TAHOCO Logistics Inc. E-News

Tips on Crossing the U.S. Border Over the Holidays

2009-12-18T11:03:00.000-08:00

(TAHOCO Logistics)

Plenty of Canadians will be crossing the land border into the U.S. this holiday season which prompted U.S. Customs and Border Protection to issue a press release offering some helpful pointers to make it a smoother process.

Here are their tips as listed in the CBP press release:

1) Travelers should familiarize themselves with the “Know Before You Go” section of the CBP website to avoid fines and penalties associated with the importation of prohibited items.

2) Travelers should prepare for the inspection process before arriving at the inspection booth. Individuals should have their approved travel documents available for the inspection and they should be prepared to declare all items acquired abroad.

3) Members of the traveling public should consult the CBP website site to monitor border wait times for various ports of entry. Information is updated hourly and is useful in planning trips and identifying periods of light use/short waits. During periods of heavy travel, border crossers may wish to consider alternative, less heavily traveled entry routes.

4) Travelers should plan to build extra time into their trips in the event they cross during periods of exceptionally heavy traffic.

5) Know the difference between goods for personal use vs. commercial use. For more details, visit www.cbp.gov/travel.

6) Do not attempt to bring fruits, meats, dairy/poultry products and firewood into the United States from Canada without first checking whether they are permitted.

7) Understand that CBP officers have the authority to conduct enforcement examinations without a warrant, ranging from a single luggage examination up to and possibly including a personal search. Even during the holiday travel season, international border crossers should continue to expect a thorough inspection process when they enter the U.S. from Canada.

For more information, please visit www.GetYouHome.gov or www.cbp.gov.

CPSC Delays Lead Testing Enforcement

2009-12-18T10:55:00.000-08:00

(The Associated Press – Jennifer C. Kerr)

Makers of toys and other children’s products won a reprieve Thursday from federal regulators trying to implement legislation Congress passed more than a year ago after a holiday season marred by scores of lead-tainted toy recalls. The Consumer Product Safety Commission voted to delay for another year – until February 2011 – the certification and independent third-party testing rules on the amount of lead allowed in children’s products. Those rules were set to kick-in last February but have been delayed twice.

Manufacturers and importers still must test their products to make sure they’re safe and meet federal limits on lead. But the commission’s decision late Thursday means they won’t have to produce compliance certificates and perform third-party testing for now, though many are already doing so at retailers’ requests.

Even so, the commission’s action was aimed at giving businesses more time to comply with the many additional requirements spelled out in the 2008 product safety law. “The extension of the stay was needed in order to give the agency more time to promulgate rules,” CPSC Chairman Inez Tenenbaum said in a statement. Read more here.

CPSC Delays Lead Testing Enforcement

2009-12-18T10:53:00.000-08:00

Senate Panel Moves to Tighten Rules on Railroad Rates

2009-12-18T10:52:00.000-08:00

(Wall Street Journal – Josh Mitchell)

A Senate committee approved legislation Thursday to impose tighter regulation of the rates that freight railroads charge shippers to transport goods, but the bill doesn’t include the tough antitrust provisions pushed by some Democrats.

The bill, backed by Senate Commerce Committee Chairman John D. Rockefeller (D., W.Va.) and approved by a voice vote, caps months of negotiations among lawmakers, shippers and freight-rail companies. It is designed to expand shippers’ access to competing railroads and make it easier for them to challenge rates before the Surface Transportation Board, the federal agency that regulates the industry.

Shippers hope that the measures will bring down prices charged by railroads to use their tracks, after years of shippers’ complaints that rail companies have too much pricing power. Read more here.

Business Groups Oppose “Buy American” in Jobs Bill

2009-12-17T14:52:00.001-08:00

(Forbes – Doug Palmer, Reuters)

U.S. business groups urged congressional leaders Wednesday to avoid a “Buy American” mandate in legislation aimed at creating jobs and helping the economy’s recovery from the worst recession since the 1930s. In a replay of a fight earlier this year over the $787 billion American Recovery and Reinvestment Act, a coalition of nearly 30 business groups warned that requiring projects funded by the jobs bill to use only American-made goods would undermine, rather than foster, U.S. job growth.

