation priorities while protecting vital company interests.”

Copyright © 2010 WorldTrade Interactive, Inc.

M.E. Dey offers consulting service and assistance with training, implementation or review of your Export Compliance Program.

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White House Launches National Export Initiative
William B. Cassidy | Feb 4, 2010   The Journal of Commerce Online

Commerce Secretary details inter-agency effort to lift exports to $3 trillion by 2015

Commerce Secretary Gary Locke today unveiled details of President Obama’s plan to double U.S. exports within five years to  $3 trillion while creating 2 million U.S. jobs.

The National Export Initiative will combine trade advocacy with export control reform to increase exports and the number of companies exporting goods to more than one market, Locke said at the National Press Club in Washington.

“Many companies don’t have the resources to identify new markets and opportunities,” Locke said. He said 58 percent of U.S. exporters only ship goods to one country. “We’ve got to drive that up so those companies export to two or three markets,” said Locke.

The Commerce Department and several other federal agencies together will form an “export promotion cabinet," Locke said. The agencies must report back to the president within 180 days, he said.

Locke said the White House is asking Congress to increase funding for trade promotion, including an additional $70 million for the International Trade Administration and $50 million for the Department of Agriculture in next year’s budget.

“We’re not just waiting for 2011 and the budget increases President Obama requested in his budget,” Locke said. “We’re focusing our resources now to increase exports today.”

The ITA plans to hire more than 300 trade experts to promote U.S. companies overseas and help more than 23,000 clients begin or grow their export sales in 2011, Locke said.

“American companies need advocates on the ground who will fight for business,” Locke said. The U.S. government, in the form of the ITA, needs to be “out there pounding the pavement” alongside U.S. companies, he said.

The export initiative will focus on promoting trade, getting financing to small exporters and stricter enforcement of international laws and agreements to ensure U.S. companies fair access to overseas markets and to fight counterfeiting.

Finding access to credit is a major obstacle for companies in the wake of the recession, Locke said. As part of the initiative, the Export-Import Bank will increase financing available to small businesses by $2 billion over the next year to $6 billion.

The bank authorized $1 billion in small business financing over the past three months, Locke said, to boost exports. It will coordinate with the Small Business Administration.

The export initiative will also focus on enforcing existing trade laws, “cracking down on theft of intellectual property rights through counterfeiting,” he said.

Let us assist you with developing your export program!  From consulting to door delivery, the staff at M.E. Dey is ready to assist you.

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COUNTRY OF ORIGIN TRANSSHIPMENT PROBES CAN BE EXPECTED BY IMPORTERS OF GOODS COVERED BY ANTIDUMPING ORDERS
By: Robert B. Silverman

Importers of products that are subject to antidumping duties (“ADD”), but who do not pay ADD because their goods are purchased from vendors in countries not covered by a dumping order, can expect increased country of origin inquiries/investigations from Customs. (See excerpt from news article below). For example, steel hangers made in Vietnam are not subject to ADD, but steel hangers from China are subject to ADD. Customs has received, and is continuing to receive, information about products like hangers that were imported with false origin claims to avoid ADD.

It is the importer of record that will bear the burden of increased duties and penalty assessments if the country of origin claimed on the entry is false. Country of origin compliance reviews can be performed to confirm the origin of products before such inquiries/investigations are launched. These due diligence reviews provide an opportunity to ensure that the manufacturer’s documentation is complete and fully supports country of origin claims. They are best conducted without the time pressures that exist after an inquiry/investigation has been commenced. If you have any questions about these issues, or if we can be of service with respect to this matter, then please feel free to contact our firm.

U.S. MANUFACTURERS REPORT COMPELLING EVIDENCE OF EVASION OF ANTIDUMPING DUTIES ON IMPORTED STEEL WIRE PRODUCTS

WASHINGTON, Feb. 1 /PRNewswire/ -- A coalition of U.S. manufacturers has compiled compelling evidence that certain companies subject to antidumping orders are costing the U.S. Treasury at least $84 million annually due to their deliberate evasion of the antidumping duties. In addition, more than 275 jobs have been lost in the innerspring and hanger industries alone, and additional jobs are threatened by these ongoing schemes to avoid antidumping duties. The information is being presented to Members of Congress, the U.S. Department of Commerce, and U.S. Customs and Border Protection to seek stronger enforcement of existing antidumping orders that are designed to maintain a level playing field for U.S. manufacturers and their workers.

