TrendWatch
May 13, 2010Top
 
In This Issue
Update to Residue Reporting Requirements
ICS - New US / EU Shipping Acronym
Update on Incoterms 2010
Asia-Europe Container Volume Surges 20 Percent
BA cabin crew plan strike action
CBP to Host Trade Outreach Webinars
South Africa Ports at a Standstill
Asia-Europe trade holds strong in Q1 as recovery continues
Brazil Challenges EU Generic Drug Seizures at WTO
Antwerp Promotes its Advantages as Most Important European Port
Workers' strike hampers activities in Ctg port
Truck Rates to Rise on Capacity Shortage
Bersin's 'grand bargain' for advance cargo data
 
 
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ArrowUpdate to Residue Reporting Requirements TradeWatch
 
 
May 12, 2010 - Further to our May 10, 2010 TradeWatch, we have received information that the implementation date of July 1 has been postponed, allowing CBP to continueto address industry concerns.  CBP is working to providing a new set of guidelines and dates for companies to begin the process. We will continue to advise details as they become available.  Thank you.
 
Click here to see read the original TradeWatch article
  
BDP International
 
 
 
ArrowICS - the new acronym to get used to if you ship goods from the US to the EU 
 
 
May 12, 2010 -  ICS is noted in European Parliament and Council Regulation (EC) No. 648/2005, the safety and security amendment to the Customs Code, and Commission Implementation Regulation No 1875/20061.

Originally, ICS was to be introduced across the EU for implementation for July 1, 2009; however, many realized this date was not achievable for a number of EU member states. The Commission and member states have now agreed to a final transition deadline of January 1, 2011. As of this date, it will be mandatory for carriers to electronically provide EU Customs authorities with advance information on shipments that are either in transit through the EU or destined for a member state. Therefore any shipment that enters the EU is subject to ICS regulatory security checks and profiling.
 
A number of member states have gone live or about to go live with their ICS system so that Carriers can can to test their systems and the data requirements for meeting the regulations.

Many in the US can associate the filing of this data as a very similar procedure change with the Us "24 hour" rule, in which the carriers were required to file their manifest data electronically to CBP in the US prior to loading on vessels, aircraft or border crossing.  While this request for data is placed with the carriers ( Air and ocean) many of the required data elements will need to come from the various parties that are involved in the supply chain. So as the demand for data is raised to a higher level to meet the security concerns on how goods move across international borders so to are the costs connected with the gathering of the data, ensuring accuracy as well as the timeliness.
  
BDP International
 
 
ArrowUpdate on Incoterms 2010  
 
 
May 12, 2010 -  On May 6th, the fourth draft proposal of Incoterms® 2010 cleared a major hurdle by receiving unanimous approval at the ICC's Commercial Law and Practice Commission (CLP). 
 
Since the CLP works on a consensus basis, there were significant changes made during the debate, and the Drafting Group spent the following day finalizing the proposal.  The last step in this process is consideration by the ICC Executive Board which is scheduled to meet on September 16-17. 
 
If all goes as planned, Incoterms® 2010 will become a reality upon their approval.  This is likely. By the way, along with CLP approval came a strict gag order.  I am prohibited from disclosing much more information than I've already done in these updates. 
 
This limits my comments to the following:
   · Changes are substantial.  Over 2,000 comments were received from ICC national committees. 
 
   · In Incoterms® 2010, each term is now called a "rule."  This avoids saying "Incoterms term."
 
   · There will be fewer rules than the 13 in Incoterms 2000, and several are brand new.
 
   · The presentation will be very different than previous versions.
 
   · They will be much more user friendly, particularly for non-lawyers like me.
 
   · Specific changes will facilitate use in US domestic trade.
 
   · Consistency will be far greater than previous versions.

   · The ICC is aggressively protecting its trademark rights to the point of including the registration symbol  ® right in the title..

  
Frank Reynolds, US Delegate to the Incoterms® 2010 Revision 
 
ArrowAsia-Europe Container Volume Surges 20 Percent          
 
Rebound started in fourth quarter, improved through first quarter  
 
May 7, 2010Container shipments from Asia to Europe surged 20 percent in the first quarter from a year ago as the rebound in traffic that started in the final three months of 2009 continued into 2010, according to latest industry figures.
 
First quarter shipments rose 3.2 percent from the previous three-month period, according to the European Liner Affairs Association.
Growth slowed to 10.5 percent in March after a 53.5 percent surge in February that reflected the steep slump in traffic in the opening weeks of 2009.
 