“We are very disappointed to see Congress ginning up more ‘Buy American’ rules in this jobs bill,” Bruce Josten, executive vice president of government affairs for the U.S. Chamber of Commerce, said in a statement. “They will be as counterproductive as those in the recovery act.”

The House is expected to vote soon on a jobs bill that includes $48 billion for ready-to-go construction projects… Read more here.

White House Announces New Framework for Revitalizing Manufacturing

2009-12-17T10:56:00.000-08:00

(Industry Week)

Ahead of a meeting today [Wednesday] at the White House, Ron Bloom, President Barack Obama’s senior adviser for manufacturing policy, said that the U.S. needs, “legal, tax and regulatory regimes that promote American manufacturing and do not place an undue burden on those who wish to manufacture products in America. “It is vital to have a concerted effort across the administration to support an innovative, vibrant manufacturing sector that creates and sustains good paying jobs.” […]

In response to today’s announcement, U.S. Sen. Sherrod Brown (D-OH) issued the following statement:

“While the public and private sectors are creating a demand for new industries like wind, solar, high-speed rail, and medical IT, we need to do more to ensure that we make these products in America. The Obama Administration’s framework released today is a significant step for domestic manufacturing and a departure from years of neglect that previous administrations wrought on our nation’s manufacturing sector.

“The proposals outlined in the framework can help stem the loss of jobs and create new jobs for American workers by investing in 21st century technologies. But in order to provide manufacturers with the tools they need to create jobs, we need policies that do not just stimulate consumption -- we need to stimulate production…” Read more here.

New Exporters to Border States (NEBS) Mission to Buffalo, February 17-18, 2010

2009-12-17T09:53:00.000-08:00

(Ontario Ministry of Economic Development & Trade)

You are cordially invited to participate in the next NEBS Mission to Buffalo on Wednesday, February 17 and Thursday, February 18, 2010.

NEBS is a cost-effective program ideally suited for anyone involved in export development to the U.S., whether working in a management, inside or outside sales, marketing or business development position. It offers practical, hands-on information on the fundamentals of exporting to the United States by combining expert briefings on such topics as U.S. banking, legal and tax considerations, immigration issues, U.S. customs clearance procedures, logistics and regulatory requirements. The mission also includes site visits to a U.S. customs border entry point and warehousing facility.

If your company has been in business for at least one year and has a manufacturing or service base in Ontario, and you are interested in obtaining additional information on this program, please complete the attached form and fax it to the fax number provided.

British Forwarders Slam 100% Scanning

2009-12-16T20:24:00.000-08:00

(Journal of Commerce Online – R.G.Edmonson)

Group calls for risk assessed, practical, feasible approach

An official of the British International Freight Association says the United States should scrap its 100% scanning program and adopt a “risk assessed, commercially practical and technologically feasible” approach to container security.

BIFA Director John O’Connell said the Department of Homeland Security had underestimated the enormity of scanning all containers, not to mention the costs to governments and the limitations of the available technology. Read more here.

CBP: New Ruling Excludes Certain Commission Payments from Dutiable Value

2009-12-15T22:02:00.000-08:00

(World Trade Interactive)

U.S. Customs and Border Protection has announced that as of Feb. 8, 2010, it is revoking ruling HQ H006588 on whether certain commission payments are included in the appraised value of imported merchandise under 19 USC 1401a. CBP states that since its decision to revoke is based on the specific facts of the particular matter at hand, it is not revoking or modifying any other rulings or any treatment.

In ruling HQ H006588, CBP determined that the importer did not meet its burden of establishing that payments made to a purported buying agent abroad constituted bona fide buying commissions because there was insufficient documentary evidence to establish the existence of a bona fide buying agency relationship. Consequently, the payments made to the alleged buying agent were included in transaction value as an addition to the price actually paid or payable.

CBP has since reconsidered its position in light of additional information that was made available regarding the control exercised by the importer/principal over the purported agent. The importer has also revised the buying agency agreement and a joint venture agreement relative to this matter. In light of this additional information, CBP considers that the particular payments at issue constitute bona fide buying commissions. As such, they are not included in transaction value as part of the price actually paid or payable or as an addition thereto and are not dutiable. CBP is therefore issuing ruling HQ H022168 to revoke HQ H006588.

