 In The Press |
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| CBP To Require Bolt Seals For All In-Bound Containers nsf fees?< |
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| Effective October 15, 2008, U.S. Customs will require that all freight containers in transit to the U.S. by ship, rail or truck have bolt seals that meet the ISO PAS 17712 standard. This mandate is pursuant to the 2007 amendment to the Safe Port Act, which required this step if DHS and CBP did not issue an interim final rule on minimum container security standards by April 1, 2008. Since an interim rule was not issued by that date, the language of the 2007 Safe Ports Act amendment provides as follows: (i) effective not later than October 15, 2008, all containers in transit to the United States shall be required to meet the requirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers. Customs is likely to provide for exceptions to the bolt seals requirements for containers which cannot accommodate seals (e.g., tanks, open-topped containers), and Customs has indicated that air shipments are not intended to be included in the mandate. The main impact of this new requirement will be on importers who are not C-TPAT certified, since C-TPAT importers must currently use seals which meet or exceed the current ISO PAS 17712 standard. Customs is expected to issue a June 2008 notice to the trade regarding these requirements but Customs did not indicate whether comments will be accepted. |
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| Containerized exports surge at ports of LA/LB |
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| Containerized exports continued to surge in April while imports languished in the ports of Los Angeles and Long Beach. Los Angeles, the nation’s largest container port, reported an increase of 19.5 percent in containerized exports in April compared to the same month a year ago. Exports in Long Beach, the second-ranked container port, increased 35 percent compared to April 2007, according to information posted on the ports’ Web sites. Imports, however, continued the downward trend that started in the second half of 2007, down 10.9 percent in Los Angeles and 7.5 percent in Long Beach on-year. Since imports outnumber exports in Southern California by more than two to one, both ports reported a decline in total cargo volume, by 10.9 percent in Los Angeles and 3.9 percent in Long Beach. The numbers also reflect a steep decline in empty containers. That development is a reflection of the strong export market as many containers that used to be returned empty to Asia are now being sent back with cargo. Global Insight and the National Retail Federation, publishers of the monthly Port Tracker, project weak imports at all U.S. ports through August. Port Tracker projects that U.S. imports will increase slightly in September. |
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| Staten Island NY terminal NYCT easing truck jam |
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| New York Container Terminal announced Monday it is taking a number of steps to ease truck congestion at its terminal on Staten Island . The congestion is caused by the rapid increase in export loads, which have increased by 85 percent over the past several months. In a message to motor carriers from NYCT’s Chief Executive, Jim Devine, the terminal will extend its gate hours from a normal 6 p.m. closing to a targeted 9 p.m. closing with full receiving and delivery up through 8 p.m. In addition, NYCT is taking the following steps immediately: -- Changing its internal procedures to assign an additional checker to any import stacks that have been blocked rather than grounded in the normal configuration. The statement said the additional checker will be working the truck line asking truckers what boxes they are scheduled to pick up in specific areas so that the toploader driver is aware of what boxes are pending delivery and therefore will not “bury them” only to have to dig them out again. -- Moving long-standing empties off-dock to a remote area in order to make more land available for the better segregation of inbound loads. -- Reinstalling the former bobtail lane whereby drivers will move to an additional workstation in order to be routed. This will be in addition to the existing bobtail lanes. -- Working with both Port Authority police and New York City police to better control the traffic flow to and from the facility. -- Changing its working pattern so that more toploaders are available during gate hours to service both the delivery of inbound loads and the grounding of export loads. The terminal said it also is taking a number of longer-term steps to improve traffic flow, including: -- Installing additional bobtail podiums adjacent to the terminal off Western Avenue over the next six to eight weeks so that it can segregate the bobtail lanes and thus have more queuing space for returning loads and empties. -- Ordering additional material handling equipment such as top loaders, in order to better service the truck line. -- Reviewing how quickly it can upgrade the gate-processing system in order to process trucks faster. |
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| Truckers Protest in Oakland |
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| Operations at the Port of Oakland and the Union Pacific rail ramp at Lathrop, Calif., continue to be hampered by a shortage of truck capacity due to protests by independent drivers over the high cost of fuel. Some protestors engaged in intimidating tactics, such as throwing bricks at drivers who attempted to enter the port, further compounding the driver shortage problem. "These are renegade protestors moving from terminal to terminal," said Dick Coyle, chief executive of Devine Intermodal. Cargo-handling operations have been affected sporadically over the past several days, said Gay Joseph, general manager of marine administration and finance at the Port of Oakland. For example, traffic flow was normal Wednesday morning, but as the day wore on more protestors showed up and truck traffic dropped off, he said. All marine terminals are keeping their gates open and the Oakland Police Department is patrolling the harbor area and keeping protestors outside of the terminal gates, Joseph said. Nevertheless, a number of drivers chose not to return to the port Wednesday afternoon due to the actions of protestors, he said. The protestors distributed flyers in the harbor demanding that shipping lines and cargo owners pay higher fuel surcharges and higher freight rates. |