* * * *

These U.S. industries have developed compelling evidence detailing how certain foreign manufacturers are evading duties. In some cases, they are shipping these products to the U.S. via third countries and then falsely designating it as the country of origin to evade the duties, a practice termed “transshipment.” In other cases, an inconsequential modification is made to the product in third countries to avoid the duties. In yet other situations, false labels displaying a different country of origin are placed on shipments of products actually made in China. There is growing evidence that these evasion schemes are being used in other industries, further threatening jobs and the U.S. economy.

* * * *

The Coalition for Enforcement of Antidumping and Countervailing Duty Orders provided the examples of the antidumping duty evasion schemes, documented through extensive records research, interviews and, in some cases, on-site location inspections with respect to steel hangers, uncovered innersprings, and steel nails, but these are just examples of the products that will be under continuing scrutiny once this project is launched.

Press Release Source: The Coalition for Enforcement of Antidumping and Countervailing Duty Orders On Monday February 1, 2010, 11:45 am EST

GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN &KLESTADT LLP COUNSELORS AT LAW

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TRANSPORTATION

Pros & Cons of "Slow Steaming"

pro - Slow Trip Across Sea Aids Profit and Environment

By ELISABETH ROSENTHAL   Published: February 16, 2010

It took more than a month for the container ship Ebba Maersk to steam from Germany to Guangdong, China, where it unloaded cargo on a recent Friday — a week longer than it did two years ago.

But for the owner, the Danish shipping giant Maersk, that counts as progress.

In a global culture dominated by speed, from overnight package delivery to bullet trains to fast-cash withdrawals, the company has seized on a sales pitch that may startle some hard-driving corporate customers: Slow is better.

By halving its top cruising speed over the last two years, Maersk cut fuel consumption on major routes by as much as 30 percent, greatly reducing costs. But the company also achieved an equal cut in the ships’ emissions of greenhouse gases.

“The previous focus has been on ‘What will it cost?’ and ‘Get it to me as fast as possible,’ ” said Soren Stig Nielsen, Maersk’s director of environmental sustainability, who noted that the practice began in 2008, when oil prices jumped to $145 a barrel.

“But now there is a third dimension,” he said. “What’s the CO2 footprint?”

Traveling more slowly, he added, is “a great opportunity” to lower emissions “without a quantum leap in innovation.”

In what reads as a commentary on modern life, Maersk advises in its corporate client presentation, “Going at full throttle is economically and ecologically questionable.”

Transport emissions have soared in the past three decades as global trade has grown by leaps and bounds, especially long-haul shipments of goods from Asia. The container ship trade grew eightfold between 1985 and 2007.

The mantra was, “Need it now.” But the result is that planes, ships, cars and trucks all often travel at speeds far above maximum fuel efficiency.

Slowing down from high speeds reduces emissions because it reduces drag and friction as ships plow through the water.

That principle holds true in the air and on land. Planes could easily reduce emissions by slowing down 10 percent, for example, adding just five or six minutes to a flight between New York and Boston or Copenhagen and Brussels, said Peder Jensen, a transportation expert at the European Environment Agency.

And simply driving at 55 instead of 65 miles per hour cuts carbon dioxide emissions of American cars by about 20 percent, according to the International Energy Agency. Yet many states are still raising speed limits, even as policy makers fret about dependence on foreign oil and emissions that heat the atmosphere.

“There’s a sense of urgency we’ve created — it’s always faster, faster, faster,” said Tim Castleman, founder of the Drive55 Conservation Project, a group in Sacramento that advocates the lower speed limit.

“I can drive 55 right now,” he said. “I believe it will make a profound difference.”

Of course, mile per mile, shipping even at conventional speeds is far more efficient than road travel. Shipping a ton of toys from Shanghai to northern Germany churns out lower emissions than trucking them south to Berlin afterward.

