After seven months of unsuccessful labor negotiations at the West Coast ports, federal mediation "is now the only way to avoid work stoppage," said the Airforwarders Association in a letter to President Barack Obama (here). "Recently we have become aware of shippers who have diverted their cargo to non-U.S. ports in an effort to avoid the possible port labor disruption," the letter said. "Such diversions deprive Americans of needed jobs while handing such work to foreign competitors." The slowed cargo handling at the ports has also resulted in substantial costs, the AfA said. Recently, industry groups, including the National Customs Brokers and Forwarders Association of America, also asked for federal mediation (see 1411070010).
The licensed customs broker 2015 Triennial Status Report and fees are due by Feb. 28, CBP Seattle said in a trade information notice. All reports must include the required $100 fee, the notice said. Failure to file the report or pay the fee by March 1 will result in a license suspension, it said.
The Department of Homeland Security (DHS) published its fall 2014 regulatory agenda for CBP (here) with some new trade-related rulemakings, including on customs broker continuing education and Air Cargo Advance Screening (ACAS). The agenda also continues to include mentions an Importer Security Filing (ISF) rulemaking, though a final rule on ISF is no longer listed. The spring agenda listed an ISF rule amendment and a separate final rule as being in the works (see 14052911).
CBP's Port of Seattle office provided additional guidance for industry on how to deal with port disruptions related to labor contract disputes on the West Coast. The Nov. 19 trade information notice largely reflects the updates from a July CSMS message (here). CBP updated a June 24 guidance (see 14062423) to include more details on how to handle shipments of FDA-regulated products. It also gives information for customs brokers whose shipments have been diverted to another district where the broker is unpermitted, updates procedures for cargo diverted to another West Coast port, and says part of CBP’s plan is to “provide front-of-the-line benefits and priority processing to partners in the Customs-Trade Partnership Against Terrorism (C-TPAT) program.”
The following lawsuits were filed at the Court of International Trade during the week of Nov. 10-16:
International Trade Today is providing readers with some of the top stories for Nov. 3-7 in case they were missed.
The Consumer Product Safety Commission will run a pilot to test electronic filing of certificates of compliance at entry before finalizing changes to its Part 1110 regulations, CPSC Commissioner Ann Marie Buerkle said. The agency is currently working with CBP to find volunteers to participate in the pilot, as well as to develop related software, according to a memo from her office. CPSC wants to have the pilot up and running by July 2015, but the timeline is dependent on CBP’s ability to accommodate the pilot, according to the memo.
Canadian logistics company Milgram finished its purchase of M.O.T. Intermodal Shipping, a Canadian freight forwarder that also has offices in the U.S., said Milgram (here). The M.O.T.'s American operations include a customs brokerage and freight forwarding from two offices, one in New York and one in Texas, said Milgram. The purchase marks a strategic expansion with a number of benefits, said Milgram's press release. "It gives us added strength in the European market; it gives us a physical presence in the USA; it compliments our US customs brokerage service by adding a license in the USA; it gives us exposure to important new clients; it significantly increases our standing in the export market; and it strengthens our management team as well," the company said. The price was not disclosed.
The federal government should use all options at its disposal to pressure agreement in a months-long contract dispute at West Coast ports, and if the situation deteriorates President Barack Obama himself may need to intervene, said a wide coalition of importers, logistics services and producers in a Nov. 6 letter to the president (here). Crisis levels of congestion are continuing to severely disrupt port operations, and a full shutdown at the ports may be rapidly approaching, said the coalition, which includes the National Customs Brokers & Forwarders Association of America, other West Coast customs brokers associations, the National Retail Federation and the American Apparel and Footwear Association (AAFA).
Two medical device importers are suing the Food and Drug Administration in District of Columbia U.S. District Court in an effort to secure the release of over 260,000 knee braces that are currently being held at Dallas-Fort Worth Airport. Plymouth Direct and Natures Pillows say their supplier obtained, before they started to import the product, written confirmation from FDA headquarters that the braces do not need premarket approval or notification as packaged and labeled. Nonetheless, FDA officials in Dallas took issue with the labeling and placed the braces on detention without physical examination. Plymouth and Natures Pillows say FDA has not responded to their subsequent attempts to address the agency’s concerns.