Republicans Press Obama on Stalled Trade Deals

2009-12-14T22:04:00.000-08:00

(Industry Week – Agence France-Presse)

The accords could generate jobs, say supporters of free-trade deals with Colombia, Panama and South Korea

A group of U.S. President Barack Obama’s sharpest congressional critics urged him in a letter released Friday to revive stalled free trade pacts with Colombia, Panama, and South Korea in early 2010.

The accords, which have languished amid stiff opposition from Democrats and their labor-union allies, could generate jobs at a time when the U.S. unemployment rate is at a quarter-century high, the Republican lawmakers wrote.

“In the interest of supporting American job creation, we ask that you jump-start the implementation process through your leadership,” said the group, led by Republican House Minority Leader John Boehner.

The lawmakers called on Obama to promote the accords in his annual State of the Union speech – typically in late January – and pledged “to work steadfastly with you to implement each of these agreements as close to the start of next year as possible.” Read more here.

Updated Informed Compliance Publication on IPR Enforcement

2009-12-11T08:43:00.000-08:00

(World Trade Interactive)

U.S. Customs and Border Protection has made available on its website an updated informed compliance publication on CBP’s enforcement of intellectual property rights. This publication includes sections on the counterfeit and “confusingly similar” use of trademarks, parallel imports, Lever rule protection, copyright infringement, exclusion orders, criminal enforcement, IPR recordation, disclosure of information, penalties, and importer remedies following seizure.

New DHS Center to Ensure Safety of Imported Goods

2009-12-10T08:51:00.000-08:00

(World Trade Interactive)

The Department of Homeland Security announced December 8 the creation of the Import Safety Commercial Targeting and Analysis Center, a new U.S. Customs and Border Protection facility designed to streamline and enhance federal efforts to address import safety issues.

The CTAC will combine the resources and manpower of CBP and other government agencies – including U.S. Immigration and Customs Enforcement, the Consumer Product Safety Commission, the Food and Drug Administration and the Food Safety Inspection Service – to protect the U.S. public from unsafe imported products by improving communication and information-sharing and reducing redundant inspection activities.

The new facility will be headed by and located adjacent to CBP’s Office of International Trade in Washington, D.C. Approximately 30 personnel representing all of the participating agencies will work at the CTAC. Find out more about the CTAC here.

Lawmakers Urge Buy American Mandate in Jobs Bill

2009-12-10T08:48:00.000-08:00

(Reuters – Doug Palmer)

A proposed bill to help create new U.S. jobs should include strong “Buy American” provisions, even though that may be viewed as a protectionist move, two lawmakers said on Tuesday.

“If we are going to pass a strong job creation bill then it only makes sense to include strong Buy American provisions to further ensure that the jobs ... are created within the United States,” lawmakers Bruce Braley and Mike Michaud said in a letter to House of Representatives leaders. The lawmakers are the heads of two separates caucuses in the House aimed at keeping jobs in the United States.

Congress is mulling spending from $75 billion to $200 billion on projects to help put workers back on the job and bring the U.S. unemployment rate down from 10%. Read more here.

Ahern Promises Phased ‘10+2’ Enforcement

2009-12-10T08:45:00.000-08:00

(CSCB – American Shipper)

The following is excerpted from the 9 December 2009 edition of “American Shipper”

U.S. Customs and Border Protection will not use a heavy hand to enforce the Importer Security Filing when the agency lifts its moratorium on issuing penalties for the advance commercial data requirements early next year, Acting Commissioner Jayson Ahern assured more than 800 import-export professionals on Tuesday.

The rule went into effect on January 26 and CBP gave importers and their logistics service providers a year to adapt their systems and processes before beginning enforcement measures.

Under ISF, importers must electronically submit 10 types of information identifying partners and locations responsible for moving a shipment via an ocean container from an overseas manufacturing site to a U.S. receiver – and do so 24 hours prior to vessel loading. Ocean carriers are to provide two sets of data related to their handling of the container.

