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09

Published Today (1/7/15): Federal Register Notice Announcing Modification of eBond Test
U.S. Customs & Border Protection / http://apps.cbp.gov/csms/viewmssg.asp?Recid=20447&page=&srch_argv=&srchtype=&btype=&sortby=&sby=

CBP published a Federal Register Notice today announcing modifications and clarifications to the National Customs Automation Program eBond test, which was deployed on  January 3, 2015 (79 FR 70881). The modifications and clarifications to CBP’s eBond test include the method by which continuous bonds executed prior to or outside of the eBond test may be converted to eBonds by the surety and principal. 

Please see the linked Notice for specific information.http://eBondModification_1_7_2015.pdf


Maher Terminal Winter Gate Hours
Maher Terminal / http://www.maherterminals.com/index.cfm/do/page.info/show/news/which/280

REMINDER WINTER HOURS

Effective Monday January 12, 2015, Maher Terminals will be instituting our winter gate hours. Those processing hours will be:

Maher Terminals – Main Terminal & Chassis Depot
Pick up an import                 6:00 a.m. – 7:00 p.m.  Drop off or Pick up an empty  6:00 a.m. – 6:00 p.m.
Drop off an export                6:00 a.m. – 7:00 p.m.    All double moves                  6:00 a.m. – 6:00 p.m.
Reefer – pick up import or   6:00 a.m. – 7:00 p.m.
               drop off an empty

Maher Empty Depot at Columbia
       
Pick up or drop off an empty    6:00 a.m. – 6:00 p.m.


The Port of New York and New Jersey Prepared for the Winter 2014-2015
The Port of New York and New Jersey/ http://www.panynj.gov/port/weather-plan.html

Last winter was exceptionally cold and snowy across most of the United States. The Port of New York and New Jersey was hit particularly hard with a record snowfall of 61 inches – nearly 33 inches above normal. The weather had a profound impact on the port's ability to remain efficient and provide reliable service to our customers. Thankfully, the National Oceanic Atmospheric Administration's Winter Outlook, which was issued last month, indicates that a repeat of last year's extremely cold, snowy winter is "unlikely." Whatever Mother Nature decides to throw at us this winter, measures have been taken at the Port of New York and New Jersey to help minimize the potential impact.

Based on the proven success of last year, The Port Authority of NY & NJ will continue to host planning conferences in advance of each predicted weather event. The terminal operators, trucking associations, labor, equipment providers, and US Customs and Border Protection will all work together to develop a unified plan to address any weather-related closings and to plan recovery efforts. Any changes in hours of operations (i.e. weather related closures, additional hours etc) will be communicated as early as possible so that truckers and Beneficial Cargo Owners can better plan future container recovery.

The following is a summary of actions that have or will be taken this winter:

Roadways & Terminals

  • After a trial last winter, the Port Authority will pre-treat the roadways with brine before driving conditions deteriorate. This delays the buildup of snow and ice and allows the plows to stay on top of the accumulation.
  • The Port Authority and terminals have all worked to increase the amount of snow removal equipment and salt stockpiles that are on hand.
  • Terminals have developed plans to employ different yard strategies that would make for easier and more efficient plowing.
  • The International Longshoremen’s Association (ILA) has worked with terminal operators to develop a tiered staffing plan based on predicted weather for snow removal.
  • Mobile Apps are now available that allow truckers to check on the condition of most terminals and to confirm container status (Import Container Availability, Booking Inquiry, Receiving Schedule and Empty Return/Dispatch) using their Smartphones.
  • Customers are encouraged to sign up for PortNYNJAlerts at http://www.paalerts.com/default_Port.aspx to receive the latest information about terminal and roadway conditions, closures and more.

Free Time & Per Diem

In the event that a joint decision is made for all container terminals to close for the entire day due to inclement weather:

  • The Terminal Operators have agreed to extend free time by 24 hours for all containers not already in demurrage.
  • OCEMA (Ocean Carrier Equipment Management Association) has recommended to its Ocean Carrier members to extend free time by 24 hours for all containers not already in demurrage.
  • Intermodal Equipment Providers have agreed to waive per diem charges for the day of the port closure for all chassis on daily or pool usage agreements provided that they are returned to an authorized Stop Location within 24 hours of the closure. The above does not apply to chassis on term lease agreements.