Some carriers initially resisted the idea of slowing down, arguing that speed was indispensable to serving their clients.

“There was initially a lot of skepticism,” said Philip Damas, director of liner travel at Drewry Shipping Consultants of London. “All ships are built with the expectation they’d have to sail fast.”

But now, he said, carriers from Germany to Israel to China are starting to embrace the slow strategy. Today more than 220 vessels are practicing “slow steaming” — cruising at 20 knots on open water instead of the standard 24 or 25 — or, like Maersk’s vessels, “super slow steaming” (12 knots).

And many companies find that the practice allows them to cut prices in an ever more competitive market, even at a time when oil prices hover around $80 a barrel.

Any rise in fuel prices or taxes would enhance the appeal of slow steaming. At the international climate conference in Copenhagen in December, Connie Hedegaard, now the European Union’s climate minister, proposed a tax on fuels used in shipping, saying the proceeds could be used to help poor countries adapt to rising temperatures.

China and India objected, saying it would increase the price of their exports to the West.

There are practical obstacles to a tax. For one thing, longstanding international agreements intended to promote global trade exempt airline and shipping fuel from taxation.

And even if nations were to accept emission ceilings under a so-called cap-and-trade system, there is enormous disagreement over how the accounting would work. Should the Ebba Maersk’s emissions appear on Denmark’s balance sheet, even though it travels from China to Germany and back?

While slowing speeds is a good idea, said David Bonilla, senior research fellow at the transport studies unit at Oxford University’s School of Geography and the Environment, he maintains that it cannot on its own arrest the emissions growth resulting from today’s trade patterns, in which vast amounts of goods are produced in Asia but consumed in Europe or the United States.

To make a difference, he said, fuel costs for long-distance shipping must rise to the point where carriers are forced to invest in new, far more efficient boats or shift to shorter routes.

“What you may have to do is to shift the location of industrial plants in international supply chains to shorten the distance between production and consumption,” he added. “But it’s very difficult to do that.”

Yet in shifting hundreds more ships to its slow steaming program last year, Maersk considered itself prescient: it is convinced that a carbon tax or tighter shipping rules are on the horizon.

“This is not going away, and those of us who are starting now will be ahead of regulations,” Mr. Nielsen said.

Super slow shipping involves adjustments. Maersk had to prove that slow speeds would not damage ship engines in order to maintain engine warranties that did not cover such slow travel. Customers have to factor in extra time for delivery, which can be problematic for time-sensitive products like fashion or electronics, said Mr. Damas of Drewry Shipping.

Maersk has also shouldered the labor costs of having crews at sea for longer periods and added two ships on its Germany-to-China route to maintain scheduled deliveries. But those expenses were canceled out by decreased fuel costs, it said.

Now Maersk is working with customers in the hopes of slowing more boats and contemplating charging customers variable rates, depending on speed.

If so, “they will have to decide what needs to come quickly,” Mr. Nielsen said, “and what can go on the proverbial slow boat to China.”

A version of this article appeared in print on February 17, 2010, on page A1 of the New York Times New York edition.

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con - Shippers Rocked and Rolled

Peter Tirschwell | Jan 25, 2010   The Journal of Commerce Magazine - Commentary

 

It’s not every day that I’m minding my own business and my phone rings, and on the other end of the line is the logistics director for one of the world’s largest retailers. He is in a bad mood. He has called to inform me that there is a crisis in the trans-Pacific market and we need to report it.

His cargo is being rolled throughout Asia, jargon for missing its intended sailing because of a lack of space. His carriers are demanding an “emergency” rate increase as if the clause in his service contract barring such actions didn’t exist. And when his cargo is eventually loaded, the ship proceeds at slow speed as carriers try to save fuel and absorb capacity.

For the shipper, that means more inventory must be in the pipeline, and thus more cost, at a time when retailers are managing inventory conservatively because of the uncertainty of the recovery.

This was not an isolated call. It was one of several nearly identical conversations since the beginning of the year, all initiated by large shippers, that in the aggregate drew back the veil on one of those rare, but combustible, scenarios in freight transportation: a nasty bottleneck that appeared seemingly out of nowhere and, though it may be brief in duration, will likely be remembered for years to come, like the infamous rail and port bottlenecks seen over the last decade.

