Port Terminals Holiday Schedule:
- PierPass: Terminals at the Ports of Los Angeles and Long Beach have announced their schedules for the Christmas holiday period. The revised schedule is posted below, and a PDF of the schedule can be downloaded at http://www.pierpass.org/wp-content/uploads/2015/12/Xmas-LA-LB_2015_2.pdf.
Please continue to monitor the websites of individual terminals for potential updates.
- PNCT: PNCT will be closed 12/24, Christmas Eve. Closed 12/25 for Christmas. Closed 12/31 for New Year's Eve and closed 1/01 for New Year's Day
- Maher Terminals: Maher Terminals will be closed Christmas Eve, 12/24 and Christmas Day, 12/25. Also closed for New Year's Eve, 12/31 and New Year's Day, 1/01/16.
U.S. Customs and Border Protection Announces Expansion of Apparel, Footwear, and Textiles Center
U.S. Customs & Border Protection
WASHINGTON —U.S. Customs and Border Protection (CBP) announced another milestone today toward fulfilling the agency’s initiative to enhance industry-specific collaboration. The debut of the Apparel, Footwear and Textiles (AFT) Center of Excellence and Expertise is now CBP’s hub for more than 67,000 importers of clothing, shoes, and raw materials.
Based in San Francisco, the center’s responsibilities include a majority of import and revenue-related activities for its industry. The center is the fourth to make its debut as part of the change in the way CBP processes trade in the 21st Century.
“The expansion of the AFT Center – and the selection of Eric Batt as its director – is a significant step forward for this important industry and for CBP,” said CBP Commissioner R. Gil Kerlikowske. “The Centers reflect the true spirit of collaboration between CBP and our trade stakeholders, reducing transactional costs, increasing consistency and predictability, and enhancing our ability to identify high-risk commercial importations.”
By leveraging new technology, CBP personnel in key locations throughout the United States, will be assigned virtually to the AFT Center, where they will carry out the following:
· increase consistency of practices across more than 300 U.S. ports of entry;
· resolve trade compliance issues nationwide; and
- single point of contact for trade actions.
CBP’s Centers of Excellence and Expertise assist the agency’s ability to accomplish its trade mission and to increase efforts to protect the health and safety of the American public while playing a role in strengthening the U.S. economy.
The AFT Center joins the Electronics Center in Los Angeles; the Pharmaceuticals, Health & Chemicals Center in New York; and the Petroleum, Natural Gas & Minerals Center in Houston as fully-operational units. Six additional Centers will be fully operational by mid-summer 2016.
U
SITC Institutes Section 337 Investigation of Certain Woven Textile Fabrics and Products Containing Same
U.S. International Trade Commission
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain woven textile fabrics and products containing same. The products at issue in the investigation are high thread count cotton and polyester sheets and bedding products.
The investigation is based on a complaint filed by AAVN, Inc., of Richardson, TX, on October 1, 2015. An amended complaint was filed on October 20, 2015, and a second amended complaint was filed on November 12, 2015. The complaint, as twice amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain woven textile fabrics and products containing same that infringe a patent asserted by AAVN or are the subject of false and misleading advertising. The complainant requests that the USITC issue a general exclusion order, or, alternatively, a limited exclusion order, and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
AQ Textiles, LLC, of Greensboro, NC;
Creative Textile Mills Pvt. Ltd. of Mumbai, Maharashtra, India;
Indo Count Industries Ltd. of Mumbai, Maharashtra, India;
Indo Count Global, Inc., of New York, NY;
GHCL Ltd. of Pradesh, India;
Grace Home Fashions LLC of New York, NY;
E & E Company, Ltd., of Thane, Maharashtra, India;
E & E Company, Ltd., d/b/a JLA Home, of Fremont, CA;
Welspun Global Brands Ltd. of Gujarat, India;
Welspun USA Inc. of New York, NY;
Elite Home Products, Inc., of Saddle Brook, NJ;
Pradip Overseas Ltd. of Ahmedabad, India;
Pacific Coast Textiles, Inc., of Garden Grove, CA;
Amrapur Overseas, Inc., of Garden Grove, CA; and
Westport Linens, Inc., of New York, NY.
By instituting this investigation (337-TA-976), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Wildlife Trafficking: What Happens to Confiscated Animals?
U.S. Fish & Wildlife Service
On August 26, we turned to animal care and conservation leader Shedd Aquarium for assistance in the rescue and rehabilitation of 102 internationally protected juvenile arapaima (Arapaima gigas) that were confiscated from O’Hare International Airport following an attempted illegal importation for the pet trade industry. The species is one of the world’s largest freshwater fishes and is listed as protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) at the Appendix II level. Half of the animals did not survive the unlawful trafficking, with the remaining 50 recovering under the watchful care of Shedd’s animal care specialists since that time.
