Pacific Ports Agreement Clears FMC Review
Federal Maritime Commission / http://www.fmc.gov/NR15-04/
The Federal Maritime Commission (FMC) announced today that after review it voted unanimously to allow the Pacific Ports Operational Improvements Agreement (FMC Agreement No. 201227) to become effective on April 17, 2015. The Commission’s review included evaluation of information received from the agreement parties in response to questions raised by staff and Commissioners during the review period; removal of agreement authority to address Commission concerns, including proposed authority to impose fees and charges on third parties; as well as consideration of public comments submitted on the Agreement.
The pending Agreement between the Ocean Carrier Equipment Management Association (FMC Agreement No. 011284), the West Coast MTO Agreement (FMC No. 201143), and almost every vessel-operating carrier and marine terminal operator serving U.S. West Coast ports, would authorize the parties to discuss and exchange information, and reach agreement on measures to address and improve efficiency of operations at U.S. West Coast port facilities to reduce congestion.
"Given the exigent circumstances related to congestion, this agreement’s effectiveness is timely. Through this Agreement, the parties seek to address issues that could help to alleviate the congestion that is plaguing U.S. Pacific Coast ports. While the agreement has great potential to achieve this goal, the Commission will closely monitor the activities of the agreement to identify emerging 6(g) concerns and act quickly should it become necessary. As the primary gateways for trade between the U.S. and Asia, the ports along the U.S. Pacific Coast play an important role in ensuring the efficient flow of goods in and out of the United States. This Agreement is an example of supply chain participants cooperating and working together under the authority of the Shipping Act to improve port productivity, innovation, and efficiency." said Chairman Cordero.
Proposed Revocation or a Ruling Letter and Proposed Revocation of Treatment Relating to the Tariff Classification of Certain Footwear
U.S. Customs Bulletins & Decisions / http://www.cbp.gov/sites/default/files/documents/Vol_49_No_14_Title.pdf
ACTION: Notice of proposed revocation of a ruling letter and proposed revocation of treatment relating to tariff classification of certain footwear (sandals).
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625 (c)), as amended by Section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103–182, 107 Stat. 2057), this notice advises interested parties that Customs and Border Protection (CBP) proposes to revoke a ruling letter relating to the tariff classification of certain footwear under the Harmonized Tariff Schedule of the United States (HTSUS). CBP also proposes to revoke any treatment previously accorded by CBP to substantially identical transactions. Comments are invited by May 8 on the correctness of the proposed action.
CBP is proposing to reclassify a children’s open toe and open heel sandal as other footwear having uppers of which over 90 percent of the external surface area is rubber or plastics under HTSUS 6402.99.31 (6% duty) rather than as plastic sandals and similar footwear produced in one piece by molding under HTSUS 6402.99.2790 (3% duty). According to CBP, subheading 6402.99.27 does not allow for footwear with separately attached rubber and plastic components and the uppers of these sandals were attached to the outer soles by means of plugs.
See General Notice
HPAI Restrictions for Avian Commodities Originating From and Transiting Through the Province of Ontario, Canada
US Customs & Border Protection / http://www.cbp.gov/newsroom/national-media-release/2015-04-11-000000/hpai-restrictions-avian-commodities-originating
INTERNATIONAL FALLS, Minn. — The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Veterinary Services (VS) advised U.S. Customs and Border Protection’s (CBP) Agriculture Programs and Trade Liaison that effective immediately and until further notice, APHIS VS is placing temporary prohibitions on the importation of poultry, commercial birds, other types of birds (research and performing), ratites, all avian hatching eggs, unprocessed avian products and by-products, and certain fresh poultry products from the province of Ontario, Canada. Any of these commodities originating from or transiting through the province of Ontario are prohibited entry to the United States due to the diagnosis of highly pathogenic avian influenza (HPAI) in commercial poultry. These restrictions may be updated as additional epidemiological information is obtained.