There is probably not a single major shipper moving goods from Asia to North America that has been unaffected and is not wondering how something like this can be avoided in the future.

How this happened is explained easily enough. If the circumstances are rare, so are the causes. Shippers sourcing in China always push through a stockpile of spring merchandise early in the year in advance of the Chinese New Year, when the country all but closes down for more than a week, similarly to the Christmas-New Year stretch in the West.

This year, the holiday falls in mid-February, later than usual, making January an unusually busy month for cargo movements. “The demand right now is a little more than we had planned for. We have a bit of an artificial peak created by the Chinese New Year,” Peter Keller, executive vice president of NYK Line (Americas), told a panel at a National Retail Federation event in New York on Jan. 11.

Set the pre-Chinese New Year surge against a carrier industry that is reeling from an estimated $20 billion in losses last year as rates and volume collapsed under the weight of a surge in ship ordering ill-timed to the Great Recession.

Funds from multiple carrier refinancings last year will quickly dry up unless a meaningful rate recovery occurs this year, with forced asset sales or bankruptcies the next step if a recovery doesn’t come quickly.

For carriers, 2010 is a year to survive. Given continuing high unemployment and the drying up of consumer spending, shippers don’t see their own business much differently. The stakes are high, and tempers are short.

As painful as it is, this capacity squeeze will pass. But what will be left in its wake? How will shippers and carriers do business with each other when rates are volatile and unpredictable in the extreme and trust is a thing of the past? More than one shipper remarked how the emergency rate increase seemed conveniently timed to the so-called winter deployment in which carriers withdrew capacity from the trade during the normally light winter months.

Carriers deny this, but are open in saying a major push is under way to generate $400 per 40-foot container in non-contracted revenue from shippers beginning on Jan. 15.

“If the contract allows for some kind of automatic adjustment, it is being applied,” said Brian Conrad, administrator of the Transpacific Stabilization Agreement, the carrier discussion group in the eastbound trans-Pacific. “If the contract says no additional surcharge and increase, then what the carriers are doing is approaching shippers on a one-on-one basis, and saying, ‘We know what your contract says; per the terms, we are not able to apply anything, but you know what the situation is. Is there any way to work with you to reopen the contract and put in some kind of adjustment?’ ”

Is there a way to remake the shipper-carrier business environment such that rates are stable, capacity is available and everyone more or less is happy for the long term? The only solution is to acknowledge that container rates are largely set by the market, and to create some form of hedging that would allow shippers and carriers to protect themselves from adverse movements in rates.

Unfortunately, though the industry may be headed in that direction, it’s not there yet.

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With negotiations nearing, shippers and carriers consider 2009’s tough lessons in their 2010 strategies

Dean Tracy, director of international logistics at Lowe’s, had a devilish time getting his spring and summer merchandise on vessels leaving Asian ports in late January. The busiest time of the year for home improvement retailers was approaching rapidly, but space on vessels was unusually tight.

“It was a nightmare,” Tracy told the annual Georgia Foreign Trade conference in Sea Island, Ga., on Feb. 1.

His frustration reflected the dismay spreading among shippers in recent weeks as they watched shipment after shipment “rolled” to later vessels than scheduled, even after agreeing to carrier rate hikes in January that should have guaranteed them space.

The capacity crunch in Asia likely will end with this week’s Chinese New Year celebration or shortly after. Carriers removed a large chunk of vessel capacity from the trans-Pacific for the winter months, as they do every year, but cargo volume leaving Asia before factories close for the two-week celebration were larger than anticipated.

While the resulting cargo backlogs are a temporary phenomenon, the bedlam at Asian ports could have a lasting impact on importers who will begin service contract negotiations with carriers soon.

Those talks should be more intense than any in recent memory. Carriers are determined to increase freight rates, and the specter of another round of congestion during the summer-fall peak shipping season could convince importers that a repeat of last year’s low freight rates would force carriers to cut capacity again.

