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Law Offices of Countryman & McDaniel

THE CARGO LETTER [415]

Air & Ocean Logistics - Customs Broker News

29 Sept. 2005

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Good Thursday Morning from our Observation Deck......overlooking the officially designated "Cargo City" area and...... Runway 25-Right, at Los Angeles International Airport, voted "Best Cargo Airport in North America." Here is our industry review for September 2005. For Hurricane Katrina & Rita -- for updates - visit our Casualties Site

We are often asked whether Countryman & McDaniel, conducts training seminars. Yes, from multiple Fortune 100 companies, to smaller forwarders, to the U.S. government, to insurance companies -- for years we have conducted inovative programs for domestic & Int'l claims, Customs, security, trade compliance & post 9/11 industry business practice. McD

To help you find what you need -- FAST -- there's now a transport search engine installed at our Cargo Law.com website!

Contribute your knowledge, stories & company information.......by e-mail to The Cargo Letter.  We strive to bring you useful information which is timely & topical.  Be sure to visit our website.

Our corporate sponsor &endash;- Interpool, Inc. -- named again to Forbes "Best 200 Small Companies" List -- for the 2nd consecutive year! -- http://www.interpool.com/

Michael S. McDaniel, Editor, Countryman & McDaniel, forwarder/broker/trade consultant attorneys at LAX.

INDEX to The Cargo Letter:

OUR "A" Section: Trade, Financial & Inland News***

1. Freight Forwarder Trade Briefs ______________                            

2. The Cargo Letter Financial Page ______________                               

OUR "B" Section:  FF World Ocean News***

3. Freight Forwarder World Air Briefs ____________                         

OUR "C" Section:  FF World Ocean News***

4. FF World Ocean Briefs _____________________                                            

5. The Cargo Letter Cargo Damage Dispatches _____        

**Back By Popular Demand**

OUR "D" Section:  FF in Cyberspace***

6. The Cargo Letter "Cyber Ports of Call" _________             

OUR "E" Section:  The Forwarder/Broker World***

7. New Transport Related Legal Cases ___________            

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 Back To Main Page

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OUR "A" Section: Trade, Financial & Inland News***

***Black Market Brings Hope....... as Yves St. Laurent & Tommy Hilfiger labels may be phony, but the thousands of Hurricane Katrina victims getting knockoff items seized by federal customs officials probably don't mind. Displaced survivors in the Houston Astrodome can choose from counterfeit & abandoned clothing, toys -- even dog food. More than 100,000 items were quickly taken from warehouses and more will follow, said Dept. of Homeland Security's Customs & Border Protection division. The agency has some 1 million items stored. While the initial shipment went to Texas, officials are looking toward a wider distribution. For humans, underwear, jackets, jeans, baseball caps, T-shirts, shoes & socks. For dogs: much needed food. For children, toys. For everyone: clean sheets & blankets. American businesses lose up to US$250Bn annually from knockoffs. Federal officials seized US$138M in counterfeited goods last year, up from US$94M in 2003. Counterfeit clothing currently accounts for about 18% of seized items. Law enforcement officials have traced counterfeit clothing to supporters of terror organizations. Most counterfeit items come from China, the United Arab Emirates, Pakistan & Russia. Thanks U.S. Customs!  With all the fumbles we have seen -- you have the right idea.

 ***Moving America ...... as the U.S. Dept. of Agriculture will provide assistance to grain shippers with barge shipments stuck in the storm-damaged Port of New Orleans. Sept. 21, USDA said it's providing a "temporary incentive" to encourage the immediate movement of about 140 barges of damaged corn (more than 7 million bushels) out of New Orleans to up-river locations. "Once unloaded, the empty barges will continue up the river to load & begin moving new-crop commodities," USDA said.  USDA will also pay incentives for alternative storage of about 50 million bushels of grain to ease pressure on producers to market commodities under adverse conditions. To further reduce stress on grain shippers, USDA will provide a transportation differential to cover the costs of shifting grain shipments to other transportation modes & handling locations. In addition, the USDA will allow producers forfeiting commodities to the federal government the opportunity to buy back grain when their farm-stored loans mature at the end of Sept. & Oct.

 ***The Wake of Hurricanes Katrina & Rita ...... as federal officials issued a number of waivers & rule suspensions for trucks participating in the relief efforts. Among the waivers are:

**Because of concerns about fuel supply disruptions, the Federal Motor Carrier Safety Administration exempted drivers who haul fuel in the Southern & Eastern U.S. from federal hours-of-service regulations until Oct. 5.