The animals were commercially hatched in Colombia, South America and were shipped under poor conditions into the United States, packed in double plastic bags with as many as five to six fish per bag. Many of the arapaima were dead on arrival at Shedd. Several of the remaining animals were considered to be in critical condition and received dedicated attention, supplemental air and a diet of small crickets, bloodworms and small krill to promote their recovery.
“This is an example of how the illegal wildlife trade is not just decimating elephants, rhinos, big cats and great apes, but also thousands of lesser-known species in what has become a $19 billion-a-year industry,” said Tim Binder, executive vice president of animal care for Shedd. “This situation is a difficult reality and further evidence of the critical role accredited aquariums and zoos play in inspiring care and providing education about species and their environments for the public.”
The animals, which were estimated to be six weeks-old, between three and four inches long and weighed approximately 12 grams (.5 oz) each upon arrival in August, are considered evidence as part of a criminal investigation. We require a mandatory 60-day evidence holding period in cases like this before Shedd animal care staff can begin to place the fish in new homes. Since that time, Shedd has been permitted to keep the animals, with several being placed in the aquarium’s Amazon Rising exhibit, where mature arapaima are already displayed. Others will go to fellow zoological organizations also accredited by the Association of Zoos and Aquariums in recommendation with species management programs. The animals now weigh close to a pound in Shedd’s care.
“It is a privilege to have cared for and learned from this species almost since the time Shedd opened. We’re honored to be able to provide our assistance and expertise, working alongside federal agencies in the best interest of animals in need,” Binder added.
Since 2012, Shedd has been working in the field in Guyana and directly with the Guyanese government and the local Amerindian community to conduct research in the sensitive ecological area of the Rewa River to understand where arapaima live during the wet and dry seasons so their feeding, breeding and migratory habitats can be protected. Using radio telemetry to track movements of the 200-plus-pound fish, field data collected from the research are helping to inform the creation of a conservation management plan for the country.
“Despite being a top predator, vital to the health of the floodplain ecosystem and to the livelihoods of the people who reside there, arapaima populations have declined drastically,” said Dr. Charles Knapp, vice president of Shedd’s Daniel P. Haerther Center for Conservation and Research. “Little is known about basic arapaima biology, migration, or population dynamics, creating challenges for conservation efforts. These fish are highly desired for food in South America and are susceptible to overfishing because their physiology requires them to surface periodically and take a breath of air. This is when they are the most vulnerable to poachers with harpoons or arrows. Because the arapaima is a flagship species for the Amazon, understanding how we can help conserve and protect them is critical.”
In addition to the new arapaima, Shedd officials also assisted us in caring for 23 juvenile lake sturgeons (Acipenser fulvescens) in April. Also confiscated by our enforcement officers, six of the animals died shortly after due to poor shipping practices by the illegal importer and related complications. The remaining 17 received intensive care from Shedd’s staff and are progressing well. Still recovering behind the scenes in the aquarium’s quarantine area, the sturgeons have doubled in size since their arrival to 8 inches each.
“The wildlife inspectors and special agents of the U.S. Fish and Wildlife Service diligently work to intercept smuggled wildlife and capture the criminals who perpetrate these crimes,” said Edward Grace, Deputy Chief of the USFWS Office of Law Enforcement. “We also work closely with zoos and aquariums to ensure that any live animal we seize has the best care possible. We thank the Shedd Aquarium for the care and nurturing they provided to these protected fish.”
Shedd has an extensive history of working with government agencies to house corals and other aquatic wildlife seized by the U.S. Fish and Wildlife Service at Chicago’s ports. In some cases, the animals become permanent residents at Shedd, including 34 Korean halibut that were confiscated in March 2012 by our wildlife inspectors as part of the live food fish trade and hundreds of pieces of living corals illegally imported since 2010.
Commission Briefed on PierPASS and NY/NJ Port Initiatives
The Federal Maritime Commission
FMC staff briefed the Commission today on its continuing review of the competitive impact of PierPASS operations under the West Coast Marine Terminal Operators’ Agreement, FMC No. 201143 (WCMTOA). Commission staff recently visited the LA/Long Beach Ports to hear directly from PierPASS officials, several WCMTOA members, beneficial cargo owners, licensed motor carriers, ILWU representatives and port officials. Chairman Mario Cordero stated: "The FMC’s monitoring of PierPASS is part of its statutory mandate to monitor agreements for fairness in competition. It is also the direct result of complaints from stakeholders about PierPASS operations, costs, and quality of services."