Carriers’ rates and profitability plummeted last winter as the recession struck with a vengeance. Ships began leaving Asia half empty, carriers panicked, and spot rates dropped from about $2,000 per FEU to less than $1,000 over a few months.

Carriers this spring will manage capacity closely, returning vessels to service only as demand develops. “We’re not going to make the same mistake twice,” Frank Baragona, president of CMA CGM Americas, told the Georgia conference.

Evidence of that strategy emerged in late January, when the strong demand in the run-up to the Chinese New Year spurred carriers to return nearly 50 idled container ships to service. The week leading up to Feb. 1 represented the first significant decline in idled container ships since November 2008, according to Paris-based consultant and analyst AXS-Alphaliner.

Still, some importers and cargo consolidators accuse carriers of keeping capacity tight in order to push rates up faster and higher than market conditions warrant. When carriers late last summer began pulling capacity out of the Pacific, they note, spot freight rates charged to non-vessel-operating common carriers for shipping a 40-foot container from Hong Kong to Los Angeles doubled, according to the Drewry Shipping Consultants’ published Container Rate Benchmark.

Retailers and other importers say rate volatility makes it impossible to price their 2010 merchandise as they place orders with Asian factories for the back-to-school and holiday shopping seasons.

Baragona said carriers last year cumulatively lost about $20 billion in their global operations, and they had no choice but to slash capacity to prevent further losses this year. “In the real world, we’re losing money,” he said.

Carriers already have demonstrated their resolve in Asia-Europe lanes, which picked up before Asia-U.S. business did. Carriers implemented eight rate increases in the Asia-Europe trade over the past eight months, Baragona said.

And carriers are not rushing to return capacity to the Pacific. Baragona said some capacity will come back, as it does every spring, but carriers will act cautiously, watching for signs of a sustainable economic recovery, to avoid starting another rate war.

Walter Kemmsies, chief economist at Moffatt and Nichol Engineers, said U.S. businesses have stabilized and are reporting decent profits, and employment should pick up over the next three months. Job growth would spur consumer spending, which accounts for about 70 percent of GDP. Consumer merchandise is the biggest driver of imports from Asia.

Although economists are divided as to how rapidly consumer spending will return, advance bookings in Asia-to-U.S. trans-Pacific lanes are strong into June, so retailers believe the recovery will be relatively robust. In fact, some factories in China say they will reduce the traditional two-week Lunar New Year vacation period to seven to 10 days because orders are so strong.

“The recovery from Chinese New Year will be much faster than last year,” said Frankie Lau, director of marketing at Orient Overseas Container Line.

 

Therefore, after the customary dip in eastbound freight following the New Year celebration in Asia — a dip that could be far less pronounced this year, considering cargo backlogs — volume could pick up rapidly. That will happen just as importers meet with carriers to negotiate freight rates for their May 1-April 30, 2011, service contracts.

Importers appear resigned to the end of last year’s low rates, but they will make additional service demands on carriers as their rates increase. Tracy of Lowe’s said some carriers acted unacceptably last month by confirming customer bookings but rolling the cargo to subsequent voyages when vessels were overbooked.

Getting carriers to commit to space on a weekly basis is easy, but enforcing the commitments when space is tight is difficult. Carriers rarely agree to pay penalties when they overbook voyages.

The months ahead will therefore be filled with uncertainty as carriers and their customers attempt to develop accurate cargo forecasts and match capacity with demand. Both are seeking the elusive goal of rate predictability.

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Five Carriers to Launch Vessel Agreement
Peter T. Leach | Feb 12, 2010   The Journal of Commerce Online - News Story

CCNI, Hanjin, Hapag-Lloyd, Wan Hai, Zim to serve Asia, Africa, South America

Five shipping lines are setting up a new vessel-sharing agreement that will start service in April between Asia and the East Coast of South America via South Africa.

The joint operation between CCNI (Compania Chilena de Navegacion Interoceanica), Hanjin Shipping, Hapag-Lloyd, Wan Hai Lines and Zim Integrated Shipping Services will serve South Korea, Central and South China, Singapore, South Africa, Brazil, Uruguay and Argentina.

