Hapag-Lloyd was ordered to pay $822,220 by a U.S. administrative law judge after a Federal Maritime Commission investigation determined the carrier imposed unfair detention fees, according to an April 22 decision. Hapag-Lloyd “acted unreasonably” by charging detention fees on a drayage provider that was unable to make appointments to return empty containers, the FMC’s Bureau of Enforcement said, and continued to impose the charges after they were disputed alongside “corroborating evidence.”
With negotiations expected to begin in earnest soon on the House and Senate's trade packages, staffers in both chambers of Congress say there could be support for antidumping and countervailing duty reform and language around Section 301 tariff exclusions, but the likelihood of a dramatic de minimis change seems somewhat remote.
EU Trade Commissioner Valdis Dombrovskis said he asked American officials this week for more flexibility in how the tariff rate quotas for European steel products are administered. He said that while actions of the Biden administration have "put things, tradewise, on a more positive track," in his view "the current system [for TRQs] seems to be quite rigid."
The director of CBP's Office of Trade told an audience that importers who are considering importing a good that has a new supply chain and are concerned about running afoul of the ban on imports of goods made with forced labor can submit a request for a binding ruling that the product's supply chain is free of forced labor. CBP Executive Assistant Commissioner AnnMarie Highsmith, speaking at a webinar hosted by the University of Illinois Chicago School of Law on April 20, noted she was not presenting CBP's official position in her remarks.
Upcoming and much anticipated guidance on compliance with the Uyghur Forced Labor Prevention Act (UFLPA) could very well be less detailed than the trade community would like, so importers should treat it like “gravy” and focus on starting now on due diligence efforts in preparation for the new law’s effective date in June, customs lawyer Richard Mojica of Miller & Chevalier said.
Two companies that arrange for the shipment of goods with vessel operating carriers, Shine Shipping and Shine International (Shine), will no longer be able to import, export, transport, offer for sale, sell or assist any such activity, for any goods bearing Nike trademarks, the U.S. District Court for the Southern District of New York said. Wrapping up a trademark infringement case, the district court released the terms of the stipulated permanent injunction and final order against Shine, including orders to verify every shipment to the U.S. with either the foreign shipper, importer or foreign freight forwarder (Nike v. B&H Customs Services, S.D.N.Y. #20-01214).
A Mexican union and a U.S. nonprofit have jointly filed a rapid response complaint against Panasonic Automotive's plant in Reynosa, Mexico. The Sindicato Nacional Independiente de Trabajadores de Industrias y de Servicios "Movimiento 20/32" (SNITIS) says more than 600 workers at the plant asked for SNITIS to be their new union, but the company is collaborating with a Confederación de Trabajadores de México (CTM) union. According to the complaint, there are about 2,000 workers at the plant, who make audio systems and screens for automobiles that are exported to the U.S. and to other markets.
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CBP recently added a frequently asked questions page to its website on electronic signatures on customs broker powers of attorney (POAs), indicating that it's up to brokers and their clients to determine whether electronic signatures are allowed under the relevant state law, and noting that parties may include a choice of law clause to ensure an electronic signature is legal.
Inaccurate invoices, charges for cargo that sits around because the ship left early, demurrage charges that start before the container reaches the terminal, charges for not retuning empty equipment when no appointments were available -- importers and brokers have many complaints about the detention and demurrage billing practices, and are telling the Federal Maritime Commission that they hope it standardizes how ocean carriers and marine terminals bill, and puts guardrails around their practices.