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Federal Maritime Supply Chain Innovation Teams Report Published

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This Week the Federal Maritime commission published its final report on the Commission’s Supply Chain Innovation Initiative. This report summarizes the work of the six Supply Chain Innovation Teams led by Commissioner Rebecca Dye over the last 18 months.  Gemini Shippers Group was proud to have been chosen to be one of the distinguished organisations picked to participate in the initiative.  A full copy of the Innovation teams report can be read  here.

A copy of the Press Release summarizing the findings is noted below.

Supply Chain Innovation Teams Report Published

The American economy relies upon an international supply chain that can be made more efficient and resilient through private sector initiatives such as the creation of a National Seaport Information Portal.
This is one of the key recommendations that Commissioner Rebecca Dye highlighted in a report published today by the Federal Maritime Commission. The Final Report on the Commission’s Supply Chain Innovation Initiative summarizes the work of the six Supply Chain Innovation Teams she has led over the past 18 months.
The Innovation Teams were tasked with identifying commercial solutions to increase American international supply chain performance.
“We undertook this project to increase the reliability and resilience of the American freight delivery system. If we can harmonize the behavior of the actors in our supply chain and stop working at cross purposes, it will boost American economic growth and competitiveness,” said Commissioner Dye.
The initiative was unique in several respects, beginning with candid discussions in small teams of industry experts. The small teams model, adopted for both import and export supply chain discussions, encouraged participants to actively engage with each other, rather than reciting talking points.
“Our overall commercial supply chain is a complex, dynamic ecosystem, and the systemic interactions within the system make it difficult to develop solutions in isolation from each other. We need to look beyond the dock and the terminal gate, and ‘step out of our enterprise silos’ to identify solutions to supply chain challenges.”
Commissioner Dye identified several major systemic challenges in her report. “The lack of direct customer relationships between actors in the commercial supply chain system (such as shippers and marine terminals) impedes problem-solving. Where direct customer relationships exist between supply chain actors, there is a commercial vehicle to adapt supply chain behavior.”
Dye also pointed out that the lack of mutual commitment or “skin-in-the-game” is an impediment to realizing the full potential from customer relationships that do exist in the commercial system, for example, in service contracting and export container availability. “One of our Export Teams recommended a ‘premium customer’ option that would solve the dual problems of export container availability and carrier booking integrity by increasing mutual customer commitments of carriers and exporters.”
But Dye said the “Value Proposition” for increasing supply chain performance is providing visibility of critical information throughout the commercial supply chain. “Without critical, timely information, supply chain actors are ‘flying blind.’ Access to the right information will promote behavior ‘self-correction’ and ‘harmonize’ the supply chain.” In this regard, the Teams all supported the concept of a National Seaport Information Portal.

U.S. Federal Maritime Commission (FMC) has issued a proposed rulemaking that “expands flexibility and deregulates” Non-Vessel-Operating Common Carrier Service Arrangements (NSAs) and Negotiated Rate Arrangements (NRAs).

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The Federal Maritime Commision has issues a proposed rule making to ammend NVOCC  NSA and NRA agreements.
The most significant changes in the FMC’s proposed rulemaking include ending the requirement for NSAs to be filed with the commission, allowing NVOs and shippers to amend NRAs, and permit the act of booking cargo as acceptance of a rate under the NRA terms.

The deadline for filing comments with the agency related to the latest proposed rulemaking is Jan. 29, 2018.

‘‘U.S. OUTDOOR Act’’ H.R. 3645

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Gemini Shippers Group joins industry supporters to urge congressional approval of the proposed H. R. 3645.  This bill aims to eliminate duties on imports of recreational performance outerwear.

The Harmonized Tariff Schedule items addressed in this bill include:

6201.91.03 .6203.41.03 . 6204.69.02 . 6201.91.05 . 6203.41.06 . 6204.69.03  . 6201.92.05 . 6203.41.08 . 6204.69.04  . 6201.92.17 . 6203.42.05 . 6204.69.05 . 6201.92.19 . 6203.42.07 . 6204.69.06 . 6201.93.15 . 6203.43.03 . 6210.40.15 6201.93.18 . 6203.43.05 . 6210.40.25 6201.93.45 . 6203.43.09 . 6210.40.28 6201.93.47 . 6203.43.11 . 6210.40.29  . 6201.93.49 . 6203.43.13 . 6210.50.03 6201.99.15 . 6203.49.01  6210.50.05 . 6202.91.03 . 6203.49.05 . 6210.50.12 6202.91.15 . 6203.49.09 . 6210.50.22  . 6202.92.03 . 6204.61.05 . 6211.32.50 6202.92.05 . 6204.61.15 . 6211.33.50 6202.92.12 . 6204.62.05 . 6211.39.03 6202.93.01 . 6204.62.15 . 6211.39.07 6202.93.03 . 6204.63.02 . 6211.39.15 6202.93.05 . 6204.63.03 . 6211.42.05 6202.93.07 . 6204.63.08 . 6211.43.05 6202.93.09 . 6204.63.09 . 6211.49.03 6202.99.15 . 6204.63.11 . 6211.49.15 6203.41.01 . 6204.69.01 . 6211.49.25