The new weekly service will consist of eleven vessels of 4,200 20-foot equivalent units. Hanjin and Zim will deploy three vessels each, CCNI and Wan Hai two vessels each and Hapag-Lloyd one vessel plus slot purchases from the other lines.

Please contact the M.E. Dey export division to see if your shipments can benefit!


The PORT of MILWAUKEE
Thursday, February 4, 2010

2009 International Business Increased 22 % over 2008

During a year when Great Lakes international shipping was down 25% and most ports saw declines between 15% and 30%, the Port of Milwaukee international tonnage was up 22%. Overall tonnage was down less than 1 %.

"The Port is well positioned as we enter into a period of economic recovery," said Mayor Tom Barrett. "The Port's accessibility to rail, roads and other modes of transportation provides us with the infrastructure we need to capitalize on job creation."

Two of the Port's "bulk" commodities saw a considerable increase: Salt that is distributed from the Port throughout Southeast Wisconsin was up over 23% due to the salt mines production increase. Grain exports were up over 74% due to good shipping rates out of the Lakes.

The Port handled several full shipload project cargoes. The heaviest piece ever to move across Port railroad tracks came in during the summer on a special heavy-lift ship through the St. Lawrence Seaway. The Union Pacific Railroad then moved the 800-ton (1,763,200 pounds) transformer with the oversight of Specialized Rail Carriers. Federal Marine Terminals-Milwaukee, the ports stevedore that loads and unloads ships and barges and provides terminal handling services to/from truck and rail, also brought in two 83,776 pound capacity reach stackers with special attachments to handle future shipments of wind blades. FMT is focusing on its Milwaukee terminal to handle these 150 foot long wind blades, because of the ports favorable inland transportation capabilities. These machines will make the Milwaukee terminal more cost effective and efficient in handling oversized machinery.

Early predictions for 2010 anticipate a steady as you go year for most commodities. However, the Port anticipates an increase in machinery exports, which is the port’s most labor intensive cargo.

M.E. Dey has proudly partnered with the Port of Milwaukee in servicing area importers and exporters and in addressing local trade concerns. Contact our Sales or Logistics Division for more information on services available at the Port.

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WORLD TRADE

Priority Trade Issues

Over half of the merchandise for sale in U.S. markets comes from abroad. In 2007 the total value of all imports into the U.S. was more than $2 trillion. For CBP, whose mission is to prevent terrorists and terrorist weapons from entering the U.S. —while facilitating the flow of legitimate trade and travel—processing these imports meant handling 22 million entry summaries with over 102 million lines, and collecting $32 billion in revenues.

CBP prioritizes which trade issues to look at most carefully by using a strategically layered risk management approach based on the potential impact of noncompliance. The Office of International Trade (OT) in CBP is organized to focus resources on the following designated Priority Trade Issues (PTIs)—high-risk areas that can cause significant revenue loss, hurt the U.S. economy, or threaten the health and safety of the American people. These PTIs are reviewed periodically as OT constantly assesses new risks and how it can best enforce the trade laws of the U.S.

PTIs form the core of the risk management approach outlined in the CBP Trade Strategy.They drive the investment of CBP resources and enforcement and facilitation efforts, including the selection of audit candidates, special enforcement operations, policy issuance, outreach and legislative and regulatory initiatives.

In alphabetical order, these are the Priority Trade Issues.

Antidumping and Countervailing Duties (ADCVD)
When the Department of Commerce finds that imported merchandise was sold in the U.S. at an unfairly low or subsidized price, CBP is responsible for collecting the AD/CV duties timely to level the playing field for U.S. companies injured by these unfair trade practices. The goal of the AD/CVD PTI is to detect and deter circumvention of the AD/CVD law and to liquidate final duties timely and accurately, while facilitating legitimate trade.

Import Safety PTI
- 12/09/2009

Intellectual Property Rights
The Intellectual Property Rights PTI is focused on the use of targeting, training, audits, international cooperation, and other means to stop the importation of counterfeit and pirated goods that harm our economy and threaten the health, safety and security of the American people.