Carriers transported 3.1 million 20-foot equivalent units from Asia to Europe in the first quarter, compared with 2.59 million TEUs in the same period in 2009, the Brussels-based industry group said.
 
The year-over-year growth in traffic on the return leg from Europe to Asia slowed to 9.9 percent in March from more than 25 percent in February and more than 34 percent in January to total 1.36 million TEUs in the first quarter against 1.12 million TEUs a year ago.
 
The previously sluggish North Atlantic trade registered growth in both directions led by shipments to Europe that rose by just over 14 percent in the first quarter to 687,200 TEUs. Westbound traffic out of Europe grew almost 11 percent to 722,000 TEUs.  
 
By Bruce Barnard
The Journal of Commerce Online - News Story
 
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ArrowBA cabin crew plan strike action     
 
 
May 11, 2010 - British Airways cabin crew are to stage a series of five-day strikes in their bitter row over jobs, pay and conditions, threatening travel chaos in the run-up to the summer holidays, reported The Independent.

The crews' dispute with the company's management, which began 14 months ago, will now reach a conclusion within four weeks. The Unite union announced 20 days of strikes, spread across late May and early June - including the entire half-term week - which will affect around two million passengers.

Cabin crew will walk out on 18-22 May, 24-28 May, 30 May-3 June and 5-9 June. Each strike period will be separated by one day of "normal" work, though union officials believe it will be impossible for the airline to operate normally on these intervening days - making it effectively a 23-day stoppage.
The strike call follows an "online consultation" of cabin crew over the latest BA offer. This was resoundingly rejected by 81 per cent of those who voted, with a turnout of 71 per cent. The basis of the original strike call was to restore cabin crew numbers on long-haul jets to and from Heathrow, which BA had reduced by one or, on some routes, two.

Union members who backed two strikes in March had their staff travel privileges withdrawn; Unite has made it clear that the reinstatement of these must be part of any settlement. But the airline has refused to make concessions on staff travel, or on suspending disciplinary action against some Unite members.
 
Cargonews Asia
 

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ArrowCBP to Host Trade Outreach Webinars   
  
 
May 10, 2010 CBP is hosting trade outreach events via free webinars to provide more timely and up-to-date information to the international trade community on CBP trade policy, as established by the agency.
 
CBP will begin a series of live webinars that will be recorded and available for subsequent on-demand viewing over the Internet. The programs will consist of a high-level overview of the initiative, policy, or other topic; and will conclude with an opportunity for the trade to ask pertinent questions. To maximize the trade community's ability to ask questions during the webinars, the presentation portion will be limited to approximately 30 minutes.
 
Space is limited per webinar, so please pre-register using the CBP on-line registration process. Although the trade outreach webinars are provided free of charge, CBP incurs a penalty fee for unused telephone lines per event. If for any reason you must cancel your registration, please submit your notice of cancellation via the on-line cancellation form 48 hours prior to the event.
 
Future CBP Trade Outreach Webinars:
 
ISF/"10+2" Webinar for East Coast Small to Medium Sized Importers/Brokers
Thursday, May 13, 2010
10:00 - 11:00 a.m.
( CBP ISF/"10+2" 2010 Outreach Schedule )
 
CBP Outbound Issues Webinar
Thursday, June 10, 2010
2:00 - 3:00 p.m.
( Webinar Registration - CBP Outbound )
( Cancellation Request Form - CBP Outbound )
 

BDP International and the US Customs and Border Patrol
ArrowSouth Africa Ports at a Standstill    
 
 
May 12, 2010  - ThSouth Africa's three main ports are at a standstill as strikes by transport workers threaten to jeopardise the World Cup. 

Today, members of the United Transport and Allied Trade Union (UTATU) joined a strike by the South African Transport and Allied Workers Union (SATAWU) over what they claim are insufficient pay increases by state-controlled port operator Transnet. 

Speaking to IFW on the third day of of the strike, UTATU general secretary Chris De Vos said: "The biggest concern is the soccer World Cup, because there is a lot of equipment and cargo in containers that needs to be imported now. 

"The three big ports of Richard's Bay, Durban and Cape Town are vastly impacted and most of the operators [at smaller ports] have been bought to a halt." 

African specialist Safmarine told IFW the delays caused by the strike were affecting the country's entire supply chain. 