Holiday Weeks

  • As with last year, the timing of both the Christmas and New Year’s holidays will result in two three-day work weeks. The Terminal Operators will review their vessel schedules and inventory levels and make an effort to decide with a week or more notice on extending their hours of operation during the holiday weeks.

Chassis

  • The equipment providers continue to increase their buffer stock and increase the number of roadworthy units in the region.

Intermodal Rail Carriers

  • The rail carriers will continue to issue bulletins on their service level. You can sign up to receive service alerts on the individual railroad websites.

Customs Exam Stations (CES)

  • To ensure pick up on the first day of availability, CES increased the size of the dedicated chassis fleet and drivers.
  • CES will extend operating hours as needed.
  • CES has secured additional snow removal equipment/contractors.

Customs and Border Protection (CBP)

  • During the months of November 2014 thru January 2015, CBP and the CES operators will be providing extended hours of service to accommodate the peak season associated with cold treated/perishable imports.
  • CBP is prepared to take extraordinary measures if necessary to clear any exam boxes.

Labor

  • Since February, 495 new longshore workers (as of November 12, 2014) have been certified and added to the labor registry. Though their training on heavy equipment and vessel gangs continues, these individuals became immediately available as car drivers and baggage handlers. Hiring priorities have changed to ensure that critical equipment vacancies are filled before other less-skilled positions.
  • Forty-nine new Checkers have also been certified.

Key Performance Indicators

In March 2014 an initial list of Key Performance Indicators (KPIs) were collected from the terminal operators and reported in the aggregate on a monthly basis including gate moves, inventory and dwell time. These metrics will continue to be made available on a monthly basis via the Monthly Activity Report.  We will also begin to collect and report on the volume of Trouble Tickets with the hope that as certain Port Performance Task Force recommendations are implemented, the frequency of Trouble Tickets should sharply decrease. 

How Can You Help

Port Drivers and Beneficial Cargo Owners are still encouraged to:

a) verify both chassis and container availability before dispatching a driver to the port;
b) ensure that all charges have been paid and releases are in place; and,
c) confirm export receiving and cut off times by checking the terminal websites.

Your compliance with this request will increase efficiencies and service reliability for everyone involved at the port, and the port community thanks you in advance for doing so.


Calcium Hypochlorite from China Injures U.S. Industry, Says USITC
U.S. International Commission / http://www.usitc.gov/

The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of calcium hypochlorite from China that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC’s affirmative determinations, the U.S. Department of Commerce will issue antidumping and countervailing duty orders on imports of this product from China.

The Commission’s public report Calcium Hypochlorite from China  (Investigation Nos. 701-TA-510 and 731-TA-1245 (Final), USITC Publication 4515, January 2015) will contain the views of the Commissioners and information developed during the investigations.

The report will be available after February 11, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp


OTEXA: Press Releases
International Trade Administration - Office of Textile and Apparel (OTEXA) / http://otexa.ita.doc.gov/

01/07/2015 - November 2014 Textile and Apparel Import Report 


USCBP FRONTLINE: Collaboration Crushes Trade Fraud
U.S. Customs & Border Protection / http://www.cbp.gov/frontline/2015/01/frontline-january-trade-enforcement

After routinely targeting a car import for inspection, a U.S. Customs and Border Protection international trade specialist noticed an unusual cat-and-mouse move: The importer did not process the targeted vehicle for U.S. entry and shipped the car, a Land Rover Defender, right back to England where it had originated.

The CBP trade international trade specialist countered the importer’s move by contacting the CBP attaché in London, who in turn gave a heads-up to U.K. law-enforcement colleagues to look at the vehicle when it arrived in port. The CBP international trade specialist’s instincts were spot-on – upon inspection, the British authorities found that the vehicle identification number, or VIN, had been manipulated, indicating fraud and that the vehicle was assembled with stolen parts.

