The recent congestion surcharges announced by some major carriers may indicate illicit collaboration, said the National Customs Brokers & Forwarders Association of America in a letter to several government officials. NCBFAA Chairman Geoffrey Powell wrote to several government officials, including Federal Maritime Commission Chairman Mario Cordero and Commerce Department Secretary Penny Pritzker, noting that the addition of "identical surcharges" raises the "question of whether this is unlawful collusive behavior." The surcharge announcements also fall outside of Shipping Act requirements and it's likely that "much or all of any congestion is attributable to their own conduct and inefficiencies," Powell said. Several major carriers have recently imposed congestion surcharges (see 1411210018).
The Treasury Department published its fall 2014 regulatory agenda for CBP (here), which lists no new rulemakings in the works. The agenda lists Treasury's CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number. The Department of Homeland Security has also issued its fall 2014 regulatory agenda for CBP (see 1411260010).
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.