Penalties
The goal of the Penalties PTI is to ensure that penalties are effective in deterring noncompliance. This requires national direction and uniformity among the 326 ports of entry and 41 Fines, Penalties and Forfeitures field offices, as well as the use of appropriate compliance alternatives and a focus on violations involving other Priority Trade Issues.

Revenue
The goal of the Revenue PTI is to ensure that CBP has effective internal controls to protect the duties and taxes (over $32 billion in 2007) it collects for the U.S. Government, and that its financial reports meet the highest accounting standards.

Textiles
The goal of the Textiles PTI is to ensure that textile imports, which generate more than 40% of the duties collected by CBP, fully comply with applicable laws, regulations, quotas, Free Trade Agreement requirements, and Intellectual Property provisions.

 

For additional information on Priority Trade Issues, click here

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Trade Preferences and MTB Strategy Taking Shape

Congress may act soon on a very limited Miscellaneous Trade Bill, to alleviate problems created when many of the duty suspensions expired on December 31.


PRODUCT SAFETY DUTY REFUND OPPORTUNITY
January 28, 2010  By: Alan R. Klestadt  Frances P. Hadfield

In 2009, the U.S. Court of International Trade issued a decision in Volkswagen v. United States, 540 F.3d 1324 (CIT 2009) that may provide duty recovery opportunities for importers of merchandise found not to meet government mandated safety standards.

Pursuant to 19 C.F.R. § 158.12, an importer may claim an allowance in value (and a refund of duties) for merchandise that is defective at the time of importation. In order to successfully make a claim for a Section 158.12 allowance, the importer must establish that the goods were defective at the time of importation.

In the Volkswagen case, the National Highway Traffic Safety Administration found that certain imported vehicles did not comply with established safety standards and issued a government recall of the vehicles. Volkswagen, citing the recall, filed protests with U.S. Customs and Border Protection (“CBP”) seeking a value allowance due to the defective nature of the vehicles and a duty refund in accordance with Section 158.12. CBP denied the importer’s claims and Volkswagen filed suit in the CIT. Although the trial court initially sided with the government, on appeal, the U.S. Court of Appeals for the Federal Circuit found that the government recall established that the vehicles were defective and further held that “the very nature of a government mandated safety recall establishes the high likelihood that any defects repaired pursuant to the recall existed at the time of importation.” 540 F.3d at 1336. The case was remanded to the CIT where the court subsequently held that Volkswagen was entitled to an allowance in value pursuant to 19 C.F.R. 158.12.

The Volkswagen case may have significant implications to importers of products which are subject to recalls or which were found to violate the Consumer Product Safety Improvement Act of 2008 (“CPSIA”). In this regard, goods which were rendered unsaleable, or refurbished to bring them into compliance with the CPSIA, may be deemed defective under the Volkswagen case and may therefore be eligible for duty refunds.

GRUNFELD, DESIDERIO, LEBOWITZ, SILVERMAN &KLESTADT LLP COUNSELORS AT LAW


CPSC Extends Enforcement on Testing

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (5-0) to extend a stay of enforcement on testing and certification of many regulated children’s products.  While enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.

Click on the above link to view more information on specific children’s products.

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EVENTS/SEMINARS

March 04, 2010  4:00pm to 5:30pm

Seminar - MWTA Monthly Meeting - Target challenging export markets

Some export markets with great potential may be viewed as too challenging. Wisconsin firms are active in these challenging but profitable countries. Learn from their experiences.

Contact: Jeanette Mikulski, ph: 414-287-4141     Website: http://www.mwta.com

Commerce Contact: Susan Dragotta, ph: 262-691-5147


Export Potential in Challenging Markets

Thursday, March 04, 2010, 4:00pm - 8:00pm  Radisson North Shore

4:00 – 5:30 PM – Program I: Export Potential in Challenging Markets
Panelists: Tracy Anderson, American Signal Corporation, Chris Roller, American Signal Corporation,
Ursula M. Wegrzynowicz, Trade Acceptance Group

http://www.mwta.com/news/past-news/171-export-potential-in-challenging-markets


Upcoming BIS Seminars

Chicago, IL  March 9-10

Complying with U.S. Export Controls Details

Chicago, IL  March 11

How To Develop an Export Management and Compliance Program Details

http://www.bis.doc.gov/seminarsandtraining/elsem.htm


March 16, 2010
"OBAMA AFTER YEAR ONE - ARE YOU STILL STIMULATED"
in the Morning
Presented by: Menzie Chinn
Professor of Economics & Public Affairs at the Lafollette School at UW-Madison