**Safety regulations, including hours-of-service rules & truck size and weight limits for trucks providing "direct emergency relief" were suspended in affected states when President Bush declared a state of emergency in those states.

**The hours-of-service rules and other safety rules were also suspended in Arizona, Colorado, Georgia, North Carolina, Oregon, Tennessee, Utah, Virginia and West Virginia for carriers hauling items in support of evacuations from the storm-affected areas. The suspended rules also apply to carriers transporting people.

**The Environmental Protection Agency will not enforce rules requiring fuel distributors to verify that tank trailers had passed a tightness test. The Sept. 8 notice said the waiver would remain in effect for 45 days.

**The Internal Revenue Service said it would not issue penalties for trucks nationwide that use burn-dyed diesel until Oct. 5.

**The Transportation Security Admin. said states could issue new hazardous materials endorsements for drivers seeking to haul fuel & other relief supplies without submitting fingerprints for a check, provided the driver passed a name database check.

**Georgia suspended its motor fuel tax through the end of Sept.

**Mississippi waived its trip permit fee and other motor vehicle use fees until Sept. 30.

**New York waived "state laws & regulations that govern the transport of oversized tractor-trailers to allow federal contractors to transport mobile homes for the hurricane relief effort." 

  ***Rational Entry ...... as Robert Bonner, U.S. Customs & Border Protection commissioner, said Sept. 18 his agency plans to drop the requirement that importers who pay duties on a monthly basis under the new automated import processing system obtain a rider on their customs bond. CBP has collected US$1.3B in duties & fees since the feature was introduced in July 2004 as a part of the Automated Commercial Environment (ACE), according to CBP. In Aug. US$232M in duties & fees from 53,147 entries were paid through ACE. But overall the number of importers who are using ACE to make consolidated monthly payments is still small, representing only 9% of total duties & fees collected by the agency. CBP's decision earlier this year to drop the prerequisite that importers belong to the Customs-Trade Partnership Against Terrorism in order to be eligible for an ACE account & periodic monthly statements was also motivated by a desire to migrate more importers to the automated system. CBP officials 1st informed the trade community that the bond rider would be eliminated during a meeting of the Trade Support Network in late August, according to Lisa Gelsomino, executive VP of Avalon Risk Management, a surety firm based in Elk Grove Village, Ill.  "They don't feel they need the additional rider because it's built into the original bond," Gelsomino said.

***Federal Wood ....... as U.S. Customs & Border Protection has outlined its plan for phased-in enforcement of the Agriculture Dept.'s regulation for treatment of wood packaging materials. The rule, effective Sept. 16, requires wood packaging materials, such as pallets, crates, boxes & dunnage to be either heat treated or fumigated with methyl bromide. To certify the treatment, the materials must show an approved Int'l Plant Protection Convention logo. Unmarked wood packaging will be considered "untreated & non-compliant," CBP said. Beginning July 5, CBP will initiate full enforcement at the shipment level. CBP port directors will order the immediate export of all shipments containing untreated wood packaging, including cargo if it can not be separated.  CBP said all expenses incurred for the services of its officers involved in the separation of cargo will be charged to the importer or other related parties. Wood packaging materials & related cargo will also be exported at the importer's expense.

 ***NAFTA Panel First Overruled ..... as the U.S. lumber industry praised Aug. 22, reports that the World Trade Organization has rejected Canada's challenge to the U.S.' determination that domestic lumber producers are threatened by imports of dumped & subsidized Canadian softwood lumber. The WTO decision upholds a determination made by the U.S. Int'l Trade Commission in Nov. 2004 that Canada's management of lumber exports to the U.S. violates section 129 of the Uruguay Round Agreements Act.  "This new determination should put to rest any questions about whether duties are justified in this case," said the Washington-based Coalition for Fair Lumber Imports. "This WTO victory demonstrates that the ECC and the NAFTA panel decisions were wrong," the coalition said.

 ***NAFTA Panel Next Challenged ..... as the U.S. lumber industry is challenging the constitutionality of a dispute settlement system under the North American Free Trade Agreement. The NAFTA settlement system, also known as Chapter 19, allows bi-national panels of individuals to make binding decisions about the application of U.S. law to U.S. unfair trade findings. The U.S. lumber industry, represented by the Washington-based Coalition for Fair Lumber Imports, said the NAFTA settlement system's actions are contrary to due process & other constitutional requirements. The coalition filed a 47-page complaint with the U.S. Court of Appeals for the District of Columbia Circuit on Sept. 13.  U.S. courts ordinarily decide appeals of findings that imports are subsidized or dumped. NAFTA Chapter 19 made findings regarding Canadian & Mexican imports that can be appealed only to panels of individuals, some of whom are not U.S. citizens & none of whom is accountable within the U.S. government, the coalition said.