South Africa corporate affairs executive Fred Jacobs said: "A special team has been set up to make alternative plans for shortsea cargo and to decide which vessels will have to omit port calls or continue to wait for a berth. 

"Our options are limited as there are few transhipment options serving this region."

Transnet said it was trying to minimise the impact of the strikes by redeploying resources to critically needed areas and prioritising the movement of key commodities. 

De Vos said that some rail freight services operated by Transnet were also affected, but many were still running. 

Together the two unions represent 41,000 out of Transaid's 49,000 workers, but not all are on strike. 

De Vos warned that there was no end in sight and that the strikes were "starting to turn ugly". 

Non-striking workers are being intimidated and there is a suspicion that a derailed train today may have been the result of sabotage. 

Transnet's offer of an 11% increase in wages, which De Vos felt was a fair offer with inflation at around 5%, was rejected by members of both unions. 

De Vos said no talks with Transnet were planned but UTATU was available for discussions. 

Transnet has condemned the industrial action and violence, which yesterday led to arrest of 13 protesters.
 

International Freight Weekly
 
Arrow
Asia-Europe trade holds strong in Q1 as recovery continues  
 
 
May 12, 2010  - ASIA-Europe volumes continued to hold strong in the first quarter of this year, despite the gloomy economic outlook in Europe, according to the latest information released by the European Liner Affairs Association (ELAA).

Westbound volumes for the quarter rose 20.4 per cent year on year to 3.1 million TEU, and a 10.49 per cent hike in volumes for the month of March.

The interesting fact about the ELAA's latest data is that this now provides us with our first look at the post-Chinese New Year trade situation to and from Europe and the overall picture is still relatively positive.

However, not all was bright news.

West Mediterranean, North Africa and Asia-bound cargoes from Europe were down six per cent from 2009 for the month of March.
Meanwhile, German exports to Asia appear to be on the rise again, as March volumes reached 100,000 TEU, representing an 18 per cent month-on-month rise over February.

Looking more generally at the Asia-bound trade from Europe and growth appears to remain healthy year on year, with the backhaul leg of the trade growing 9.87 per cent for the month and 21.5 per cent for the quarter. 

Freight rates on the trade continued to rise in March, despite reports that rates had softened for the month, as the Asia-Europe rate index reached around 115.

This means that rates are now well in excess of their pre-recession levels. 
 
Shipping Gazette - Daily Shipping New
ArrowBrazil Challenges EU Generic Drug Seizures at WTO  

 
May 12, 2010 - Brazil filed a complaint at the World Trade Organization on Wednesday over the seizure by Dutch authorities of a shipment of Indian-made generic drugs.

Brazil asked the global commerce body to start a formal consultation process - the first step in a trade dispute - involving the European Union and the Netherlands.

Last year authorities in the port of Rotterdam seized a shipment of hypertension drugs that was on its way to Brazil after a Dutch company claimed they infringed its patents.

The moved prompted an angry response from Brazil and India who have been at the forefront of promoting the use of generic drugs as an affordable alternative to expensive brand-name medicines for people in developing nations.

Brazil said in a statement that the seizure broke WTO rules and risked disrupting programs by international aid agencies to supply generic medicines to poor countries.

India, too, joined the request for consultation hearings at the WTO.
 
 
Stamford Advocate
 
Arrow
Antwerp Promotes its Advantages as Most Important European Port  
 
 
May 11, 2010 - Shipping trade between Antwerp and Turkey has grown by an average of 16% annually over the past decade. In 2009 some 10 million tonnes of freight were carried between Antwerp and various ports in Turkey. In order to further develop its role as the most important European port for Turkey, Antwerp Port Authority organised a Port Day on Monday, 10 May in Istanbul.

With this event the Port Authority and Alfaport Antwerp aimed to give industrial and logistics entrepreneurs in Turkey a better idea of the features and advantages offered by the port of Antwerp. The event was opened by Port alderman Marc Van Peel and the Belgian ambassador to Turkey H.E. De Witte. Afterwards there was plenty of opportunity for networking and exchanging experience.

Out of the 10 million tonnes passing through Antwerp last year to or from Turkey, about 8 million tonnes was carried in containers. The container volume amounted to 700,000 TEU, mainly carrying electronics, steel products, chemicals, car parts, textiles and fruit. Other significant freight categories included scrap metal and ore. Thanks to the growth in freight volume Turkey is now Antwerp's third-largest trading partner after the USA and the UK, with imports accounting for nearly 47% and exports just over 53%.