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| Customs unable to collect antidumping duties, GAO says nsf fees? |
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| Although importers owe more than $600 million in antidumping and countervailing duties, Customs and Border Protection can’t collect the largest share because the importers have disappeared, have no assets or declared bankruptcy, the Government Accountability Office reported on Wednesday. The congressional watchdog agency found that 26,000 importers owe the government antidumping or countervailing duties, but the average bill is skewed upward because a small number of companies owe very large bills. For half of the unpaid bills, the average amount was $309. Antidumping or countervailing duties are surcharges added to normal duty rates to correct unfair market competition with U.S. companies. Importers are charged after the Commerce Department determines that the goods are being sold below the market price in the exporting country, or they have been subsidized by a foreign government. The GAO said only four products accounted for 84 percent of antidumping/countervailing charges: crawfish tail meat, garlic, honey and mushrooms imported from China. Ninety percent of all uncollected antidumping/countervailing duties involve imports from China. Broken down by industry, 87 percent of the total bill is from agriculture and aquiculture products. Steel imports accounted for another 7 percent. Congressional auditors also said that importers doing business with new shippers overseas were at the greatest risk for incurring antidumping/countervailing duties. The GAO recommended that Congress consider ways to improve the reporting of antidumping and countervailing duties, or revising the process the government uses to assess them. It also recommended that Customs change its bonding procedures so importers post enough to cover the potential charges. The report may be found online at: http://www.gao.gov/new.items/d08391.pdf |
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| Registration/Pre-Registration under EU REACH Program for Chemical Imports Begins June 1, 2008 |
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The European Commission has issued a press release reminding enterprises that manufacture in or import into the European Union one ton or more per year of any chemical substance1 that they must register or pre-register those substances beginning June 1, 2008. (This requirement is part of the EU's new2 REACH program which combines the elements of Registration, Evaluation, Authorization, and Restriction of Chemicals to better protect human health and the environment from the hazards of chemicals.) The EC has issued this reminder because it is concerned that some companies are still unaware of the scope or the specific requirements of REACH or believe that the program does not affect them, especially if they are not part of the chemicals sector. Highlights of REACH and Its Registration/Pre-registration Process The following are highlights the first element of REACH, the Registration and pre-registration of chemical substances, as outlined in an EC press release and question and answer document. Scope. REACH covers all chemical substances manufactured in or imported into the EU, in quantities of one ton or more per year. The registration requirement under REACH is for chemical substances only. However, the provisions of the regulation apply to the manufacture, placing on the market or use of substances on their own, in preparations or in articles. (Note that substances in food and medicine are covered by separate EU legislation; natural substances are also exempt from registration under REACH, if they are not dangerous and have not been chemically modified.) New substance registration. Mandatory registration for new substances begins June 1, 2008. The EC previously stated that the registration requirement applies to substances on their own, in preparations and in articles under special conditions (intentional release). Failure to register means that the substance can not be manufactured, imported, or used in the EU market. Phase-in substance “pre-registration”. Phase-in substances (see definition below) are allowed to register by 2010, 2013 or 2018, depending on the quantities produced or imported, as long as they are “pre-registered” during the period starting June 1, 2008 and ending December 1, 2008. Phase-in chemical substances that are not pre-registered by December 1, 2008, will not be able to be manufactured in or imported into the EU until the full registration dossier is submitted. Substances fulfilling at least one of the following criteria are “phase-in” substances: • substances listed in the European Inventory of Existing Commercial Chemical Substances (EINECS) • substances that have been manufactured in the EU (including accession countries) but have not been placed on the EU market after June 1, 1992 • substances that qualify as a so-called "no-longer polymer" Foreign firm representation. Companies that manufacture substances, formulate preparations or produce articles outside the EU cannot register/pre-register substances. However, they can nominate an “Only Representative” established within the EU to carry out the required registration/pre-registration of their substances that are imported into the EU. The EU-based importers are then relieved from the duty to register/pre-register. Registration components. A registration of a chemical substance will include: (i) compilation and assessment of the hazard properties of the substance and its conditions for safe use; (ii) submission of this information to the European Chemicals Agency (ECHA); and (iii) payment of the relevant registration fee. Pre-registration components. A pre-registration consists of the substance name/identifiers, company information, envisaged registration deadline, tonnage band and potentially an indication of related substances that can help assessment of the substance. Pre-registration is free of charge. 1The EC estimates that there are currently about 30,000 chemical substances (e.g. acids, metals, solvents, surfactants, glues) in the EU market above one ton. 2REACH entered into force on June 1, 2007. |
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| US Coastal Container Movement by Barge to Become More Common ns |