  ***Spirited Trade Deal ...... as on 15 Sept., the EU & the U.S. reached an agreement on wine-making practices & labeling, settling a longstanding dispute over names & regulations. Specifically, they agreed to mutually recognize "names of origin" & "semi-generic" names. The latter have been at the core of the dispute, since they raise the question of whether certain "names of origin" can be used for products not originating from the region in question. U.S. winemakers welcomed the agreement, but French & Italian wine officials will lobby for the rejection of the deal since it permits certain U.S. producers to continue using names such as Champagne. Since the EU & the U.S. are among the world's biggest wine producers, their deal may motivate other producers such as Australia, Argentina, South Africa & Chile to seek similar protection for their wines in the WTO. U.S. exports of wine worldwide have increased steadily in recent years. In 2004, global U.S. wine exports exceeded US$736M, and to the European Community over US$487M.  Total U.S. imports of wine from other countries in 2004 were nearly US$3.4Bn, and U.S. imports from the European Community exceeded US$2.3Bn. The agreement.

  ***Canker Cranker Gets Jail ...... as U.S. Customs & Border Protection reported the 1st felony conviction & imprisonment under the federal Plant Protection Act of 2000. Nagatoshi Morimoto pleaded guilty to 1 felony count of smuggling citrus cuttings from Japan to the U.S., the result of a year long investigation by CBP and the California Dept. of Food & Agriculture into Morimoto, who was convicted of smuggling 450 citrus cuttings into the U.S.  Morimoto was caught in April 2004 when CBP Officers intercepted 3 express mail shipments from Japan that were labeled as "candy & chocolates," but which contained the citrus cuttings. One of the shipments tested positive for citrus canker. According to the University of Calif. Davis Agricultural Issues Center, the potential economic impact from a citrus canker outbreak in California has been estimated to be between US$173M to US$890M. Morimoto sentenced to 1 month in prison, a US$5,000 fine, & community service.

 ***Black Market Blues ..... as the U.S. Chamber of Commerce, long a champion of anti-counterfeiting efforts & intellectual property protection, has strongly endorsed a new anti-counterfeiting bill in the Senate. The bill, S. 1699, was introduced by Sen. Arlen Specter, D-Pa., & Sen. Patrick Leahy, D-Vt. The legislation would close loopholes that allow counterfeiters to avoid prosecution & profit from illegal activities. The bill strengthens anti-counterfeiting laws by prohibiting trafficking in counterfeit labels, patches, stickers, hang tags, or medallions that are unattached to goods. In addition, it calls for mandatory forfeiture & destruction of counterfeit goods, as well as the assets to produce, package & distribute them.

***Schenker Expands In Poland ...... as the logistics services company opened a new logistics center in Pyskowice, Poland Sept. 21, with 7,000 sq. meters of terminal area with 79 transshipment docks on an 111,000 sq. meter lot. Schenker is part of the Transportation & Logistics Division of Deutsche Bahn AG, the German rail & transportation services group.

***Deutsche Post Gets Exel ....... as Europe's largest postal service & owner of DHL, a provider of package delivery & logistics services will buy Exel, a U.K. logistics company, for US$6.73Bn. Approximately 25% of the asking price will be in Deutsche Post shares. Exel board members have approved the deal.

 ***Follow The Yellow Roadway ...... as it has finalized the China-based freight forwarding venture it 1st announced in June. Under the terms of the joint venture, Yellow & China's Jin Jiang Investment each own 50% of JHJ Int'l Transportation Co. Ltd., the freight-forwarding subsidiary of JJI. Yellow said it invested US$45M to acquire its stake in JHJ.

***Goodbye High-Tech Forwarder Network ..... as the U.S.-based network of independent freight forwarders started 15 years ago, has changed its name to HTFN, adding a tag "Global Logistics Partner" in a move intended to reflect the changing capabilities of its members.

***Kuehne + Nagel Int'l + Finland ...... as the Swiss forwarding & logistics services provider has opened a logistics facility in Vantaa, Finland. The facility, located near Helsinki-Vantaa airport, provides about 6,000 pallet positions & 7,000 sq. meters of warehouse space.

***Target China ..... as Los Angeles-based Target Logistic Services said it has opened its 1st bonded warehouse in China. The new, 30,000 sq. foot consolidation facility is located in Shenzhen. The facility is a joint venture with Decoexsa, a freight forwarder in Spain.