For Turkey, Antwerp has developed in recent years into the European port. In 2000 Antwerp was only the second most important port for Turkey, with a market share of 23%, but now it is the European leader by a long way with a share of nearly 58%.
 
Journal of Commerce Online
  
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ArrowWorkers' strike hampers activities in Ctg port    
   
 
May 10, 2010 -  The indefinite strike called by the Bangladesh Noujan Sramik Federation to press for wage increase is continuing for the third day in Chittagong. The operational activities of Chittagong port, the prime sea port of the country, are being hampered due to the strike.

A total of 22 mother vessels (ships) are still waiting at the outer anchorage of Chittagong. A total of 23 ships including 15 ships at the jetties and eight ships at the mooring are waiting until today, sources said. The operational activities including loading and unloading of cargoes are although hampered. Chittagong Port Authority has been trying to resume the operational activities fully.

Sources said, the workers did not a work at 22 ships at outer anchorage. Besides, there are 23 ships in the port which could not leave.

Meanwhile, the followers of shipping minister Shahajan Khan allegedly attacked the workers of lighterage ships again today. Police raided the office of Chittagong Lighterage Ship Workers Union at Sadarghat in the port city. Allegation has it that police ransacked the office. Mohammed Abu Taher, general secretary of Chittagong Lighterage Ship Workers Union told The Independent that the strike would continue till full realisation of their demands.

The Daily Independent Bangladesh
 
ArrowTruck Rates to Rise on Capacity Shortage
 
 
May 3, 2010 -- Shippers should expect trucking rates to rise as motor carriers capitalize on a relative shortage of capacity caused by a range of factors from the 2009 demand downturn, according to a note from the consultancy IHS Global Insight.
 
"Capacity in the motor carrier segment has decreased from its overabundance of a few years ago," said Charles W. Clowdis Jr., managing director of transportation advisory services for IHS Global Insight. "To provide increased capacity as the economy recovers, rate increases are a certainty. Ample capacity will be required to enable suppliers to ship to factories that in turn ship to customers and distribution centers."
 
Clowdis explained that the 2009 crisis thinned the herd of a fragmented trucking industry.
 
"Many carriers have exited the market during the economic downturn due to declining tonnage and shipments, as well as heavy debt service demand," Clowdis wrote. "Owner-operators, those still in the marketplace, will also offer less capacity as the economy recovers. It is also extremely likely that a repeat of the driver shortage will return and intensify as drivers turn instead to construction and other jobs as the economy recovers. Higher pay for drivers will also necessitate rate hikes."
 
Environmental and debt servicing pressures will also drive up rates, Clowdis said.
 
"Many carriers, both truckload and less-than truckload, have not replaced their fleets on a schedule that puts the most fuel-efficient equipment requiring less maintenance into service," he said. "In effect, carriers must increase their margins to at least 8 percent. Those carriers that have held their rate levels stable will also be pressured as their competitors offer increased capacity to the market.
 
"Rates will also be driven upward by the need to service debt incurred by many of the carriers that resorted to borrowing to sustain themselves during the downturn, some at high interest rates.    Shareholders that have been patient will also expect improvement in share prices and dividends driven by better earnings. These demands must be met through increased rate levels."
 
For the first time in five years, motor carriers may be in a position of strength rather than shippers.
 
"Since 2006, the rate levels in the transportation marketplace have favored the buyer of transport service," he said. "More capacity pursued less available freight as the economy retracted. As capacity decreases and becomes more valuable to serve the released consumer demand, carriers will become more aggressive in seeking rate increases. Increases in the 7-10 percent range have already been signaled by the industry. While carriers have learned important cost-reducing lessons in the downturn, increased capacity has enabled many of these. As freight tonnages increase, many of those savings will disappear.".
 
 
American Shipper
 
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ArrowBersin's 'grand bargain' for advance cargo data   
    
 
May 12, 2010 - New U.S. Customs and Border Protection Commissioner Alan Bersin on Tuesday proposed a "grand bargain" by which importers would share more detailed information about their trade partners and shipments in exchange for much faster clearance of their goods and guarantees of data protection.

   Bersin, speaking in Philadelphia at a meeting of the Commercial Operations Advisory Committee, articulated his vision for border security and trade promotion strategies that complement each other, with a heavy reliance on risk management and expedited clearance for trusted shippers and travelers.

   "We need to reinvent our security regime," he said.