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| VIRGINIA BEACH, Va. -- The advent of a container-on-barge service between Hampton Roads and the Port of Richmond, Va., is the kind of project that will help the Maritime Administration demonstrate the value of “marine highways” to the United States transportation system, according to agency administrator Sean T. Connaughton. The Energy Independence and Security Act that Congress passed in 2007 was the first time short sea shipping had been acknowledged in law, Connaughton told North America’s Marine Highways Conference organized by The Journal of Commerce. Marad launched the Marine Highways Project, which will identify transportation corridors in which the shift of cargo from highways to the water can relieve congestion and reduce air emissions. The James River project is the first to be announced. T. Parker Host, a long-established Norfolk tug operator, will provide overnight service between the deepwater terminals in Norfolk and Portsmouth to Richmond, a distance of 100 miles. David Host, president of the company, said that the service eventually will move 1,600 containers a day, reducing truck traffic on parallel highways including Interstate 64. Connaughton said that other projects will start in the New York-New Jersey area, and in Stockton and Sacramento, Calif., at the Port of Oakland. Marad also will create a stakeholder advisory board to recommend solutions to impediments blocking the expansion of the marine highway system, and partner with other federal agencies to find solutions to technological and environmental barriers to short sea shipping. Connaughton called for more collaboration between the government and the private sector to find ways to expand the surface transportation system. “As we seek solutions to congestion, we should now view the marine highway as an extension of the surface transportation system,” Connaughton said. |
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| New Labeling Requirements for Ceiling Fans Take Effect January 1, 2009 |
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| The Federal Trade Commission issued a final rule that establishes certain labeling requirements for ceiling fans produced on or after January 1, 2009. FTC to Require Airflow, Consumption, Efficiency Information on Labels The FTC's final rule requires ceiling fan manufacturers, effective January 1, 2009, to label their product packages with: (1) the fan's airflow at high speed in cubic feet per minute (CFM); (2) the fan's power consumption in watts at high speed; (3) the fan's airflow efficiency in CFM per watt at high speed; and (4) a range of airflow efficiencies at high speed for standard-sized fans on the market as published by the FTC. The information on a label must be affixed to the product packaging and included in paper and online catalogs. (To obtain this information, manufacturers will have to test their fans pursuant the procedures required by Appendix U to Subpart B of 10 CFR Part 430.) Manufacturers to Submit Reports to FTC The final rule also requires manufacturers to submit reports to the FTC with high speed airflow, power consumption, and airflow efficiency information for the applicable models pursuant to the reporting requirements at 42 USC 6296. (See FTC final rule for complete requirements and changes from the proposed rule.) FTC final rule (RIN 3084-AA74, FR Pub 12/28/06) available at http://edocket.access.gpo.gov/2006/pdf/06-9901.pdf |
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| CBP to Require Bolt Seals for All Containers in Transit to the US |
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| At an April 2, 2008 hearing of a House Subcommittee on Homeland Security1, U.S. Customs and Border Protection Deputy Commissioner Jayson Ahern testified on cargo and border security issues, including Conveyance Security Devices (CSDs). Standard Bolt Seal for All Containers in Transit to U.S. Effective October 15, 2008 The CBP Deputy Commissioner's written statement said that: "The 9/11 Act amended the SAFE Port Act by establishing that if an interim final rule [on container security] was not issued by the Secretary of DHS by April 1, 2008, all containers in transit to the U.S. would be required to be secured with a bolt seal by October 15, 2008. DHS does not anticipate that an interim final rule will be issued by the April deadline. Therefore, effective 10/15/08, all containers will be required to be secured with the standard bolt seal." (According to the Implementing Recommendations of 9/11 Act of 2007 (9/11 Act), the containers would be required to meet the requirements of the International Organization for Standardization Publicly Available Specification (ISO PAS) 17712 standard for sealing containers.) CBP to Soon Begin Testing CSD Technology The CBP Deputy Commissioner's written statement also said that: "...following CBP’s recent Request for Information on CSD technology, CBP will soon begin testing the CSD technology provided by the most qualified vendors who participated. If this technology passes the laboratory testing phase, the devices will then be tested in real world operational environments. If ultimately proven mature and effective, CBP will determine potential high risk supply chain applications where the CSD would add security value. This measured approach will allow CBP to better understand the state of available technologies that have the potential to increase the security of containers as they transit the global supply chain." (In December 2007, CBP issued an RFI, technical requirements, and other documents for CSDs. CBP's RFI closed on February 12, 2008. According to CBP, the goal of the RFI was to determine whether currently available CSD systems could meet CBP requirements.) |
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| California approves $3 billion for freight infrastructure nsf fe |
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The California Transportation Commission on Thursday approved $3 billion in transportation infrastructure improvements specifically targeting movement of goods. The package of highway, rail, seaport and airport investments includes 79 projects funded through the statewide Trade Corridor Improvement Fund. Voter approval of the $20-billion Proposition 1B bond in November 2006 created TCIF and several other funding programs. The commission's approval of individual project TCIF funding is only for the cost of construction and construction support except for the ALA-580 Truck Lane Project, which is fully funded from the State Highway Account. Total estimated costs of all 79 projects is approximately $8.43 billion. |
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