Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
As the Federal Maritime Commission considers reversing its rulemaking from 2018, the National Customs Brokers & Forwarders Association of America is arguing that unreasonable practices should continue to be subject to enforcement only if they are "normal, customary and continuous."
The Federal Maritime Commission has made publicly available on its website its FY 2019 Service Contract Inventory Analysis, the agency said in a Federal Register notice. FMC said the analysis includes “Scope, Methodology, Findings, Actions Taken or Planned, and Accountable Officials.”
A U.S.-based shipper said a Taiwanese container shipping company violated Shipping Act regulations when it failed to supply agreed upon cargo capacity. MSRF, based in Illinois, said Yang Ming Transport “refused to provide more than a fraction of the cargo capacity that MSRF requested and needed” and violated the terms of their contract, forcing MSRF to buy cargo space on the “inflated” spot market. In an August complaint filed to the Federal Maritime Commission, MSRF said the FMC should investigate Yang Ming’s practices and order the container shipping company to pay “reparations.”
The National Customs Brokers & Forwarders Association of America sent a letter to the Federal Maritime Commission last week requesting guidance on Ocean Shipping Reform Act regulations. In an Aug. 15 email to members, NCBFAA said it asked the FMC for more “clarity” on OSRA provisions that restrict common carriers from invoicing parties for detention and demurrage unless the invoice includes certain required information. The group also asked the commission about the fee dispute process; made “inquiries with respect to the treatment of ocean carrier vendors, such as railroads and chassis pools”; and asked about new, prohibited conduct for common carriers. NCBFAA asked FMC to explain “to what extent do these new prohibitions and requirements, especially for invoicing, apply to marine terminal operators, customs brokers, freight forwarders, breakbulk agents, and other entities assessing and invoicing” fees.
The Federal Maritime Commission announced a new landing page on its website dedicated to the commission’s activities related to the Ocean Shipping Reform Act. The page will provide links to OSRA-related rulemakings, industry advisories and news. “Establishing a resource where the public can easily and quickly see all relevant materials related to OSRA implementation is critical to keeping all interested constituencies informed of progress the Commission is making in meeting the mandates established by the Congress and the President,” FMC Chairman Daniel Maffei said.
The Federal Maritime Commission is seeking public comments on whether it should issue an emergency order requiring carriers and terminal operators to share new information with shippers on “cargo throughput and availability.” The FMC said it can issue the potential emergency order -- using an authority granted to it by the Ocean Shipping Reform Act -- if it determines that supply chain congestion has created “an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international transportation supply system.” Comments are due Sept. 14.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Federal Maritime Commission will officially begin requesting public comments Aug. 8 on a new carrier data collection plan mandated by the Ocean Shipping Reform Act (see 2208030016). The FMC will collect new information from carriers on the total import and export tonnage and the total loaded and empty 20-foot equivalent units (TEU) per vessel. Comments are due Oct. 7.
Congress should be taking steps to authorize more foreign military sales to Taiwan and speed up agency approvals for those exports, said Lara Crouch, a Republican staffer on the Senate Foreign Relations Committee. Crouch, speaking during a Heritage Foundation event last week, said the committee will next month mark up the Taiwan Policy Act, which would include more foreign military financing for the island, authorize a war reserve stockpile for Taiwan and fast-track sales to Taiwan under the Foreign Military Sales Program.