A full text of the bill can be found at HR3645 .

CSMS# 17-000740 – ACE Entry Summary Business Process document v8.0b update from CBP

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CBP has posted an Updated version of the ACE Entry Summary Business Process Trade Document [version 8.0b], it may be found at:

November ACE Entry Summary Business Process

 

Changes Summary

(Entry Summary Record Creation)

Section 2

Added content about Single Pay to sub section 2.2 of the “Entry Summary Record Creation” section.

 

(Warehouse Entries and Withdrawals)

Section 17

Added new a sub-section, 17.3 Other Warehouse Withdrawals, to the Warehouse Entries and Withdrawals section and made considerable updates to all the section’s previous sub-sections.

 

(ACE Reports)

Section 19

Added language to the ACE Reports section regarding the updated ACE Reports Entry Summary Data Universe, which was released on October 7th, 2017, and added numerous report related                                                                sub-sections.

(Foreign Trade Zones)

Section 22

Added a section that provides information on Foreign Trade Zone entry summary processing in ACE

 

Customs and Border Protection In-Bond Regulations Effective 11/27/171

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Customs and Border Protection In-Bond Regulations Effective 11/27/171
In 2012, CBP announced its proposal to revise the in-bond regulations in part 18, as well as other applicable parts of the CBP regulations. Please find a write up of changes and their impact

Click here for in bond change review.

Please refer questions to the Gemini team

 

FASA/Gemini fights to protect NAFTA’s cross-border Mexican trucking provisions

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Gemini Shippers Group joined with more than 100 trade associations in sending a letter to U.S. Trade Representative Robert Lighthizer urging him to maintain NAFTA’s cross-border trucking provisions in any renegotiated agreement. The letter comes in response to reports that the Trump administration was considering new restrictions against Mexican long-haul truckers

FASA/Gemini Urges Support for CPSC Chair Nominee

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On September 26, FASA/Gemini joined with 65 other organizations in urging the Senate to confirm Ann Marie Buerkle, the acting Chairman of the Consumer Product Safety Commission (CPSC), to serve as the permanent Chairman of the CPSC. On September 27, the Senate Commerce Committee voted to confirm Acting Chairman Buerkle, sending Buerkle’s nomination to the full Senate for consideration.

Gemini Urges Ports of LA/Long Beach to Revisit Proposed Clean Air Action Plan (CAAP) Update

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On September 18, FASA/Gemini joined dozens of organization from across the transportation supply chain in sending a letter to the Ports of LA/Long Beach expressing significant concerns with their proposed Clean Air Action Plan Update (CAAP). The letter cites concerns that the proposal could impose immense costs on all users of the ports, including beneficial cargo owners, without a cost-benefit analysis that it will produce the desired results.

 

 