"MAINTAINING BRAND CONSISTENCY IN THE GLOBAL MARKET"
in the Afternoon
Presented by: Linda Gorchels
Director of Executive Marketing Education at UW School of Business

For Meeting Details - Click Here    Click Here To Register Online

Click Here For a List of Meeting Attendees


March 19, 2010  7:30am to 10:00am

Seminar - Marketing to India

India is becoming an important market for US goods and services. Gain an understanding of the potential for Wisconsin exporters and the resources available to help you overcome business and cultural challenges in this dynamic marketplace.

Location: Pewaukee WI      Contact: Marilyn Jenkins, ph: 262-691-5551    Website: http://www.wctc.edu

Event Cost: $49     Commerce Contact: Susan Dragotta, ph: 262-691-5147


April 07, 2010  8:30 am to 4:30 pm

Seminar - Global Sales, Sourcing & Product Promotion

Learn about international customer expectations and cultural requirements. Explore implementation of global market plan; market research, strategy, and product liability implications. Review budgeting process and report requirements related to global activities.

Location: Appleton WI    Contact: Nancy Peters, ph: 920-735-4844   Website: http://www.fvtc.edu/global

Event Cost: $179.00


April 10, 2010 to April 20, 2010

Trade Mission - Brazil, Chile and Peru Trade Mission 2010

The Wisconsin Department of Commerce, in conjunction with the Council of Great Lakes Governors and other member states, is leading a multi-sector trade mission to Brazil, Chile and Peru. The goal of this mission is to assist small- to medium-sized companies to export products and services to these rapidly-growing markets. Participants will have customized one-on-one business appointments with prospective representatives, distributors and/or clients, and benefit from in-country business briefings, and networking with other exporters.

Contact: Susan Dragotta, ph: 262-691-5147    Website: http://www.cglg.org 


Trade Day Program Update

The 46th Annual Wisconsin International Trade Conference

Tuesday, May 11, 2010 – 8AM to 6PM – Italian Community Center, Milwaukee, WI

http://www.mwta.com/news/past-news/155-trade-day-program-update


Certified Global Business Professional
“Learn to Earn”
NASBITE CREDENTIAL
at FVTC Appleton
Earn your NASBITE Certified Global Business Professional credential!

All seminars will be held on Wednesdays, from 8:30 AM -- 4:30 PM

Global Sales, Sourcing & Product Promotion
Global Trade Finance & Banking
Global Supply Chain & Logistics Management

To learn more about the NASBITE, select: Learn more!

To register for one or all of these seminars, select: Register!
(All participants must register through the FVTC B & I registration portal. Please do not register at MyFVTC.)

 

NASBITE exam at FVTC Appleton, June 12, 2010. Schedule your exam at: www.nasbite.org

Schedule your NASBITE exam (held at FVTC on June 12, 2010) at: www.nasbite.org : NASBITE Exam

For additional information, contact: Nancy Peters
Global Education & Services   920-735-4844 or 920-243-8659 (mobile)

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The DeyTimes Newsletter is an online international trade information service, published electronically by M.E. Dey & Co., Inc. (publisher) The publisher has taken all reasonable steps to verify the accuracy of the content of this site. The publisher does not and will not at any time accept any responsibility or otherwise be liable for any loss or damage whatsoever that you may suffer as a result information contained in this newsletter. Links are provided for your convenience only. Accessing links to third party Web sites and use of or reliance upon third party material is solely at your own risk.

NOTE: Information contained herein is of necessity a summary of complicated and fact-specific issues. It is not intended to convey legal advice, and receipt of it does not constitute or create an attorney-client relationship. Before you act on any information provided in this document, you should seek professional advice regarding its applicability to your specific circumstances.

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