Tim Warren

Plans for PierPass-like system of extended operations and associated fees at the port of Oakland is a cause for concern and deserves more exploration, said the National Industrial Transportation League (NITL) in comments to the Federal Maritime Commission on Aug. 19 (here). The trade group's comments were in response to a recent amendment filing from the Oakland terminal operators that requested FMC approval for such a system. The plans are necessary "in view of the urgent need to ease congestion in the Port of Oakland," said the operators in the proposed amendment (here).

CBP will begin a test of ocean cargo manifest filing for exports within the Automated Commercial Environment, the agency said in a notice (here). The voluntary test will require participants to submit export data electronically at least 24 hours before loading, the agency said. Currently, the complete manifest is required on paper CBP Form 1302-A after departure, said CBP. The pilot will begin on Sept. 21 and is scheduled to last for two years, said CBP.

A Caterpillar Logistics Services protest filing that requested retroactive duty-free treatment under the Miscellaneous Tariff Bill (MTB) was too late, said CBP in ruling HQ H158855 (here). Caterpillar filed an application of further review of protest after it entered diesel engine components through the Port of Charleston in 2010 without claiming MTB eligibility. The company missed its window to claim the retroactive treatment, the agency said in the May 12 ruling.

Deputy secretaries from several federal agencies will soon consider revising the required use dates for some Automated Commercial Environment capabilities, said Geoff Powell, president of the National Customs Brokers & Forwarders Association of America in an Aug. 14 email. "In speaking with the Department of Homeland Security (DHS) last week, we were advised that Deputy Secretaries from several Departments will soon be discussing the ACE path forward, and understand that the White House will be making a decision in the coming weeks on whether to modify CBP's current transition plan," he said. CBP said on July 30 it had not formally recommended a delay to the ACE timelines (see 1507300004).

Eight shipping companies agreed to pay the Federal Maritime Commission about $1.2 million in civil penalties related to the agency's investigations into violations of federal shipping laws, said the FMC in a press release (here). The companies, United Arab Shipping, City Ocean Logistics, City Ocean International, CTC International, Oriental Logistics, Hyundai Logistics, Falcon Maritime and Sea Gate Logistics, settled with the FMC without admitting they violated the law or FMC regulations, said the agency. United Arab Shipping agreed to pay the largest penalty, $537,000 related to allegations that it unlawfully rebated "a portion of the applicable service contract rate in the form of an administrative fee not identified in the service contract, and for which no services were provided," said the FMC.

The Advisory Committee on Commercial Operations made a number of recommendations to CBP meant to resolve industry concerns with the recently announced air cargo pilot for pre-departure Automated Commercial Environment export manifest filing (see 1507090011). The manifest work group within the COAC Exports Subcommittee recommended that CBP make changes to the timelines, data elements, and procedures for managing holds within the test. CBP legal staff should also be more closely in contact with the COAC Subcommittee when developing regulatory notices, it said. The COAC approved the recommendations at the July 29 meeting in Chicago.

CBP has not formally recommended any change to the planned mandatory use date for Automated Commercial Environment cargo release and entry summary filing, said Brenda Smith, CBP assistant commissioner for the Office of International Trade. "We have not made a formal recommendation to the White House today," said Smith in a July 30 interview. The top lobbyist for the National Customs Brokers & Forwarders Association of America recently said CBP has gone to the White House with a recommendation to extend the Nov. 1 deadline by as much as six months, and is currently awaiting a response (see 1507290016).

CBP may be moving toward pushing back the Nov. 1 mandatory use date of the Automated Commercial Environment for electronic entry summary and cargo release filing, said Jon Kent, a lobbyist for the National Customs Brokers & Forwarders Association. Kent spoke during an NCBFAA webinar on July 28. The NCBFAA and others groups told CBP in recent months that the planned ACE timeline may not allow for sufficient testing by industry and the government and that more time is needed (see 1507170020).

CBP will extend its Air Cargo Advance Screening (ACAS) pilot, which allows for early filing of cargo data, for another year through July 26, 2016, the agency said (here). The extension will allow "the broader air cargo community to participate and prepare for a potential regulatory regime in a pilot environment," it said. "CBP would also like to ensure continuity in the flow of advance air cargo security information as the rulemaking process progresses." CBP has extended the pilot several times, most recently last year (see 14072515). Timing for the long-expected proposed rulemaking for ACAS remains unclear (see 1501080016). CBP will reopen the pilot, with new applications due Oct. 26.

The value added tax (VAT) imposed by the Chinese government on freight services may be excluded from the price actually paid or payable for imported merchandise, said CBP in HQ H264877 (here). CBP told MIQ Logistics, which requested the ruling, that certain VAT charges may be included among the costs considered to be incidental to the shipment and can be excluded from the transaction value. The ruling is dated July 10.