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Newsletter June 2002

WILL THERE BE A LABOR DISRUPTION OR WON'T THERE?

On July 1st, the current longshore labor contract expires. In view of the fact that no new contract has yet been signed, the question on everyone's mind is what is going to happen? Will there be a slowdown? a strike? a lock-out? Truthfully, no one knows right now but it certainly seems a bit of brinkmanship is being employed by both sides. What we do know is the week of July 4th has traditionally been one where the flow of cargo just about stops.

One reason, of course, is the Independence Day holiday. A further slowdown comes as longshore workers remember a long-ago strike and commemorate the death of a few co-workers through Bloody Thursday, celebrated on July 5th. In short, regardless of the status of the contract negotiations, little cargo will move from Wednesday afternoon through the weekend.

The bigger concern is the "trying" of the issues in the press. While no one believes a lot of progress was made as the parties met during recent weeks, the two sides had imposed a press blackout.

The fact that self-imposed blackout was lifted is seen by many as a sign the situation is rapidly deteriorating.

The union is concerned about loss of jobs despite a PMA guaranty of jobs for all current workers. The ILWU is also claiming the PMA is trying to cut its health benefits. Given the average cost per year is $42,000 per person, it is not unreasonable for the PMA to want to curb that expense.

The PMA also wants increased productivity through the use of technology. The ILWU argues the only reason to expand the use of technology is to do away with high paying jobs. Recent figures suggest ports in other parts of the world are able to move many times more containers per hour with the implementation of minimally intrusive technology. Perhaps the concern of the ILWU is their members will have jobs but they may be less desirable? Either way, the fact that the parties continue to meet is seen as encouraging, despite no concrete progress.

For those of us waiting for the outcome, one concrete thing step can take is to write to your Member and Senator and ask him or her to urge the parties to stay at the bargaining table until they reach a resolution. The economy is hardly in a position to suffer a strike or a lock-out, much less a work slowdown.

GSP Renewal

H.R. 3009 has been approved with amendments by the House of Representatives. The bill now includes renewal of GSP for non-AGOA goods from September 30, 2001 to the end of 2002. As the Senate passed a different version of the bill, a conference committee will have to iron out the differences before the legislation is submitted to President Bush for signature.

H.R. 3009 also includes the fix demanded by the domestic textile industry, i.e., to qualify for CBTPA benefits, all fabric dyeing and finishing must take place in the U.S. Fortunately, the bill also includes the beginnings of monthly statement processing for importers and allows offsetting in Customs audits. Customs Proposes FDA 180 Day Conditional Release Period Customs has issued a Federal Register notice in which it has proposed to change its regulations so that goods subject to the FDA laws and regulations would be considered conditionally released for a period of 180 days. In other words, at any time during that 180 day period following Customs' release, the shipment could be recalled by the FDA. Failure by the importer to comply with redelivery would lead to liquidation damages being assessed by Customs at an amount equal to three times the value of the merchandise (and more in limited cases).

ACH Revised for Refunds

Customs has announced that importers may now receive refund payments through ACH. For more information, contact your customs broker.

AES Update

Census has posted a new version of the Automated Export System software to its website at www.aesdirect.gov. Look for Version 3.1 of AESPcLink.

 

 

 

 

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