***Union Pacific Ocean Port ..... as the railroad has opened a new US$100M, 360-acre intermodal facility near Dallas. UP said the Dallas Intermodal Terminal will increase more than 5-fold its Int'l container capacity in the Dallas-Fort Worth Metroplex. Construction of the terminal began June 2004 & was designed to handle 365,000 over-the-road trailers or ocean-going containers annually.

***3 Minute Manager? Geez!..... as law enforcement officials in New Jersey now have the power to ticket truck drivers who exceed the state's 3-minute idling law, under a new diesel-emission reduction plan signed by acting Gov. Richard Codey Sept. 7, said the New Jersey Motor Truck Assn. Previously, only officials from the state's Dept. of Environmental Protection had the authority to enforce the idling law.

***Border Fumes ...... as the U.S. & Canada have signed an agreement to reduce pollution from trucks by working together to encourage cross-border motor carriers to reduce vehicle idling, deploy smog-reducing technologies & improve driver training. Under the agreement, Canada will work to enroll Canadian truckers in the U.S. Environmental Protection Agency's Smartway Transport initiative and U.S. officials will adopt aspects of Natural Resources Canada's FleetSmart program. Smartway is a voluntary program that encourages carriers to adopt more efficient technologies & management practices to reduce diesel fuel emissions. FleetSmart specializes in driver training & education. The governments hope to save 440 million gallons of fuel & prevent release of an estimated 5 million tons of carbon dioxide per year.

***Is Your Car Chery? ....... as Visionary Vehicles has awarded Distribution & Auto Service (DAS) a contract to handle inland logistics & transportation of its imported Chinese cars to dealerships in North America. Visionary Vehicles plans to begin importing an annual volume of 250,000 vehicles made by Chery Automobile Co. in Wuhu, China from mid-2007. DAS will be responsible for receipt of the vehicles at the North American port of entry, as well as vehicle preparation, inspection, & distribution to the North American dealership network. Visionary Vehicles & Chery plan to eventually sell 2 million units in North America. The 1st 1 million units are to be manufactured at Chery's factory in Wuhu, with the next 1 million units made at a new joint Visionary Vehicles & Chery facility to be built in the U.S.  Wilmington, Calif.-based DAS was acquired in April by Wallenius Wilhelmsen & Annacis Auto Terminals from Nissan North America Inc. for an undisclosed amount. DAS has 1,200 employees & handles 1.6 million vehicles annually.

***Truckers In The Hot Zone ..... as free wireless internet access is now available free of charge at 9 visitors' centers along Interstate 94 & Interstate 29 in North Dakota. No login name, password or cost is involved. The coverage at each visitors' center includes the rest area lobbies, and the car & truck parking lots.

***Bigger Box For Big Box ..... as mass market retailer Target will build a 2-million sq.-foot import warehouse on the Savannah River near Port of Savannah. The import warehouse is being built at the Savannah River Int'l Trade Park, 4 miles from the port's Garden City Terminal. Construction is scheduled for completion in summer 2007. Target operates 41 stores in Georgia, including seven SuperTarget stores & a 1.5 million-sq. foot distribution center in Tifton. In Jan., Target said that it would build a distribution center in Midway, Ga. which is also under construction.  Minneapolis-based Target has 1,351 stores in 47 states.

***Bring What To Local Officials? ...... as fighting cocks in Thailand are to be issued with passports recording their recent health history to ensure they do not contribute to the spread of the deadly bird flu virus, a livestock official said this month. "Owners must bring their cocks to register with local officials," Yukol Limlaemthong, head of the Livestock Development Dept., told Reuters. The government has blamed chickens, which are not in commercial farming & wander freely around houses, and fighting cocks for a recent outbreak of the H5N1 virus in Suphanburi province, north of Bangkok. The virus has killed 56 people in Thailand, Vietnam & Cambodia since late 2003. Thais are crazy about cock-fighting, and prize birds can carry price tags over US$15,000. Attempts to cull fighting birds when avian influenza 1st broke out failed after owners, outraged at plans to compensate them with the price of a meagre chicken, vowed mass civil disobedience. The "passport" would feature the name of the cock's owner, as well as photos of the bird, & close-ups of its shins & head.

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  2. The Cargo Letter Financial Page _________

**Alitalia, Italy's national airline, DOWN with a net loss of US150M for the 1st 6 months of the year.

**Atlas Air Worldwide Holdings Inc. (parent company of Atlas Air & Polar Air Cargo) UP with 2nd quarter net profit of US$15.9M.

**COSCO Holdings Ltd. (parent of COSCO Container Lines) UP with net profits of US$342.7M for 1st half ended June 30, an increase of 42.3% over same period 2004.