The Brits were intrigued. Recent thefts had been high for Defenders, a model of Land Rover not made for the U.S. market because Defenders don’t meet U.S. safety or emission standards. If talking with the Americans about illegal vehicle shipments would cut down on U.K. crime, they were all for it.

This one seizure in June 2013 kicked off discussions between the U.S. and U.K. on how to establish a formal information-sharing relationship. After the two countries officially agreed to a letter of intent, Operation Atlantic began in April 2014.

Read entire article and watch video


Gerber Legendary Blades, Division of Fiskars Brands Inc., Agrees to $2.6 Million Civil Penalty, Internal Compliance Improvements for Failure to Report Defective Gator Combo Axe
U.S. Consumer Product Safety Commission / http://www.cpsc.gov/en/Newsroom/News-Releases/2015/Gerber-Legendary-Blades-Division-of-Fiskars-Brands-Inc-Agrees-to-26-Million-Civil-Penalty/

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Gerber Legendary Blades, a division of Fiskars Brands Inc., of Madison, Wis., has agreed to pay a $2.6 million civil penalty and abide by a permanent injunction.

In a complaint filed on behalf of CPSC by the Department of Justice in U.S. District Court for the District of Oregon, the government charged that Fiskars knowingly failed to report to CPSC immediately, as required by federal law, a defect and an unreasonable risk of serious injury involving the Gerber Gator Combo Axe.    

The complaint charges that the knife in the Gator Combo Axe handle could and did dislodge from the handle when the axe is used for chopping or hammering, posing a serious laceration hazard to consumers.  Beginning in 2005, Fiskars began receiving reports of laceration injuries caused by the Gator Combo Axe, including serious injuries requiring surgery.  Fiskars and CPSC jointly announced the recall of the Gator Combo Axe in 2011.

“CPSC’s job is to protect consumers,” said Chairman Elliot F. Kaye. “The sooner a firm informs CPSC about incidents or injuries with defective products, the quicker we can act to protect the American public. Failure to report in a timely basis is not only illegal, it can endanger consumer safety. We will not tolerate such irresponsible and dangerous behavior.”

“In this case, Fiskar's failure to report to the CPSC not only put consumers at risk, it contributed to people being injured as a result of the unsafe product design,” said U.S. Attorney S. Amanda Marshall for the District of Oregon. “The settlement not only addresses the product safety issue, but also holds the company accountable and sends a message to others that these violations will be taken seriously.”

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

In addition to imposing a $2.6 million civil penalty on Fiskars, the consent decree granted injunctive relief.  The relief requires that Fiskars comply with federal consumer product-related reporting requirements.  To assure compliance with those legal requirements, the consent decree requires Fiskars to implement and maintain a compliance program that, at a minimum, contains the following elements:

  • written standards and policies;
  • procedures for reviewing claims and reports for safety concerns and for implementing corrective and preventive actions when compliance deficiencies or violations are identified;
  • confidential employee reporting of compliance-related questions or concerns to either a compliance officer or another senior manager;
  • effective communication of compliance-related policies and procedures to all employees, through training programs or otherwise;
  • senior manager responsibility for compliance and accountability for violations;
  • oversight of compliance by Fiskars’ governing body; and
  • records retention requirements.  

The consent decree further requires Fiskars to maintain and enforce internal controls and procedures designed to ensure that Fiskars:

  • reports to CPSC as required by federal law;
  • all reports are timely, truthful, complete and accurate; and
  • promptly discloses to Fiskars’ management any material deficiencies or weaknesses in the design or operation of the internal controls.
The CPSC investigation that led to the settlement of this matter was initiated by CPSC’s Office of Compliance and Field Operations, and the Office of the General Counsel handled the enforcement action.  The Department of Justice’s Consumer Protection Branch handled the case in the U.S. District Court on behalf of CPSC. More information is available on the DOJ website.
 
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