Also, effective immediately, Canadian Food Inspection Agency (CFIA) is not certifying for export any live poultry, day-old chicks or hatching eggs, unprocessed avian products or by-products that originated within Ontario, Canada.
In 2007, a HPAI agreement was established between USDA and CFIA in the event that either country experiences an outbreak of HPAI. Upon confirmation of HPAI in domestic poultry, each country agrees to establish an immediate quarantine zone and ban the export of birds and poultry as well as unprocessed bird and poultry products from the quarantine zone.
Unprocessed avian meat, products and by-products originating from or transiting through the province of Ontario are not permitted to enter the United States unless accompanied by a USDA APHIS VS import permit. This also includes composted manure, hunter-harvested meat and meat in passenger baggage, whether shipped to the United States or accompanying returning hunters. Exceptions are unfinished trophies that are consigned to USDA APHIS VS-approved establishments; in that case, VS import permits are no longer required.
Processed avian meat, products and by-products originating from or transiting through the province of Ontario and imported as cargo, must be accompanied by an APHIS VS import permit and/or Canadian government (CFIA) certification.
Processed avian meat, products and by-products for personal use originating from or transiting through the province of Ontario, Canada and entering in passenger baggage must also be accompanied by a APHIS VS import permit and/or CFIA certification confirming the products/by-products were treated according to APHIS requirements if they do not meet certain conditions. The conditions include: a thoroughly-cooked appearance and shelf stable as a result of APHIS-approved packaging and cooking (i.e., packaged in hermetically sealed containers and cooked by a commercial method after such packing to produce articles that are shelf stable without refrigeration).
Canadian pet birds (including returning birds of U.S. origin) originating from Ontario can enter the United States from Canada through a U.S. port of entry only with a valid APHIS-issued import permit and port inspection. In addition to an APHIS import permit, pet birds originating from or transiting through Ontario will also be required to have a CFIA-endorsed health certificate and must undergo 30-day quarantine.
Columbiform species (e.g., pigeons and doves) may be imported from Ontario with a valid APHIS VS-issued import permit, a U.S. port inspection by APHIS VS-designated personnel and a CFIA-endorsed health certificate. The health certificate has specific requirements that can be found on the Live Poultry Import web page for the USDA APHIS here. A 30-day quarantine is also required. For questions regarding the importation of live birds, please contact the VS National Import Export Services – Live Animals staff at (301) 851-3300.
For any other questions, please contact a local Plant Protection and Quarantine (PPQ), Agriculture Quarantine Inspection (AQI), Veterinary Medical Officer or PPQ QPAS Veterinary Regulatory Support headquarters staff in Riverdale, Maryland at (301) 851-2312.
Additional information on restrictions due to avian influenza can be found on the APHIS website here.
Travelers intending to bring food products into the United States from Canada are encouraged to learn which products are allowed and which are prohibited before they travel. Please visit the CBP’s website travel section here.
Staff Report on Detention, Demurrage, and Free Time Released
The Federal Martime Commission / http://www.fmc.gov/NR15-03/
The Commission voted at its meeting today to release a staff report entitled: entitled "Report: Rules, Rates, and Practices Relating to Detention, Demurrage, and Free Time for Containerized Imports and Exports Moving Through Selected United States Ports." Using publicly-available information, the report generally assesses and explains the rules and practices by a sampling of vessel-operating common carriers at each terminal in the Nation’s largest container ports. The report touches on concerns expressed by importers, exporters and drayage providers. The report indicates steps that the industry may take to address their concerns and, as well, indicates the types of Commission authority that may be brought to bear where the facts and circumstances support Commission action.
This report was compiled after completion of the four congestion forums held by each of the Commissioners at major gateway ports in the fall of 2014 and subsequent contact from stakeholders. The Commission also voted today to release the meeting transcript related to the staff report once it becomes available.
