Friday, May 7, 2010
No Silver Linings As Eruption Fall-Out Continues
In procurement it’s always best to expect the unexpected but, even after the cataclysmic economic conditions experienced over the past two years, only the most ardent pessimist could have predicted a volcano in Iceland bringing the world to its knees.
The wholesale closure of European air space did more than disrupt an already ailing airline industry, it disrupted supply chains to an almost unprecedented extent.
Potentially disastrous it might have been, but what the latest crisis did was to offer procurement operations the opportunity to show that the painful lessons handed out on a regular basis throughout the credit crunch have been learnt and, more crucially, acted upon.
So, as Eyjafjallajokull continues to spew out ash and the dust steadfastly refuses to settle, do the supply chain risk pledges made by some of the biggest names in the corporate world amount to anything more than hot air?
“A couple of things have happened (as a result of the eruption),” Gary Lynch, global leader of Marsh’s global supply chain risk management practice, tells Procurement Leaders. “One of the major challenges that businesses face is to define their business continuity strategies and resilience in the supply chain — and a great many are beginning to realise that the way they approach the problem isn’t good enough.” Read more here.
Oil Slick Could Create Major Headache for Gulf Shipping
Managers of some of the nation’s busiest ports are studying the massive oil slick blanketing a large swath of the Gulf of Mexico that could cut off shipments of grain, coal, poultry, coffee, forest products and chemicals.
At the 4,000-acre port complex in Mobile -- the nation’s ninth-busiest port -- it was business as usual yesterday with ships coming and going and cranes moving cargo, but officials behind the scenes were nervously watching weather forecasts and making contingency plans if the slick moves closer.
“I’m scared to death of the long-term implications,” said Jimmy Lyons, executive director and CEO of the Alabama State Port Authority. “Nobody knows what this thing is going to do.” […]
“The worst-case scenario for the ports is whether the ships stop calling in the ports of New Orleans, Mobile, Gulfport,” said Capt. Michael Lorino, a pilot who guides ships through the Mississippi River’s Southwest Pass in Louisiana and president of the Associated Branch Pilots Association. “If the risk is coming through [the oil slick] and getting contaminated, it may change the minds of the vessels calling in the port area.” Read more here.
Looming August Deadline For Air Cargo Screening
US law requires that, beginning this August, 100% of cargo loaded onto passenger planes must be screened. This screening requirement applies to foreign originating flights to the United States, as well as domestic flights within the United States. For domestic departure flights, starting in August, aircraft operators will not be permitted to load cargo that has not been screened. Many have worried that this requirement will result in screening bottlenecks at airports and delayed cargo.
In response to these concerns, the Transportation Security Administration created the Certified Cargo Screening Program (CCSP), which allows US businesses to become certified to screen cargo before it arrives at an airport.
TSA and its umbrella organization, the Department of Homeland Security, are encouraging more businesses to become certified screeners. For example, DHS will ‘fast-track’ certified screening facilities for Safety Act designation, which is a form of insurance against terrorism. TSA also has indicated a willingness to consider industry-wide security standards as the bases upon which businesses may become certified to screen cargo under the CCSP. Recognition of such industry standards can reduce the burdens for businesses seeking certification. Read more here.
EU Official Prods China to Act More Global
EU trade commissioner Karel De Gucht has called on China to respect its global responsibilities, saying “splendid isolation is no longer an option.”
Speaking at a conference in the European Economic and Social Committee in Brussels on Thursday (6 May), Mr De Gucht said China must match its newfound economic weight with greater participation in international governance forums such as the World Trade Organisation.
“With size comes responsibility,” said the Belgian politician who has recently returned from a visit to China where he met the country’s commerce minister, Chen Deming.
European businesses have increasingly expressed their frustration at a perceived slowdown in market-opening reforms in the Asian powerhouse economy, saying Beijing is succumbing to the protectionist calls of domestic producers. Read more here.
Related: European Union Launches First-Ever Anti-Subsidy Action Against China (International Law Office — Subscription required)
Wednesday, May 5, 2010
Decreasing Supply Aids U.S. Transport Recovery
The American transport economy is creeping back towards growth. The American Trucking Association (ATA) ‘For-Hire Truck Tonnage Index’ climbed 0.4% in March after falling slightly in February and the highest level since November 2008. The seasonally unadjusted figures were 19.1% higher than in February. The ATA’s Chief economist Mr Bob Costello suggested that “both the demand and supply situations are steadily improving” driven in great part by re-stocking. He added that “For most fleets, freight volumes feel better than reported tonnage because the supply situation, particularly in the truckload sector, is turning quickly.”
This theory received a degree of support from Werner Enterprises, whose first quarter figures reported revenues up 8%, to $425.1m, although the trucking element of this actually declined by 1%. Operating income margin also increased on a year-on-year basis from 3.6% to 5%. Werner’s management commented that, “(the) recent improvement in the freight market can be attributed to decreasing supply than rising demand. We have observed an increase in the size and quantity of carrier failures in recent months. Gradually improving demand is also helping, and we anticipate that steady improvement will continue as we progress throughout 2010”. Read more here.
