LONG BEACH, Calif., Nov. 13, 2008 Collection of the Clean Truck Fee (CTF) assessed by the Port of Los Angeles and Port of Long Beach, which was to have begun on Nov. 17, will be delayed pending resolution of outstanding regulatory issues.

An agreement filing relating to the ports arrangement with PortCheck is still pending with the Federal Maritime Commission (FMC), and the fee collection will be delayed while issues relating to that filing are resolved.

U.S Customs and Border Protection (CBP) has published its much anticipated Importer Security Filing Rule in today's Federal Register (Tuesday Nov, 25, 2008).

The interim rule, known as 10 + 2, will take effect January 25, 2009, with enforcement to begin one year later. The interim rule includes an additional public comment period for certain data elements and economic effects of the rule.

This bill would impose a maximum fee of $30 per twenty-foot equivalent unit on each shipping container processed in the Ports of Los Angeles, Long Beach and Oakland. The revenues would be used for two broad purposes: to alleviate congestion of the ports by funding projects to improve the flow and efficiency of the ports and to mitigate air pollution caused by the movement of cargo to and from the ports.

The Congress passed a new Public Law 110-314 called the Consumer Product Safety Improvement Act which included many additions and changes to the original law. Many of the new requirements expanded general conformity and certification requirements.

Effective 11/12/08, the CPSIA increases the types of products subject to testing and based on that testing will require named Suppliers Declaration of Conformity. Every manufacturer, including importers, and private labelers, if applicable, of a product which is imported for consumption or warehousing or distribution in commerce must certify in writing that products conform with the rules, bans, regulation or standards administered by the Consumer Product Safety Commission.

The Farm Bill Public Law 6124 (110-246) contains several provisions affecting imports into the U.S. One of these products is softwood lumber and products of softwood lumber.

The bill contains the Softwood Lumber Act 2008-SLA2008 which provides for an import data declaration in which importers are required to submit the export price and export charges data elements and an importer declaration for specified softwood lumber and softwood lumber products regardless of country of export or origin.

Customs & Border Protection proposed to eliminate the use of the First Sale rule in determining the imported value of certain types of import transactions in the Federal Register dated January 24, 2008. The proposed ruling would make the last sale value the value on which duties and fees would be based.

In today's economy, with rising costs associated with daily operations, from time to time costs need to be reviewed to ensure that all expenses are being covered accordingly.

With this in mind, please be advised that effective on October 2, 2008 charges associated with VACIS Exams will increase as follows:

Starting on October1, 2008, all Licensed Motor Carriers (LMCs) that seek entry into marine terminals in the the Port of Long Beach will be required to have a valid concession. To ensure that your cargo is not delayed, the Port urges all beneficial cargo owners (BCOs) to verify that the LMCs that haul their cargo have a Port-approved concession. Trucks that attempt to enter marine container terminals that are not associated with a valid concessionaire will be turned away at the gates.

The California state Assembly on Tuesday(7/15) voted 45-23 in favor of a $30-per-TEU/ $60-per-FEU charge on containers moving through ports to pay for transportation infrastructure and air quality improvement projects. Introduced by State Sen. Alan Lowenthal, D-Long Beach after years of discussion, the fee would be imposed on containers imported or exported through the ports of Los Angeles, Long Beach and Oakland.

On August 5, 2008, the California Senate passed SB 974 (commonly referred to as the Lowenthal bill) to assess a new container fee for the ports of Los Angeles, Long Beach, and Oakland, in order to collect funds to provide certain congestion relief and air pollution mitigation.

As of December 15, 2008 importers of any plant or plant product, including wood and wood products, must comply with a sweeping new requirement to bring their goods into the U.S.

The Farm Bill, enacted on July 15th, includes a provision requiring such importers to submit upon entry a declaration that includes the genus and species of the plant(s) used, the value and quantity of the importation, and the country of origin of the imported product.

A bipartisan group of House lawmakers want the Homeland Security Department to delay a cargo security rule from taking effect, saying it would likely disrupt the balance between security and commerce. The department's Customs and Border Protection unit drafted the new rule in response to a major port security law enacted in 2006, when Republicans controlled the body. The rule would require importers to submit 10 new categories of data on cargo containers before they are shipped to the United States by sea.

During the August 7th meeting of the Department Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC), CBP officials discussed issues related to the 2008 Farm Bill's "First Sale" data collection provisions, which require:

Last October, the Los Angeles Board of Harbor Commissioners (Board) approved a tariff that will result in substantial reduction in air pollution through the progressive ban of older, dirtier trucks calling at the Port of Los Angeles. The new tariffs at the ports of Los Angeles and Long Beach require by the year of 2012, that drayage trucks must meet United States Environmental Protection Agency, 2007 (USEPA) heavy duty truck emissions standards to be allowed entry into terminals at either ports.

In a joint statement issued late last night, the International Longshore and Warehouse Union and the Pacific Maritime Association announced that they have reached a preliminary agreement on terms for a new six year contract covering more than 25,000 dockworkers at 29 West Coast ports. The agreement is subject to ratification by the ILWU and PMA membership.

The US House of Representatives has passed an omnibus trade bill that extends the Generalized System of Preference (GSP) program for one year and includes the following provisions:

Preliminary Agreement on West Coast Labor Contract. Representatives of West Coast dockworkers and port operators announced July 28 that they have reached a tentative agreement on a new six-year contract covering 25,000 workers at 29 ports. Cargo operations in Los Angeles, Long Beach and Oakland had slowed somewhat after the previous contract expired July 1, but the two sides said they would extend that deal and resume normal port operations until the new agreement is ratified. According to a Wall Street Journal article, this weeks agreement should ease concerns about delays as the peak shipping season approaches.