Chairman Cordero commented:
"I am hopeful that the report becomes a discussion paper among industry stakeholders and helps stimulate solutions to problems that have arisen as a result of the severe port congestion experienced in the last year. The report primarily frames the relevant issues, including: defining terms associated with the application of demurrage and detention rules; who controls the charges (e.g., carriers, Marine Terminal Operators or Port Authorities); and, potential actions that may be taken. The Commission staff report does not recommend any action by the Commission, nor did the Commission authorize any to be taken. Any action in the future by the Commission on its own motion, is not a matter for consideration at this time."
"The Commission has heard from many importers, exporters, and drayage trucking companies complaining about demurrage and detention charges that they must pay even though they cannot timely access their cargo or drop it off before free time expires. Though the Commission has received anecdotal evidence, the industry is encouraged to submit substantive documentation and information of unreasonable practices regarding the application of demurrage or detention. The documentation could include information related to those who pay the charges or to those who impose the charges. In addition, industry stakeholders are reminded that they may file complaints for adjudication at the Commission that involve alleged violations of the Shipping Act."
ITA - Press Releases
International Trade Administration / http://www.trade.gov/press/press-releases/
04/15/2015 U.S. Commerce Under Secretary Selig Announces Canadian Participation in Cross Border Privacy Rules System
04/15/2015 Commerce Preliminarily Finds Countervailable Subsidization of Imports of Melamine from the People’s Republic of China and Trinidad and Tobago
04/13/2015 Commerce Finds Dumping and Countervailable Subsidization of Imports of 53-Foot Domestic Dry Containers from the People’s Republic of China
CBP’s Hidalgo Port of Entry Seizes $2 Million in Narcotics, Detects Impostors and Prohibited Items in April
U.S. Customs & Border Protection / http://www.cbp.gov/newsroom/local-media-release/2015-04-16-000000/cbp%E2%80%99s-hidalgo-port-entry-seizes-2-million-narcotics
HIDALGO, Texas—Officers with U.S. Customs and Border Protection, Office of Field Operations (OFO) at the Hidalgo/Pharr/Anzalduas Port of Entry have intercepted $2,005,294 in narcotics, detected five impostors in violation of U.S. immigration law and arrested eight other person wanted on outstanding arrest warrants.
“Our work at CBP’s Office of Field Operations is unique and diverse in that not only are we tasked with facilitating legitimate trade and travel, but we are at the frontline of this great country’s borders, working towards our mission of keeping dangerous drugs, people and prohibited items from entering the U.S.” said Port Director Efrain Solis Jr., Hidalgo/Pharr/Anzalduas Port of Entry.
Within the first two weeks of April, CBP officers assigned to the Hidalgo/Pharr/Anzalduas Port of Entry have intercepted $1,136,620 in alleged cocaine, $833,339 in methamphetamine and $35,335 in marijuana. Officers assigned to passport control have detected five impostors, people attempting to utilize legitimate travel/entry documents belonging to someone else, either valid U.S. birth certificates or Mexican border crossing cards. CBP also arrested eight persons wanted on arrest warrants ranging from child support violators, injury to a child to parole violators.
Our CBP agriculture specialists were also busy checking for agriculture-related violations, assessing a significant amount in civil penalties to travelers who failed to declare prohibited fruits and also intercepted prohibited items for other agencies such as Food and Drug Administration (FDA) and U.S. Fish and Wildlife Service. Besides the prohibited fruits, items seized included deer antlers and kinder eggs, which are popular during Easter. The FDA has issued an import alert for kinder eggs, because they are a confectionery product with a non-nutritive object imbedded in it. As in years past, CBP, FDA and Consumer Product Safety Commission (CPSC) work in close collaboration to ensure the safety of imported goods by examining, sampling and testing products that may present such import safety hazards.
CBP’s Hidalgo/Pharr/Anzalduas Port of Entry is part of the South Texas Campaign, which leverages federal, state and local resources to combat transnational criminal organizations.