Trans-Pacific Spot Rate Jumps Over $2,000
Push on May 1 may drive higher rates in contract market segment
The spot rate for shipping a 40-foot container from Hong Kong to Los Angeles jumped to $2,189 per FEU in the week ended May 3, according to data collected by Drewry Shipping Consultants.
The Drewry container rate benchmark for the trans-Pacific route was 10.8%, or $213 per FEU, higher than the average rate of $1,976 per FEU recorded in the week ended April 26 and over $2,000 per FEU for the first time since February, as tracked in the Journal of Commerce container rate benchmark over the past year. Read more here.
Tuesday, May 4, 2010
DHS Lists Upcoming Regulatory Actions Affecting Importers, Brokers, Carriers
The Department of Homeland Security recently issued its semiannual regulatory agenda, which includes the following actions affecting international trade.
• U.S. Customs and Border Protection has pushed back to July a proposed rule that would amend its regulations concerning cargo information (manifest) discrepancy reporting requirements for all modes of commercial transportation (air, sea, rail and truck).
This rule would:
(a) set forth corresponding guidelines for the assessment of penalties or claims for liquidated damages for manifesting violations;
(b) require that any discrepancy from previously filed cargo information be reported to CBP by the responsible party immediately upon discovery and that such reports, with limited exceptions, be submitted in an electronic format;
(c) eliminate Customs Form 5931 and require that cargo declaration information be kept for a period of five years after conveyance arrival; and
(d) provide guidelines for the assessment of penalties for failing to reporting discrepancies.
• In June CBP plans to issue a proposed rule amending its regulations pertaining to the obligations of customs brokers to keep clients’ information confidential.
• A CBP final rule removing the regulatory provisions pertaining to the Land Border Carrier Initiative Program is slated for June.
• By November CBP intends to finalize interim regulations issued in 2008 concerning the importer security filing, or 10+2, rule.
• CBP anticipates publishing by August a final rule establishing another international registered traveler program called Global Entry, which would provide an expedited inspection process for pre-approved, pre-screened travelers. A pilot of Global Entry has been operating since June 6, 2008.
• A CBP final rule amending the requirements an individual must satisfy to take the written examination for an individual customs broker’s license has been delayed until June.
• The Transportation Security Administration is still planning to issue by October a supplemental proposed rule concerning its security programs for large aircraft, other aircraft operators and airport operators. TSA is considering alternatives to provisions in its 2008 proposed rule concerning (a) the weight threshold for aircraft subject to TSA regulation, (b) compliance oversight, (c) watch list matching of passengers, (d) prohibited items, (e) scope of the background check requirements and the procedures used to implement the requirement, and (f) other issues.
• TSA expects to finalize by November interim final regulations issued in September 2009 concerning the Certified Cargo Screening Program. The CCSP will certify shippers, manufacturers and other entities to screen air cargo intended for transport on a passenger aircraft and will be the primary means through which TSA will meet the statutory requirement that 100% of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation, must be screened by August 2010.
Containers – “Should Terminals Weigh or Not Weigh”
Container collapses can occur at sea as a result of a number of factors such as inadequate, deficient or improper securing, improper stowage configuration, excessive stability, the failure of the vessel to assess storm movement or to take action in deteriorating weather. This list is not comprehensive.
A secondary factor which is sometimes added to the melting pot as an issue is the declared weights of the containers by shippers which are loaded on board. […]
The debate over the obligations of carriers and terminal operators to weigh containers before loading and therefore to check the weights declared by shippers is to come under the spotlight in future at a conference taking place in London. Under the Rotterdam Rules it is intended that there be a strict and unlimited liability imposed on a shipper for any inaccurate information given, which results in the issuance of transport documents including information on the weight of goods, which are later found to be incorrect. This has no doubt encouraged a re-visit to some of the issues surrounding the weights declared by shippers. Read more here.
Department of Commerce Imposes AD/CV Duty Orders on Plastic Grocery and Shopping Bags from Indonesia, Taiwan, and Vietnam
(Business Wire)
The U.S. Department of Commerce today published antidumping duty orders on imports of plastic grocery and shopping bags (referred to as polyethylene retail carrier bags) from Indonesia, Taiwan, and Vietnam and a countervailing duty (anti-subsidy) order on plastic bags from Vietnam. Today’s actions follow last month’s affirmative determination by the U.S. International Trade Commission (“ITC”) that the U.S. industry is threatened with material injury by reason of the dumped and subsidized imports. The orders reflect the high levels of dumping and subsidization found by the Department in March.
The antidumping orders direct U.S. Customs to collect antidumping duty cash deposits from U.S. importers on all covered plastic bags from Indonesia, Taiwan, and Vietnam. The duty rates are 69.64 to 85.17 percent for imports from Indonesia, 36.54 to 95.81 percent for imports from Taiwan, and 52.30 to 76.11 percent for imports from Vietnam. Certain Vietnamese imports also will be subject to countervailing duty cash deposits of up to 52.56 percent. Thus, for example, if an importer enters subject bags from Vietnam, the importer could be required to pay combined antidumping and countervailing duty cash deposits of up to 128.67 percent of the customs value at the time of entry. Read more here.
