Publication of Final Rule on ISF

According to a Broker Power article on CBP’s regulatory agenda, the Final Rule on ISF is expected in February of 2013. CBP has indicated that ACE deployment for AMS and publication of the Final Rule needed to be in place before CBP could proceed with full enforcement of ISF and begin assessment of liquidated damages. With the Final Rule scheduled to be published in February 2013, liquidated damages for ISF could be on the near horizon.  Through our involvement with the NCBFAA ISF Sub-committee, CBP continues to stress that there will be a CSMS message to the trade at least 30 days prior to full enforcement of ISF.

CBP indicates enforcement efforts will focus initially on non-filers with repetitive and negligent errors.

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Hapag-Lloyd, Hamburg Sud Might Be Merging

Hapag-Lloyd and Hamburg Sud are in preliminary negotiations over a merger that would create the world’s fourth-largest ocean carrier and likely trigger a fresh round of consolidation in the fragmented container shipping industry. The German carriers today said they “are investigating if, and under what conditions, a merger of both companies would be of interest.”

 

A merged carrier would generate revenue of $13 billion a year and operate a fleet of 242 owned and chartered container ships with a further 33 on order. It would rank fourth, behind Maersk Line, Mediterranean Shipping Co. and France’s CMA CGM, with total capacity of 1.05 million 20-foot-equivalent units and a 6.3 percent world market share, according industry analyst Alphaliner.

 

The two Hamburg-based carriers have been the subject of periodic merger speculation since negotiations broke down in 1997 because of differences over financial terms and control of a combined line.

 

There would be little overlap in a merged carrier, as Hapag-Lloyd is a major player on the key east-west routes linking Asia, Europe and North America, while Hamburg Sud focuses on the north-south trades and has a strong presence in the fast-growing Latin American market. Agreeing on terms would be more complicated for Hapag-Lloyd, which has to satisfy several powerful investors, including the city of Hamburg, which has a 37 percent stake; Klaus-Michael Kuehne, the billionaire owner of global freight forwarder Kuehne + Nagel, who owns just over 28 percent of the carrier; and TUI, Europe’s largest tour operator, which holds a 22 percent stake.

 

Klaus Michael Kuehne told German business paper Handelsblatt in September that he favored an “ideal” merger with Hamburg Sud so the enlarged carrier could compete with industry leaders Maersk Line and Mediterranean Shipping Co.

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ILA, USMX UPDATE AS OF 12-24-12

Late Monday afternoon the director of the U.S. Federal Maritime and Conciliation Service (FMCS) said the International Longshoremen’s Association and the group trying to negotiate a new contract with them, the U.S. Maritime Alliance, have agreed to meet before their current pact expires on Dec. 29. FMCS Director George Cohen has called a meeting of the ILA and the Maritime Alliance in advance of the December 29th expiration of the contract extension. The parties have agreed to attend.

The master contract covering container shipping operations between the longshoremen working at 14 ports along the East and Gulf coasts expired on Sept. 30, but was extended 90 days until Saturday. The ILA has said if an agreement is not reached, its members could go on strike Sunday.

Earlier, two of the largest container terminals in the Port of New York and New Jersey, Maher Terminals and Port Newark Container Terminal urged customers to pick up cargo by the close of Friday, Dec. 28, saying if there was a work stoppage, there would be no gate activity at their terminals.

As has been previously reported in the press, the major issue dividing the United States Maritime Alliance (USMX) and the ILA is Container Royalty; a supplemental payment the longshore workforce has enjoyed over nearly half a century. Although the continuance of the Container Royalty Program in its present arrangement is a major issue for the employers, the issues of importance specific to the Port of New York and New Jersey have yet to be addressed. These issues include low productivity, excessive staffing, and archaic work rules.

If this strike does occur it will have serious consequences for the nation’s still-recovering economy, but it would also jeopardize the financial well-being of the ILA’s 14,500 members, who would lose a lot of money on wages and benefits for each day they’re out of work.

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ILA East/Gulf Coast Contract UPDATE

Negotiations on a new contract between the International Longshoremen’s Association and employers represented by the U.S. Maritime Alliance (USMX) broke off abruptly Tuesday afternoon.

According to union and management they were going to discuss container royalties, payments that are made to longshoremen based on the weight of containerized cargo. USMX has wanted to cap those payments. Executive vice president of the ILA, said the union told management it was “willing to extend the contract to Feb. 1 and keep talking if management would be willing to take the container royalty cap off the table and we could show them other ways to accommodate them with other adjustment that would offset” the royalties.

“They refused, so right now unless we hear back from them we will be on strike on Dec. 29,” he added.

Senior vice president and chief operating officer of USMX, said “employers are willing to continue to bargain in good faith,” but that the union had put terms on the extension that were unacceptable. The ILA’s demand that the container royalty cap be taken completely off the table “was not acceptable.” He said USMX was willing to extend the contract for another couple of weeks and resume bargaining on Jan. 7, “and talk about all of the open issues, talk about some of the operational and efficiency issues we also have on the table. But the union was not agreeable to that and put unacceptable terms on it.”