The import community has faced enormous challenges preparing for the “10+2” rule, most notably tracing back the information to various suppliers, investing in systems to collect the data earlier than ever before and transmitting it to CBP through an approved information pipeline. Read more here.

Four-Year Delay Seen for New Detroit Bridge

2009-12-07T08:56:00.000-08:00

(Journal of Commerce – Courtney Tower)

Canada approves environmental study but lawsuits delay cross-border span

Canada last week achieved a critical milestone toward building the $3 billion Detroit River International Crossing. But the final opening still faces at least four years of delay by the most hopeful calculation from 2013 to 2017.

Canadian authorities gave their final approval in an exhaustive environmental process which has lasted several years since federal and local governments decided to build a new bridge two miles upriver from the 80-year-old Ambassador Bridge. The same U.S. process ended in approval early this year. The two environmental approvals would normally allow the project to go ahead.

Even four extra years can become more if there are further delays from a huge tangle of lawsuits in U.S. courts or from renewed opposition in the Michigan legislature, where the private owner of the venerable Ambassador Bridge, Manual Moroun, has several supporters. Moroun wants to build his own new span and stop the public DRIC. Read more here.

U.S. Customs Extends Drawback Comment Period

2009-12-04T09:56:00.000-08:00

(Journal of Commerce Online – R.G.Edmonson)

Proposed change would eliminate drawback on goods subject to excise taxes

Exporters and other interested parties have an additional month to tell Customs and Border Protection what they think about a controversial change in drawback regulations. The agency on Wednesday extended the comment period past the original deadline of December 14 to January 12, 2010, on a proposed rule change that would keep importers from claiming drawback on goods subject to U.S. excise taxes.

Companies have been able to recover 99% of the excise taxes they pay on imported goods if they export “commercially interchangeable” products. It’s widely used in the alcohol, tobacco and petroleum industries. Read more here.

Bureaucratic Drift: CBP, GSA and Ports of Entry

2009-12-04T09:49:00.000-08:00

(Federal News Radio – Lurita Doan)

Federal agencies often share missions as a way to tap expertise, share responsibility and costs, usually for the good of the country. Land ports of entry, at the Canadian and Mexican borders of the United States, are a shared mission. Unfortunately, border crossing points have become victims of bureaucratic drift that hampers the free flow of legitimate trade and travel and does little to advance the agenda of President Obama and Congress.

With a few exceptions, land ports of entry are federally owned buildings. The U.S. General Services Administration (GSA) is the nation's landlord and builds and manages most of the federal government's buildings and courthouses. At the border, GSA is responsible for building, leasing and maintaining the facilities, while U.S. Customs and Border Protection (CBP) provides security and inspection of both people and goods. Even the Departments of Commerce and State have responsibilities at the borders.

Also, unbeknownst to many Americans, state and local law enforcement use these border facilities in executing their missions. Our borders work best when these federal, state and local entities work together and when there is mutual respect for the responsibilities and the importance of each mission.

GSA isn't always efficient in executing its mission, and, often allows bureaucratic wrangling and inter-agency finger pointing that is counterproductive to accomplishing its mission priorities.
CBP is an organization, fighting for survival in the bureaucratic jungle that is DHS – an agency still undergoing growing pains since its inception in 2003. The 22 entities combined to form DHS still spend enormous amounts of time and taxpayer dollars fighting century-old turf wars. Read more here.

Deal Close on ‘Buy USA — With Strings

2009-12-04T09:48:00.000-08:00

(Toronto Star)

There has been a breakthrough in talks between Ottawa and Washington aimed at resolving a dispute over a protectionist U.S. policy known as Buy America, according to a source close to the negotiations.

A tentative deal is ready to go to the desks of Prime Minister Stephen Harper and President Barack Obama, the source said, but both could still face significant political obstacles in winning support for the deal. […]

The compromise would for the first time guarantee that U.S. manufacturers could bid on supply contracts being awarded by provincial and municipal governments in Canada, the source said. Read more here.