   It was his first opportunity to personally address the 20 members of the private sector body since taking office two months ago and repeat previous statements before Congress and elsewhere that he wants to design security programs that don't harm commerce.

   The former Southwest border coordinator for the Department of Homeland Security acknowledged to reporters during a break that risk management, layered security and separating low-risk and known traffic from that which is high-risk or unknown are not new concepts, but that he intended to develop more robust protocols to realize their full potential.

   "We need to implement it in practice to a much greater scale and with much greater fidelity to the end point of expediting lawful traffic and seizing unlawful and dangerous traffic.

   "The determination to have it contributed to by the private sector, by the trade community, have it adopted and have it implemented to much greater effect and benefit is the novel dimension," Bersin said.

   His statement carried overtones to former CBP Commissioner Robert Bonner's so-called Green Lane under which shippers that demonstrate their supply chain security practices meet high standards get a virtual free pass to avoid inspections.

   CBP officials have stressed since 9/11 that their twin missions are border security and trade facilitation, although many importers and exporters say security requirements still trump efforts to simplify Customs clearance and compliance procedures. Importers in the highest tier of the voluntary trusted trade program known as the Customs-Trade Partnership Against Terrorism complain that they still do not receive sufficient tangible benefits to justify the expenditure of resources required to participate.

   Bersin told Congress last month that he wants to build on trusted trader and traveler programs such as FAST, SENTRI, NEXUS and Global Entry.

   The Free and Secure Trade program offers expedited clearance for carriers and shippers enrolled in C-TPAT by reducing the amount of documentation required at crossing, providing dedicating lanes to FAST participants and reducing inspection levels. Under the program, drivers must be pre-vetted as low-risk through a review of their identification and citizenship documents.

   SENTRI and NEXUS are southern and northern border programs, respectively, that allow registered travelers to speed through border checkpoints and Global Entry offers the same benefit at airports for international travelers.

   The implication of his philosophy, Bersin said Tuesday, is that CBP can't increase security measures unless it does a better job of segmenting traffic by risk.

   "We're trying to find a needle in a haystack. There are two ways to do that. One, we can use very pinpointed intelligence to reach into the haystack. Or, you can blow a lot of the hay away from the haystack to make it easier to find the needle," he said.

   The critical piece to using risk management instead of blunt inspection tools at the border is advance information, he said.

   "If you share information with us about your supply chain -- with whom you do business, what's shipped, whom you trade with, and who you let do business on your behalf and other information we may require -- to establish you as a trusted shipper, then we have two reciprocal obligations: To use that information appropriately and protect its confidentiality for competitive reasons as well as institutional proprietary reasons and to facilitate the movement of your goods across physical boundaries.

   "This is the bargain that I propose to the private sector" to enhance security and economic competitiveness at the same time, Bersin said.

   CBP in the future intends to extend the offer to foreign companies and nations "to permit us to do our inspections and segmentation as far away geographically and as early in time as we can from the arrival," he added.

   Left unsaid was whether the new Importer Security Filing, or "10+2' rule, still does not provide enough detailed transactional data about imports. The rule requires importers to provide 10 pieces of information about its supplier, container stuffing location, cargo contents and consignee 24 hours prior to vessel loading in a foreign port. It was implemented because ocean carrier manifest information is very vague for targeting purposes.

   Asked during the break what extra information the trade community could still provide, Bersin said, "There's a fair amount that could be disclosed earlier in the process."

   Pointing to the container manifest as an example, he said, "The first information we get is fairly sketchy. It gets more specific as the container comes closer to the American shore. It seems to me that with the confidence that that information would be protected, there could be a lot more instructive statement about what's in the container which would permit much more targeted judgments about exactly what kind of achievements could be gotten, on top of C-TPAT treatment.

   "What we need to do is get more people into the most expedited tier of the program, and that necessarily involves knowing more about not only the shipper but the shipment."

   The Container Security Initiative, the Secure Freight Initiative and C-TPAT are all due "for a relook and a renewal of purpose, and multiplication of the original promise.

   "That's not to say these programs haven't served well. They have," but CBP needs to develop more flexible inspection arrangements and evaluate the mix of technology, personnel and overseas partnerships "to see whether or not we can rebalance that to get a more effective and efficient result," Bersin said.

   To demonstrate his seriousness about achieving quick trade facilitation results, Bersin announced that CBP has taken concrete steps to significantly shorten the amount of time it takes for a customs broker to obtain his or her license after passing the broker exam. 
  
American Shipper
 
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