Port of New York and New Jersey officials visited the Commission to discuss infrastructure and supply chain initiatives at the Port. Ms. Molly Campbell, Director of Port Commerce, and Ms. Bethann Rooney, Assistant Director for Port Performance Initiatives, presented their new Terminal Information Portal System (TIPS), an online portal designed to provide transparency at the terminals, and announced a pilot appointment system at the Bayonne terminal expected in 2016. TIPS is supported and maintained by a consortium of terminal operators and the Port, operating under a discussion agreement on file with the Commission, the Port of NY/NJ Sustainable Services Agreement, FMC No. 201175. The Commissioners applauded the port community’s collaborative efforts and focus on transparency. The Chairman remarked: "Other ports can learn much from the programs implemented at the port of New York and New Jersey."
Also at today’s meeting, staff from the Office of Consumer Affairs and Dispute Resolution Services (CADRS) presented on the Commission’s rules concerning arbitration. Arbitration is offered as one of several alternative dispute resolution processes available through CADRS.
In addition, Commissioner Doyle briefed his fellow Commissioners on his recent participation at the annual U.S – China Bilateral Discussion in Suzhou, China. Commissioner Lidinsky provided a briefing on his participation at the 2015 World Shipping Summit in Guangzhou, China.
Los Angeles Chosen to Welcome the Largest Container Ship Ever to Call in North America
Port of Los Angeles
SAN PEDRO, Calif. — Dec. 14, 2015 — The largest container ship ever to call at a North American port is scheduled to arrive at the Port of Los Angeles on Dec.26th. French shipping line CMA-CGM launched the CMA CGM Benjamin Franklin on Dec. 10. The vessel is scheduled to make her maiden call at APM Terminals-Pier 400 at the Port of Los Angeles. The ship has a capacity of nearly 18,000 Twenty Foot Equivalent Units (TEUs), which is about a third larger than the biggest container ships that currently call at the San Pedro Bay port complex.
“It’s fitting that the largest container ship to ever traverse North American waters would make its first call right here at the Port of Los Angeles,” said Mayor Eric Garcetti, who recently met with Founder and Chairman Jacques Saadé and other top CMA CGM executives. “The arrival of the CMA CGM Benjamin Franklin sends a powerful message that our port stands among the world’s greatest, and that we are prepared to continue growing and adapting to the demands of our global economy.”
"As we were reminded nearly a year ago when activity at the ports along the West Coast came to a near standstill, our ports are a critical economic engine at the local, regional and national levels,” said Secretary of Labor Thomas E. Perez. “Their effective, efficient operation is necessary for 21st century global commerce, and today’s news demonstrates that the Port of LA is prepared for the next phase of modern trade. Working together, the shipping companies and port workers have enabled the port to bounce back from last year’s slowdown and show the world its capabilities.”
“Together with the Board of Harbor Commissioners, we appreciate the confidence CMA-CGM has instilled in the Port of Los Angeles and the opportunities this vessel call will provide to APM Terminals, longshore labor and supply chain partners,” said Port of Los Angeles Executive Director Gene Seroka. “Earlier this year APM Terminals, longshore, and land-side logistics partners efficiently processed three 13,000 TEUs ships concurrently producing more than 38,000 container moves over an 8-day period. The arrival of the CMA-CGM Benjamin Franklin signals a new chapter in Pacific Rim trade flow and supply chain optimization.”
With its world class infrastructure, skilled longshore labor, and superior conveyance network all set to efficiently handle the largest-class ships on a routine basis, the Port of Los Angeles is uniquely capable to accommodate ULCV-class ships. It is anticipated that the CMA CGM Benjamin Franklin will return to San Pedro Bay in the first quarter of 2016 for a call at the Port of Long Beach.
CMA CGM, founded and led by Jacques R. Saadé is the world’s third largest and France’s top container shipping company. Its 470 vessels call more than 400 ports in the world, on all 5 continents. In 2014, over 12.2 million TEUs (twenty-foot equivalent units) were carried.
CMA CGM has grown continuously, and has been constantly innovating to offer its clients new sea, land and logistics solutions. Present in 160 countries, with a network of 655 agencies, the Group employs 20,000 people worldwide, including 2,400 in its headquarters in Marseilles.