Monday, May 3, 2010
FDA Seeks Industry Comments on Food Safety During Transport
The Food and Drug Administration (FDA) has released an advance notice of proposed rulemaking (ANPRM) on establishing guidance intended to reduce the risk of food contamination during transportation. The agency has asked the food industry to comment on rule proposals to govern the transportation of foods in the United States, as well as calling for comments from the transportation sector and consumer interest organizations. […]
FDA’s associate commissioner for food protection, Jeff Farrar said: “Our aim is to look at every component of the system to assess hazards, and to take science-based action where appropriate to maximize the safety of our food from farms all the way to consumers’ tables. Although contamination of food product during commercial transport is relatively infrequent, the potential harm can be widespread and serious.”
Read more here. The advance notice of proposed rulemaking – and instructions on how to comment – is available online here. The comment period is due to close on August 30, 2010.
Carbon Tariffs on Imports Risk Trade War: EU Study
The European Union (EU) is considering border tariffs on imports from more polluting countries, but an initial assessment shows such levies could spark trade wars, draft reports show. Two European Commission reports do not explicitly reject a push for border tariffs by France and Italy, but say they would be fiendishly complex to calculate, create a huge administrative burden and risk trade conflict.
“Border measures risk clashing with the obligations under the World Trade Organisation (WTO),” said one study looking at the cost of increasing EU curbs on climate-warming emissions.
France and Italy are worried that their industries, which pay for EU permits to emit carbon dioxide, will lose out to cheaper imports from countries that impose no such charges. Read more here.
Saturday, May 1, 2010
News from TAHOCO
Canada Offers $550 Million Toward New Bridge
Additional funding for Detroit River International Crossing
Canada offered the state of Michigan up to $550 million as a sweetener to get the legislature to give final approval to the building of a controversial new bridge between Detroit and Windsor, Ontario. The Canadian government is willing to increase its share of the cost of the proposed Detroit River International Crossing by that amount, Federal Transport Minister John Baird said Thursday.
The total cost of the project is expected to be $5.3 billion, by far the largest part on the Canadian side because it will cost more than $1 billion to build an extensive new approach road through Windsor. The approach would be partly underground to buffer noise for residents and would replace the present route, which follows city streets past 16 stoplights.
Michigan Governor Granholm went before the state House of Representatives Transportation Committee to read into the record a letter from Baird offering the additional $550 million to bankroll Michigan’s costs of the project.
Baird in Ottawa said Canada “is committed to build a new bridge crossing at the Windsor-Detroit border, and this funding commitment is another step we are taking to accelerate the start of its construction.” The “increased financial participation would be for project components in Michigan, and will be repaid to Canada over time,” the Canadian government said. Baird told reporters the repaying over time would be through tolls collected.
Read more here and here.
Dairy Industry Lobbies to Cut Milk from Soy Milk
A dairy industry group is lobbying the Food and Drug Administration (FDA) to banish the term ‘soy milk’ and stamp out any other use of dairy-specific terms to describe non-dairy products. The National Milk Producers Federation (NMPF) has sent a petition to the FDA urging the regulator to crack down on what it calls “the misappropriation of dairy terminology on imitation milk products.”
Since the NMPF first complained to the FDA about the practice a decade ago, the trade body argues that it is now more common than ever. In addition to the proliferation of terms like ‘soy milk’ and ‘soymilk’, the petition to the FDA contends that other dairy product names like cheese, yogurt and ice cream are being used by makers of non-dairy products.
The NMPF describes this as “false and misleading” labeling. Jerry Kozak, NMPF president and CEO, accuses the FDA of letting the issue slide so that the meaning of ‘milk’ has now been “watered down to the point where many products that use the term have never seen the inside of a barn.” Read more here.
FDA Urges Medical Industry to Prevent Cargo Thefts
The U.S. Food and Drug Administration sent a letter to medical firms Wednesday, expressing concern about cargo and warehouse thefts of FDA-regulated products. FDA Acting Assistant Commissioner for Regulatory Affairs Michael Chappell said the stolen products have included prescription and over-the counter medicines, medical devices, vaccines and infant formula.
In the letter Chappell asked the industry to review and strengthen security practices. “There have been several cases where patients experienced adverse reactions from stolen drugs, reactions that were most likely due to improper storage and handling,” Chappell wrote. “We do not want to see this increase in thefts continue.” Read more here.
China Vows Fairness for Foreign Companies
China’s premier promised foreign companies equal treatment with Chinese rivals, in Beijing’s most high-profile effort yet to quell complaints it is trying to squeeze foreign competitors out of its markets.
“We will endeavor to create a level playing field for all market players, foreign and Chinese enterprises alike,” Premier Wen Jiabao said at a news conference with European Union President Jose Manuel Barroso.
China has faced repeated complaints in recent months that technology and other policy are being used to promote its companies at the expense of foreign rivals in violation of the spirit of its free-trading commitments.
It is unusual for such a senior Chinese leader to respond to complaints by foreign companies, and Wen’s remarks indicated the importance Beijing attaches to placating investors that are supplying technology and skills to develop its economy. Read more here.