The Generalized System of Preferences (GSP) program is due to expire on December 31, 2008 for most eligible countries. The beneficiary countries covered by the African Growth and Opportunity Act (AGOA) which are GSP eligible would remain covered.

The House Ways & Means Committee is considering comments on what bills to include in the final package of the Miscellaneous Trade Bill. There are some 800 bills under consideration covering a range of products such as footwear, sleeping bags, golf club components, chemicals, synthetic fibers, inflatable mattresses, hybrid vehicle parts, digital camera lenses, over-the-range microwaves and cigars. Also included are several requests to reliquidate entries which were previously entered at a higher duty rate.

SAN FRANCISCO (June 17, 2008) - The International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) issued the following statement today regarding their negotiations on a new waterfront labor contract:

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.

U.S. Customs and Border Protection has issued a proposed interpretation for the expression "Sold for Exportation to the U.S." for the purposes of applying the transaction value method of valuation in a series of sales importation scenario. CBP is proposing that in a transaction involving a series of sales, the price actually paid or payable for the imported goods when sold for exportation to the U.S. is the price paid in the last sale occurring prior to the introduction of the goods into the U.S., instead of the first (or earlier) sale. Basing the price on the "last sale" would also make it more likely that packing costs, selling commissions, royalties, etc. would be added to the transaction value of the goods.

Effective September 1, 2006, Customs will be testing their new systems and procedures in Shanghai as a test port for the new system. Once this system is tested, it will be launched in other cities within China.

Peak season will arrive in full force this month. Shippers should be prepared for potential delays caused by port congestion at least through November. Although only minor congestion has been reported through July, the next three months are always prone to large spikes in container volume. Several industry groups are predicting a strong peak and warning shippers to work closely with their service providers.

Phase III of the Wood Packaging Material (WPM) Regulations will be fully enforced beginning July 1, 2006. This means that all crates, pallets, bracing, dunnage, pallet collars, skids, load boards, cases, some drums, and any other types of non-exempt WPM must be treated as required and be stamped by the facility which treated the wood.

June is traditionally the start of peak season. According to a recent report, the entire U.S. port network, with cargo volumes spread out over a number of hubs, is expected to be congestion-free this year.

LOS ANGELES - Harbor truckers plan to hold rallies at key container gateways later this month to press for improved working conditions in the nation's ports.

Rallies are planned April 24 in Seattle-Tacoma and April 27 in Los Angeles-Long Beach and Oakland, said Miguel Lopez, the Teamsters union port representative in Southern California. Rallies also are planned at several East Coast ports, he said.

ACS has completed the system changes associated with the CAFTA Trade Agreement. The trade can now file CAFTA claims through the ABI (ACS) system.

U.S. Customs and Border Protection has posted the CTPAT - Supply Chain Security Best Practices Catalog. The best practices included in this catalog are those that have been identified through the many validations and site visits by the C-TPAT Supply Chain Security Specialist. The best practices catalog defines the Tiered Benefits Structure for importers.

Click here to download PDF

The Journal of Commerce reports that PierPass is planning to announce on March 20 an increase in the fees it charges for container movements into and out of the ports of Los Angeles and Long Beach during peak traffic hours.

The Congress passed the Budget Reconciliation bill on a vote of 216-214 on February 2, 2006. Included in the bill is the repeal of the Byrd amendment which provided for payment of dumping duties collected by U.S. Customs to U.S. companies which had filed anti-dumping actions with the Department of Commerce.

On February 8, President Bush signed into law a bill that repeals both the Byrd Amendment and the Step 2 agricultural subsidy program in order to comply with WTO rulings.

Effective Februart 15,2006, PNCT will no longer accept payments with business checks for any amount over $500. Any payment due that are over $500 will need to be paid with:

The Ports of Long Beach and Los Angeles move 40% of the nations's international container trade. The peak season of 2005 has shown that with the will of the industry, we can optimize utilization of our terminals. The hiring of additional longshore labor, introduction of Pier PASS, and technology at the terminals are some of the solutions for speeding cargo through the port complex.

Most importers now know that to qualify to import aquaculture, a bond must be posted in the approximate amount of the dumping duties due in the 12 month period covered by the bond, plus $50,000 for the regular Customs bond. The bigger hurdle is the surety requirement to fully collateralize those bonds. Satisfying this requirement is especially complicated if the original bond becomes insufficient. Then a larger replacement bond must be posted, but the collateral from the first bond cannot be used as collateral for the replacement bond, simply because the first bond remains at risk until the underlying entries are liquidated.

Effective May 1, 2006 BNSF continues to focus on maximizing capacity to improve service and meet your shipping needs. Over the past year, BNSF has modified operating processes and service offerings in order to maintain network fluidity and improve consistency of service. During the course of 2005, we initiated tactical storage policy changes at select facilities in order to accommodate increased volumes. The policy changes worked to substantially improve throughput and fluidity at those facilities.

Importers of merchandise subject to an antidumping duty order are required to file a statement with U.S. Customs certifying that they have not entered into any agreement or understanding with the manufacturer, producer, seller, or exporter, for the payment or refund of all or any part of the antidumping duties assessed on the imported merchandise.

On November 8, 2005 the U.S. and China announced a comprehensive agreement to limit U.S. imports of Chinese textiles and apparel products in all or parts of thirty-four (34) sensitive categories through the end of 2008.

The agreement guarantees the reapplication of quotas each year through 2008 for all categories covered by the agreement.