KORUS TERMINATION NOTICE AND ACTION POSSIBLE

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  • Press reports, and Hill and Administration officials, are suggesting that the President could invoke a provision to terminate the S./South Korea free trade agreement (aka KORUS) as early as Monday.
  • President Trump is reportedly frustrated over the pace of discussions with the South Koreans pursuant to consultations that the U.S. initiated in July under Article 22.2 of the KORUS.
    • The first session of those consultations took place August 22, after which the U.S. Trade Representative (USTR) continued to express frustration that the KORUS, in its current form, does not benefit the United States and reasserted concerns over the size of the bilateral trade deficit.
    • Press reports indicate that part of the trade deficit reduction strategy involved a U.S. proposal for South Korea to immediately reduce agricultural tariffs, many of which are still subject to phase outs because of Korean agricultural sensitivities.
    • The South Koreans are reported to have instead proposed a joint study on the causes and consequences of the deficit.
  • Late last week, the White House began preparing the documents to officially notify Korea under Section 24.5 to provide a six month notice that the U.S. wishes to terminate KORUS.
    • Key Congressional leaders have been notified that this termination could be transmitted as early as Monday.
      • Numerous Senators and House members, from both parties, have voiced opposition to any plan to terminate KORUS.
    • It is unclear whether the contemplated termination is a negotiating ploy, a reflection of the President’s mounting frustration with both North and South Korea, or a manifestation of the populist anti-trade rhetoric the President has been expressing recently.
    • It is also unclear to what extent the escalating crisis in North Korea is having on the President’s tactical and strategic decision-making with respect to KORUS.
      • While conventional wisdom and the national security apparatus suggest that the North Korean nuclear crisis is precisely the wrong time to undermine relations with South Korea, signals have been emerging from the White House that the President may be moving in an opposite direction.
      • This afternoon, the President released a series of tweets relating to the North Korea crisis.
        • One tweet, which seemed to have been aimed as South Korea, noted, “South Korea is finding, as I have told them, that their talk of appeasement with North Korea will not work, they only understand one thing!”
        • A second tweet, possibly aimed at China, noted, “The United States is considering, in addition to other options, stopping all trade with any country doing business with North Korea.”
  • If the President does invoke Article 24.5, and no further action is taken, KORUS will terminate 180 days after such notice is given.
    • Article 24.5 provides an opportunity for either the U.S. or South Korea to request a delay, in whole or in part, of the termination date.
      • Presumably, although not expressly outlined in the agreement, the United States could cancel or suspend the termination request.
      • Congressional roles and actions to block such a move are unclear.
  • From our perspective, there are four principle ways in which termination could affect the industry.
    • Duty increases on U.S. imports from South Korea.
      • Without KORUS, duties on U.S. imports from South Korea would snap back to the pre KORUS normal trade relations level.
      • For the year ending June 2017, the U.S. imported about $620 million in yarns and fabrics under the KORUS, or about 28 percent of total yarns and fabrics imported under FTAs.
        • South Korea remains one of the top five sources of yarn and fabric imports, used for domestic manufacturing operations.
      • During that same period, apparel imports under the KORUS equaled about $186 million, or about 1.4 percent of total apparel imports under FTAs.
        • More than 2/3 of this trade is in synthetic apparel.
        • South Korea also ranks among the top suppliers to the U.S. market in particular product categories, such as socks.
      • Although South Korea is only the 18th largest source of footwear into the U.S. markets, U.S. imports from South Korea have increased by more than 58 percent from 2011 (the year before KORUS took effect) until 2016.
        • Data for 2017 shows continued increases in footwear.
    • Duty increases on U.S. exports to South Korea.
      • Without KORUS, duties on U.S. exports to South Korea would snap back to the pre KORUS normal trade relations level.
      • For the year ending June 2017, the U.S. exported about $308 million in textiles and apparel.
        • The U.S. exported approximately $80 million in apparel, $84 million in yarn, and $97 million in fabric to South Korea.
        • The U.S. exported approximately $38 million in footwear in 2016 to South Korea, about half of what it exported there during 2011.
    • Impact on Haiti
      • Termination of the KORUS would also have an impact on Haiti.
      • Under the Haiti HELP/HOPE trade provisions, apparel that is imported under the so-called value added provision (HTS 9820.6125 and 9820.6130) can be imported into the U.S. duty free provided a certain percentage of the export value of the garment can be attributed to Haiti, the U.S., or any one of the preference or FTA countries.
        • Since Korea is an FTA country, its inputs can be credited to this percentage.
        • For the year ending June 2017, about 50 million square meter equivalents (SME) of garments entered under these provisions about double what came in just two years ago, but still only about 16 percent of total apparel imports from Haiti.
    • Precedent
      • Although President Trump has threatened to terminate free trade agreements, including repeated threats this past week with regard to the North American Free Trade Agreement (NAFTA), he has yet to carry through with these actions.
      • The NAFTA threats have triggered a fierce debate in Washington over whether the President has the ability to act alone or whether he needs the assent of Congress.
        • Such action on KORUS, if carried out, may trigger similar political and legal challenges and could be a harbinger for NAFTA.

BAT Update

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Members,

The controversial border adjustment tax (BAT) has been discarded from ongoing tax talks.

In a statement released yesterday, the six individuals crafting the top level principles that will guide tax reform this fall announced they will not include the BAT in any tax plan moving forward.

Eliminating the BAT from the tax reform discussions was a major goal of our association and industry, and one that involved the determined effort of many of you.  Gemini Shippers Group will continue to work with our partners in Washington DC to ensure that our association fights for the benefits of our membership.

Best regards
Sara Mayes
President and CEO

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