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OCEAN CARRIERS WILL CHARGE FOR CONGESTION AT THE PORTS

“ On order to address the potential risk of significantly increased port congestion as a result of

Any labor related issues on December 29, 2012, all carriers have filed a Port Congestion Surcharge (CON)

Applicable to all shipments to/from ports in the United States. This also includes import shipments

to the United States that are routed through Canada.

 

The amounts of the surcharge are as follows and are applicable to both dry and reefer shipment:

USD 800.00 per 20’ container

USD 1000.00 per 40’ container

USD 1125.00 per 40’ HC container

USD 1266.00 per 45’ container

 

Please note this is a forward filing as precaution to address the potential for congestion as

Result of possible labor actions. Should there be no labor action and subsequent congestion

disrupting operations, this tariff filing will be nullified.”

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POSSIBLE STRIKE AT THE EAST COAST PORTS

Contract negotiations for U.S. East and Gulf Coast dock workers has returned to the table on Monday, Dec. 10. Negotiations between the International Longshoremen’s Association (ILA) and the U.S. Maritime Alliance (USMX) continued. The master contract for Atlantic coast workers was set to expire Sept. 30 but the deadline was extended until Dec. 29  to avoid port strikes. The 3 day meetings in Delray Beach, Florida will negotiate terms regarding wages, benefits and  jurisdiction and for workers handling cargo shipped in containers.  This was explained by ILA Vice President James H. Paylor.

“There’s still a lot of work to do. It doesn’t mean it can’t be done. There’s got to be more understanding. The fact that they have the federal mediation involved in it, this helps move the process along. It creates another sense of optimism,”  said by ILA Vice President James H. Paylor

Paylor did not rule out the possibility of a strike but remained hopeful that such a scenario could be avoided.

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HANJIN SHIPPING WILL STAY IN TERMINAL 46

It’s looking like the Port of Seattle will have Hanjin Shipping at Terminal 46 for another 10 years, but at a very expensive price. On Dec. 11 under terms of contract by the port commission, the port will pay Hanjin a one-time $4 million fee upon execution of the contract and also add capital improvements of up to $35 million but accept a less-favorable rate structure, and hand over five cranes to Hanjin for $1 each. The good news is that Hanjin isn’t leaving the port, an outcome that had been widely feared as the Korean ocean carrier has suffered delays during reconstruction of the south viaduct, with more congestion expected if an NBA arena is built nearby. This new contract is also good news for BNSF Railroad, and for the people who work at the Seattle International Gateway container handling yard, because BNSF CEO Matt Rose quoted in an interview that without Hanjin the yard wouldn’t have remained viable.

We are glad and happy that Hanjin will now be staying at Terminal 46 so that it will remain an active cargo terminal.  Port Commissioner Rob Holland said he expects the five-member commission will approve the contact, despite the stiff terms

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OCU LABOR STRIKE OVER

An agreement with OCU labor was reached two nights ago.  As a result, the Southern California ports returned to operation the morning of 5-December-2012.  All Steamship lines are working with the terminals, railroads and truckers to get each aspect of our operation back up and running.  The backlog of vessels and trains combined with uncertain productivity due to the extreme congestion will make it very difficult to determine ETA’s and cargo availability.  The most current container movement information is available through each steamship line’s each web site. They remain focused on moving cargo as quickly and efficiently as possible to clear the existing backlog and make cargo available to each and every customers in the Freight forwarding industry.

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AGRICULTURE, FOOD EXPORTERS ASKED TO IDENTIFY TRADE BARRIERS

The governor’s office and Washington State Department of Agriculture (WSDA) are preparing a report about foreign trade barriers to export of our state’s food and agricultural products. Washington state agricultural and food exporters and trade organizations are asked to help identify the foreign tariffs, laws or policies that restrict export capabilities. The report will help the governor and WSDA advocate for eliminating the trade barriers identified. Responses are due by Nov. 30.

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Imports drive Tacoma’s container volumes up 34 percent in October

Port of Tacoma News declares volumes improved 20 percent year to date through October, even as peak shipping season began winding down.

Total container volumes improved 34 percent over the same month last year, with 165,173 TEUs (20-foot equivalent units) crossing Tacoma’s terminals.

Full import containers improved 26 percent year to date, while full exports grew nearly 17 percent. For the year, container volumes increased nearly 14 percent to 1,387,761 TEUs.

Meanwhile, intermodal lifts and breakbulk cargo volumes showed continued improvement last month. Intermodal lifts grew 30 percent year to date, reflecting the Port’s growing container volumes, and continued high demand for machinery and construction equipment overseas drove breakbulk volumes up 91 percent on the year

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