DRIC Bridge Hurdle Cleared

2009-12-03T09:58:00.000-08:00

(Video: Michigan DOT • Story: Chris Vander Doelen — Windsor Star)

The last major legal hurdle in the way of a new $5 billion publicly owned bridge over the Detroit River has been cleared, removing one of the last barriers to the start of one of the largest construction projects in Canadian history.

Transport Canada will announce today that it has won full approval for the wide-ranging Environmental Assessment it has prepared for the Detroit River International Bridge project.

Years in the making, the approval is to be announced this morning, a reliable federal source confirmed to me Wednesday afternoon. Read more here.

The U.S. Needs a New Deal on Trade with More Opportunities for American Exports – Gary Locke

2009-12-01T10:09:00.000-08:00

(Seattle Times – Gary Locke)

For weeks before the 1999 World Trade Organization Ministerial meeting in Seattle, state and local authorities had known that peaceful protests were being planned around the Washington State Convention & Trade Center. But as I drove through downtown on the night of November 29 and saw waves of people returning from a rally waving placards, I got a sinking feeling that the anti-trade sentiment was stronger than people had anticipated. ...events of that day still resonate 10 years later – because the profound questions and concerns that many Americans still have about trade and globalization have not been fully answered. […]

The Obama administration is working to build a new consensus on trade, one that can create widespread prosperity for everyone. While in Asia recently, President Obama pledged that the U.S. would engage in the Trans-Pacific Strategic Economic Partnership Agreement, which would draw us closer to Asia – a bloc of countries that buys 26% of U.S. exports – while setting a high bar for human rights, environmental protection and labor that could serve as a model for future trade agreements.

Meanwhile, the Commerce Department, which I have the honor to lead, is significantly expanding our export-promotion efforts around the world to ensure that U.S. businesses – especially the small and medium-size enterprises that account for more than half of all new jobs – have fair and frequent access to foreign markets. I'm confident that the steps we're taking will help make the benefits of trade more immediately apparent to all Americans – and that is vitally important.

I understand the frustration we saw in Seattle 10 years ago, and in these difficult economic times, we're seeing similar emotions from people who feel like the American economy just doesn't work for them and their families anymore.

That's got to change. Under the leadership of this administration, it will.

Read the complete editorial here.

U.S., Canada Boost Security Ties

2009-11-25T10:01:00.000-08:00

(AFP)

U.S. and Canadian safety chiefs vowed Tuesday to jointly combat organized crime and violent extremism in a bid to boost legal travel and trade across their shared border.

“Close cooperation and coordination between the United States and Canada is critical to the national and economic security of both nations,” US Homeland Security Secretary Janet Napolitano said in a statement. Napolitano said she and her Canadian counterpart, Public Safety Minister Peter Van Loan, were “committed to working together to combat transnational threats and facilitate lawful travel and trade on both sides of the border.”

The pair met in Washington for the second of their formal biannual meetings, on the heels of three other rounds of talks this year. In an effort to bolster trade and security, they agreed to streamline and harmonize border shipping, create new guidelines for maritime emergency cooperation, enhance efforts against human trafficking and increase cooperation to protect infrastructure and counter violent extremists. Read more here.

Changes in Processing U.S. Meat Shipments at the Border

2009-11-16T10:14:00.000-08:00

(CBSA)

Memorandum to Importers/Brokers/Carriers/Inspection Facility Operators/Associations

Subject: Discontinuation of the practice of advance notification of inspection of U.S. meat imports.

The following is to inform you that as of January 4, 2010, the Canadian Food Inspection Agency (CFIA) will discontinue the practice of providing advance notification of inspection of US meat imports. This change in procedure is in line with the Government of Canada Food Safety Action Plan. Canada has full confidence in the safety of food imported from the USA. This change will make Canada’s food safety system stronger and will move Canada a step closer to full harmonization with US meat import controls

All meat shipments from the USA are inspected and certified by U.S. Department of Agriculture (USDA) authorities prior to exportation to Canada. Importers/Brokers can submit their import requests to the CFIA Import Service Centres (ISC) for documentation review up to 72 hours in advance of the actual shipment arrival. This procedure will continue to apply.