As North America’s leading seaport by container volume and cargo value, the Port of Los Angeles facilitated $290 billion in trade during 2014. Port operations and commerce facilitate more than 148,000 jobs (about one in 12) in the City of Los Angeles and 531,000 jobs (or one in 16) in the five-county Southern California region. The San Pedro Bay Ports support more than 1 million California jobs and 3.1 million nationwide.
Hatch, Brady, Wyden Announce Deal on Bipartisan Customs Legislation
Committee on Ways and Means
Bicameral Conference Report Streamlines U.S. Customs System; Strengthens Enforcement of U.S. Trade Laws
WASHINGTON – Senate Finance Committee Chairman Orrin Hatch (R-Utah), House Ways and Means Committee Chairman Kevin Brady (R-Texas), and Senate Finance Committee Ranking Member Ron Wyden (D-Ore.) today announced a final agreement has been reached by the Senate and House conference committee on H.R. 644, the Trade Facilitation and Trade Enforcement Act of 2015.
The bipartisan, bicameral trade legislation authorizes U.S. Customs and Border Protection and puts in place effective tools to strengthen trade enforcement at the border and facilitate the efficient movement of legitimate trade and travel.
“After productive negotiations, we were able to produce a strong, bipartisan bill that will help modernize the nation’s customs system and ensure it is ready to meet the challenges of the 21st century global economy,” said Hatch, who also serves as Chair of the conference committee. “Strong enforcement is a key element in our trade arsenal and thanks to this legislation the Administration will have a number of new tools to hold America’s trading partners accountable. Even more, this measure promotes legitimate trade facilitation and works to preserve one of America’s most important economic assets: intellectual property, helping to prevent counterfeit and illicit goods from entering our nation. We’ve put together a good package, and I look forward to working with my colleagues to get this report across the finish line and signed into law this year.”
“Expanding trade is key to our pro-growth agenda for America,” said Brady, who also serves as Vice Chair of the conference committee. “Our bipartisan agreement turns the page on impractical, outdated customs and border policies that have hurt American workers and job creators for decades. By replacing inefficiency with innovation, this bill will make it easier for Americans to compete and win in marketplaces around the world. In addition, strong enforcement provisions will also level the playing field and help ensure that other countries follow the same rules. This conference report fulfills our commitment to members of Congress during the discussion of TPA to make sure the President enforces trade agreements, not just negotiates them. This agreement is only one of many pro-growth steps we’ll take in the months ahead to help all Americans prosper and succeed.”
“This enforcement package is about jobs,” said Wyden. “Too often, our laws and enforcement policies have proven too slow or too weak to stop the trade cheats before jobs are lost. The Leveling the Playing Field Act Congress passed earlier this year helped ensure that workers and businesses harmed by unfair trade have faster access to relief. This conference report, which includes the ENFORCE Act, will help ensure that this relief is effective and that trade cheats cannot evade the consequences of violating our trade laws. The bill we released today represents bipartisan trade enforcement priorities that were years in the making. It takes trade enforcement to a new level to protect workers and businesses in Oregon and around the country. Congress is now on the verge of passing the strongest package of trade enforcement policies in decades.”
Background:
Earlier this year, Senators Hatch and Wyden introduced and reported out bipartisan customs legislation from the Senate Finance Committee. The bill, the Trade Facilitation and Trade Enforcement Act of 2015, went on to pass the Senate in May by a vote of 78 to 20.
On April 21, U.S. Reps. Pat Tiberi (R-Ohio), Kevin Brady (R-Texas) and Charles Boustany (R-La.) introduced customs enforcement legislation, H.R. 1907, which was reported out of the Ways & Means Committee on May 14, as amended. The U.S. House of Representatives acted on the amended customs bill (H.R. 644) on June 12 and cleared the bipartisan measure by a vote of 240 to 190.
The Conference Report for the Trade Facilitation and Trade Enforcement Act of 2015 reconciles the differences between the House and Senate bills, formally authorizes U.S. Customs and Border Protection, facilitates the legitimate trade of goods, and combats violations of U.S. trade laws. Congress is expected to soon vote on the conference report and send it to the President’s desk to be signed into law.
Hatch and Brady served as the Chair and Vice Chair of the customs conference committee, respectively. In addition to Senator Wyden, customs conferees includes: Senators John Cornyn (R-Texas), John Thune (R-S.D.), Johnny Isakson (R-Ga.), Chuck Schumer (R-N.Y.) and Debbie Stabenow (D-Mich.) along with House Ways and Means Committee Ranking Member Sander Levin (D-Mich.) and Committee members Pat Tiberi (R-Ohio), Dave Reichert (R-Wash.) and Linda Sanchez (D-Calif.).