The National Customs Brokers & Forwarders Association concerned

WASHINGTON -- The National Customs Brokers and Forwarders Association of America is concerned that a provision in new maritime transportation security legislation is unnecessarily harsh and possibly contravenes current security and customs procedures.

The provision, S. 2279, which the Senate Commerce, Science and Transportation Committee approved April 8, is part of the Maritime Security Act, sets fines of $5,000 per bill of lading for cargo left on a pier for more than five days. The cargo could also be moved to a public store or general order warehouse for inspection.

The provision "creates an inconsistent clash with existing customs law and existing security measures, resulting in an untenable 'Catch-22' for importers and customs brokers," NCBFAA President Federico Zuniga said in a letter to committee Chairman John McCain, R-Ariz., released Friday. "Neither the customs broker, nor the importer, nor the steamship line is authorized under existing law to transport the container until entry and release occurs and a permit for its delivery is granted."

Importers already have incentives to get freight off the piers quickly, the NCBFAA said. Steamship lines can start assessing demurrage charges after 48 hours, which can be substantial, the association said.

"It is also in the interests of commerce and the importer that goods move to market quickly," Zuniga said. "When it does not move, it is more often than not due to a hold placed by a government agency."