Starting January 4, 2010, when a meat shipment is presented for electronic release, the CFIA Import Service Centre (ISC) will transmit a message to the Canada Border Services Agency (CBSA) indicating if the shipment has been selected for an inland CFIA inspection. If the shipment is identified as a “skip lot” it will be allowed to proceed to its manifested destination.

It should be noted that ALL meat shipments that are presented on a paper release will be directed to report to a CFIA approved facility inland for inspection.

If an inland CFIA inspection is required, the CBSA Border Services Officer (BSO) at the Primary Inspection Line (PIL) will affix a special CFIA stamp (similar to the attached specimen) on the import documentation which will serve as notice to the Carrier to report inland for CFIA inspection.

As all US meat shipments must be released by the CBSA at the border, the BSO will continue to stamp the import documents with a customs release stamp.

The onus will be on Importers/Brokers to ensure that their Carriers are aware of this new procedure and that they know where to report in the event that their shipment has been selected for CFIA inspection. The Importers/Brokers are to provide the Carriers with the location and directions to the meat inspection facility that has been pre-selected by the importer prior to crossing the border.

Should you have questions regarding these new procedures, contact a CFIA Import Service Centre

Canadians Cry Foul as Buy American Policy Hits Home

2009-11-14T10:10:00.000-08:00

(Toronto Star)

U.S. firms do thriving business in Canada as Obama policy shuts us out, owners say

As the poster boy for Buy American, steel industry executive Dan DiMicco is a leader in the campaign that is keeping Canadian companies from bidding on highly valuable urban renewal projects south of the border. But his North Carolina-based corporate giant continues to sell millions of dollars of structural steel in Canada every year with no problem.

The advantage enjoyed by Nucor Corp. and other huge U.S. companies has Canadian manufacturers up in arms, saying they are being barred from bidding on contracts in the U.S. even as American companies with free access to the Canadian market are beating them out for business here at home.

Their complaints have grown all the more urgent as efforts by Prime Minister Stephen Harper’s government to win an exemption for Canadian firms from Buy American in the U.S. have bogged down at the negotiating table.

John Hayward, who runs an industrial equipment plant in Halton Hills, said U.S. President Barack Obama talks about the importance of free trade “but the actions just aren’t matching up with the words. Read more here.

Report Urges CBP Improvements in Detecting Biological, Chemical Threats in Cargo Containers

2009-11-05T19:57:00.000-08:00

(World Trade Interactive)

A recent report from the Department of Homeland Security’s Office of Inspector General makes several recommendations on how U.S. Customs and Border Protection can improve its ability to detect biological and chemical threats in maritime cargo containers. Biological threats, such as weaponized anthrax, smallpox and foot-and-mouth disease, are disease-causing viruses or bacteria that can kill or cause harm to individuals or agricultural resources. Chemical threats, such as sarin and mustard gas, harm individuals or groups of people through exposure to toxic chemical substances.

The report states that CBP has taken steps to mitigate the threat of nuclear and radiological weapons in maritime cargo containers but could do more to mitigate the threats posed by biological and chemical weapons. CBP officials told OIG that new devices are currently being developed and tested that could help officers rapidly detect and identify biological and chemical threats during cargo inspections, but the report points out that the agency has not yet conducted a formal risk assessment to determine which pathways pose the highest risk of biological and chemical weapons entering the U.S. and whether deploying new resources in the maritime cargo environment will therefore provide the most benefit. OIG recommended that CBP conduct or commission such an assessment, but CBP expressed a belief that it will be well-positioned to identify the highest risk pathways as a result of its participation in two DHS initiatives that are expected to be completed by August 31, 2010. Read more here.

Nations Call for China Trade Probe

2009-11-04T06:29:00.000-08:00

(UK Press Association)

The U.S., the European Union and Mexico have called on the World Trade Organisation to probe Chinese curbs on raw material exports that they say break global trade rules.

In separate statements, U.S. and EU trade representatives said Chinese quotas on exports of key minerals such as bauxite, coke, magnesium, manganese, silicon metal and zinc and export charges on several raw materials distort competition and increase global prices.EU Trade Commissioner Catherine Ashton said these were “making conditions for our companies even more difficult in this economic climate.” Read more here.