Monday Morning eBriefing

One of the FMC Commissioners has approached the NCBFAA seeking information from the members relating to the problems being experienced in making deliveries of U.S. export cargo at west coast terminals. More specifically, it has been reported in the trade press that a number of west coast ports have been reducing delivery windows when cargo can be received at the terminals due to insufficient space, the consequence being that exporters and NVOs are either required to hire extra truckers to ensure that their cargo will move when booked or pay higher freight rates in exchange for longer delivery windows.

Urged on by shippers and ocean transportation intermediaries and seeing that the FMC was unenthusiastic about a petition for development of a policy directed at demurrage and detention, Senator John Thune (R-SD), Chairman of the Senate Commerce Committee sent a letter to the FMC encouraging action on the part of the agency but not directing it to a specific result. Unsaid is the fact that Senator Thune comes from an agricultural state reliant on shipping in international commerce.

With education its tool and advancement its goal, the NEI's Veterans to Trade (V2T) Program has been a life changer for at least one Navy veteran. Future Forwarding Company's Anthony Adams was working in the company's Warehouse Returns Department when the firm's Vice President Pam Brown, one of Veterans 2 Trade's founders, took a moment to discuss the possibility of advancement through education with him and others.

United States CBP Acting Commissioner Kevin McAleenan and Director General of Kuwait General Administration of Customs Jamal Al Jalawi have signed a Customs Mutual Assistance Agreement (CMAA) marking a significant milestone in collaboration on security and trade facilitation between the two countries.

The Export-Import Bank of the United States (EXIM) is extending provisions to assist U.S. exporters and financial institutions located in those areas of Texas and Louisiana that have been declared federal disaster areas by the Federal Emergency Management Agency due to the effects of Hurricane Harvey.

The FMC reminds all ocean carriers and shippers impacted by Hurricane Harvey that its Office of Consumer Affairs and Dispute Resolution Services (CADRS) can be of assistance in the aftermath of the storm.

Port Houston Container Terminals Hurricane Harvey FAQs (as of 9/1/2017) DISCLAIMER: Following information is to the best knowledge of Port Houston. Contact your steamship line for information on specific vessels/containers.

The thoughts and prayers of the NCBFAA are with all those who have been affected by Hurricane Harvey this past weekend. For those members who have lost power or have been displaced by the storm, the NCBFAA would like to offer our offices as a temporary work space. Our conference room is equipped with internet access and a widescreen wall-mounted monitor. For availability, please contact dwilliams@ncbfaa.org. We will work hard to accommodate all requests.

Calling it a commitment to transparency in its rulemaking process, the Department of Transportation (DOT) has reinstituted its monthly public Significant Rulemaking Report.

To help businesses meet the requirements of the Food Safety Modernization Act (FSMA) Final Rule for Preventive Controls for Human Food, the FDA has released a new software tool to help owners and operators of food facilities create a food safety plan specific to their facilities.

This week, NCBFAA President Geoffrey Powell will be attending the IFCBA Board of Directors meeting in Bangkok, Thailand. In addition to meeting with brokers from around the world at this event, representatives from the U.S., Canada and Mexico will be meeting to discuss NAFTA.

CBP recently announced that it is modifying the ACE Export Manifest for Air Cargo Test, Vessel Cargo Test, and Rail Cargo Test, National Customs Automation Program (NCAP) tests concerning ACE export manifest capability, by making certain of the export manifest data elements optional. CBP is also extending the test and will be accepting additional applications for participation in this modified test from all parties meeting the eligibility requirements.

This Wassenaar Arrangement final rule revises the Commerce Control List (CCL), as well as corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2016 WA Plenary meeting. This rule revises 50 Export Control Classification Numbers (ECCNs), as well as the WA sensitive list (Supp. No. 6 to part 774), Definitions (Part 772) and License Exception APP (§ 740.7).

Partnerships were the focus of the week for NCBFAA Executive Vice President Megan Montgomery. Last week, she spent time finalizing NCBFAA's Getting to Global partnership with the Department of Commerce and the Media Partnership with American Shipper. Both of these partnerships make the association more effective at advocating for our industry. Additionally, she spent much of her time supporting and preparing for the upcoming Government Affairs Conference.

CBP has posted an updated FWS Implementation Guide (IG) and a FWS PGA Message Set Samples document to CBP.gov. To download a copy of the updated PGA documents, please copy and paste the following URLs to your internet browser:

As of September 16, all electronic filings of FTZ admission applications must be made in ACE as ACS will be decommissioned for the electronic filing of these applications, according to a recent CBP notice. All other filers will continue to submit FTZ admission applications to CBP on paper.

Rear Adm. Mark H. Buzby, USN, Ret., is the latest Administrator of the Maritime Administration. Prior to his appointment, Admiral Buzby served as president of the National Defense Transportation Association (NDTA), a global association of transportation and logistics professionals.

The NCBFAA and American Shipper recently announced a partnership agreement designed to better serve the needs of their members and readers alike. The focus of this new partnership will be better member and reader service, including an NCBFAA sponsorship of American Shipper's 2018 Import-Export Compliance Benchmark Survey.

Updated ACE Information Posted on CBP.gov - CBP has updated a webpage and an ACE document on CBP.gov. The updated ACE information includes:

The Department of Commerce announced a preliminary decision to impose countervailing duties on aluminum shipments from China, ranging from 81 percent to 17 percent for four companies and 22 percent on other Chinese companies that are not specifically named. The preliminary decision is part of a routine CVD investigation and is separate from the Administration's broader inquiry into the impact of aluminum and steel imports on national security. Nevertheless, it takes on added importance in the midst of growing tensions over trade with China and prompted a warning from China to the U.S. to "act cautiously....to avoid any negative impact" on economic and trade ties between the two countries.