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News / Regulatory Updates

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CBP To Increase ISF Enforcement: Ports To Issue Claims For Liquidated Damages

CBP issued CSMS #16-000499 on June 17, 2016 announcing that (a) Local Customs Ports will now issue Liquidated Damage claims without Headquarters’ review; (b) no longer will Ports issue three warnings before initiating Liquidated Damage claims (i.e. the “three strikes” policy); and, (c) Ports may hold cargo instead of (or in addition to) initiating Liquidated Damage claims.

The maximum liability for ISF filings is $10,000 in liquidated damages. However, CBP will normally assess a liquidated damages penalty of $5,000 per violation for most ISF violations (except for missing ISF’s). The guidelines also state that CBP will consider the presence of mitigating and aggravating factors when determining the final liquidated damages or penalties. Mitigating factors include: evidence of progress in implementing ISF requirements, a small number of violations compared to the number of shipments, Tier 2 or Tier 3 C-TPAT status, and demonstrated remedial action to prevent future violations. Aggravating factors include: lack of cooperation with CBP, evidence of smuggling, multiple errors on the ISF, and a rising error rate. Source: THE INTERNATIONAL LAWYER, Vol 44, No 1 (Spring 2010)


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Regulatory Compliance Updates – April 2016

SOLAS

The International Maritime Organization (IMO) amended the Safety of Life at Sea (SOLAS) Convention to require shippers to provide the Verified Gross Mass (“VGM”) of containers carrying cargo before those containers can be loaded aboard a vessel.  Without a VGM, the amendments also prohibit the vessel operator from loading a packed container.  The SOLAS amendments are effective July 1, 2016; are not expected to be postponed; and, are globally binding – all Countries party to the convention have undertaken to implement amendments.  There is no exception to this requirement.  If the acceptable VGM documentation is not timely provided by the shipper, that container will not be loaded on board the vessel.  As your NVOCC or Freight Forwarder, MIQ will require from your or your supplier the following data:

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MIQ Supply Chain Alert

New Container Weight Verification Mandate

The International Maritime Organization (IMO) amended the Safety of Life at Sea (SOLAS) Convention in November, 2014 to require shippers to verify container weights.  These amendments were brought about by accidents resulting from overweight containers – both on the road and at sea – as well as studies showing that an unacceptably large percentage of significantly overweight containers are tendered to carriers.  SOLAS is globally binding; all Countries that are party to the convention have undertaken to implement amendments.

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MIQ Supply Chain Alert

Driver Coercion Rule To Take Effect Jan 29th

On Nov 29th, the U.S. Department of Transportion’s Federal Motor Carrier Safety Administration (FMCSA) officially published the Final Rule in the Federal Register pertaining to Prohibiting Coercion of Commercial Motor Vehicle Drivers; referred to as the “driver coercion rule”.

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Trade Facilitation and Trade Enforcement Act of 2015

On December 9, 2015 Congress reached a final agreement on H.R. 644, the “Trade Facilitation and Trade Enforcement Act of 2015.”  The bipartisan, bicameral trade legislation authorizes U.S. Customs and Border Protection and puts in place effective tools to: (a) strengthen trade enforcement at the border; and, (b) facilitate the efficient movement of legitimate trade and travel. The Bill now will go to the President for signature.

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Congressional Vote on Trans-Pacific Partnership (TPP) May Be 2016

The U.S. and its 11 negotiating partners – Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam – reached preliminary agreement on October 5, 2015, on the Trans-Pacific Partnership (TPP), which would result in the world’s largest free-trade area, with a combined GDP of $27 trillion, equaling almost 40 percent of the global economy.

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Bill Could Be First Step to Younger Truck Drivers

Truckinginfo.com

A Senate bill would instruct the Federal Motor Carrier Safety Administration to conduct a pilot study of lowering the age at which Class A CDL holders can drive trucks across state lines.

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MIQ Supply Chain Alert

PRESIDENT GETTING CLOSER TO “FAST-TRACK” AUTHORITY

Over the last few weeks there have been two separate trade related bills making headlines.
Both the Trade Promotion Authority (TPA) and the Trade Adjustment Assistance (TAA) have the potential to help American workers. Understanding the purpose of each bill, and where the bill is at in Congress, can become a bit complicated. To help sift through the acronyms and related details, we have provided you a definition of each bill, as well as where the bill stands in the legislative approval process currently.

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House passes bill with section on restart provision

TheTrucker.com

The House of Representatives by a narrow margin has passed and sent to the Senate the controversial FY2016 Department of Transportation and Housing and Urban Development appropriations bill that President Barack Obama said he would veto if it reached his desk without major changes, including three involving the trucking industry.

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America Trade Programs FAQ

Question: What is TPA?

Answer: Trade Promotion Authority—or TPA—is a partnership between Congress and the administration that helps secure the most effective trade agreements possible. It has three main components: a list of congressionally-prescribed negotiating objectives that sets priorities for the administration to follow; robust consultation and transparency requirements that give Congress adequate oversight of negotiations and give the public a full understanding of what an agreement would mean; and a streamlined procedure to vote on a trade agreement if the administration meets its TPA obligations.

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