**FedEx Corp. UP as net profit for its fiscal first quarter ended Aug. 31 rose 3 percent to US$339M from US$330M in same quarter last year.   

**UAL Corp. (parent of United Airlines) DOWN with a net loss of US$30M in August, including US$82M of reorganization expenses.   

** UTi Worldwide Inc. UP as net income grew 38% to US$22.3M compared with US$16.2M for the prior-year 2nd quarter. 

  ***Yellow Roadway Corp. Buy Back ..... as the board of directors has approved a stock repurchase program that authorizes repurchase up to US$50M of its common stock. Overland Park, Kan. based Yellow Roadway has more than 70,000 employees. Subsidiaries include Yellow Transportation, Roadway Express, Reimer Express, USF, New Penn Motor Express & Meridian IQ.   

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OUR "B" Section: FF World Air News***

  3. Freight Forwarder World Air Briefs ____

***Delta Air Lines & Northwest Airlines Bankrupt ...... as both filed voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code on Sept. 14.  "We had developed a plan to restructure Northwest outside of Chapter 11 and have been implementing that plan," said Doug Steenland, Northwest's president & CEO. "Unfortunately, in addition to an uncompetitive cost structure, our efforts have been overtaken by skyrocketing fuel costs. We can no longer continue to incur sizable losses & reductions in liquidity as we attempt to complete implementation of the plan," Steenland added. Northwest said its unrestricted cash and short-term investments balance is US$1.5Bn. To help support its business during the Chapter 11 proceedings, Delta said it has obtained a commitment for US$1.7Bn in debtor-in-possession financing from GE Commercial Finance & Morgan Stanley.

***United Plan ...... as the Chicago-based UAL Corp. filed a plan of reorganization (POR) and disclosure statement with the U.S. Bankruptcy Court for the Northern District of Illinois on Sept. 7. The reorganization plan includes UAL, United Airlines & 26 other subsidiaries that filed for voluntary Chapter 11 reorganization in Dec. 2002. Unsecured creditors generally will receive distributions of new UAL common stock to settle their claims, while current holders of UAL common stock, preferred stock & the 13.25% Trust Originated Preferred Securities would receive no distribution, and those securities would be canceled upon the effective date of the plan. UAL expects its common stock to be without value under the plan. The filing also contemplates a US$2.5Bn, all-debt exit financing package.

***Fuelishness ....... as the Int'l Air Transport Assn. (IATA) said that "skyrocketing oil prices" have forced it to revise its forecast for losses in the aviation industry for 2005 to US$7.4Bn. The revised forecast is based on an average oil price (over the 12 months of 2005) of US$57 per barrel. In May, Geneva-based IATA issued a loss forecast of US$6Bn based on an average price of oil at US$47 per barrel.  IATA also highlighted that airline industry losses have been sharpest amongst North American carriers, who posted US$32Bn of the US$36Bn global industry loss between 2001 & 2004. For this year, IATA said losses by North American airlines could exceed US$8Bn, while European airlines are expected to break even & Asia Pacific carriers are forecasting profits in the range of US$1Bn.

***Volume Down ..... as total air cargo shipments dropped 1.7% in July compared with a year earlier, with domestic shipments falling by 5%, said the Air Transport Assn. While domestic shipments fell, Int'l air cargo shipments rose by 1.5%. The combined 1.7% decline followed a 2.4% increase in June. July domestic revenue ton-miles fell to 962,434, while Int'l cargo shipments rose to 1.08 million RTMs..

***Big Easy Express Comeback ..... as 3 weeks after Hurricane Katrina struck the U.S. Gulf Coast, UPS & DHL, resumed operations Sept. 19 in the devastated region. UPS has reopened 21 of 22 buildings in the central business district & sections of the French Quarter in New Orleans, La. For sections of the city where it is still impossible to make regular deliveries, UPS has established a "hold for pickup" site in the Metairie suburb. UPS has also restored delivery service to every ZIP code in Mississippi & Alabama. DHL has opened express stations in New Orleans & in Covington, La. DHL has also begun a new daily air express service into New Orleans' Louis Armstrong Int'l Airport, using a DC-9 jet with a payload capacity over 30,000 pounds.

***Giant China Wings ...... as Boeing has forecast that china will require about 2,600 new aircraft worth US$213Bn over the next 20 years, making it the largest market outside the U.S. for new airplanes. The Seattle-based aircraft manufacturer said that China's fleet will nearly quadruple to more than 3,200 airplanes by the end of 2024. Worldwide, Boeing projects that operators will invest US$2.1 trillion for approximately 25,700 new commercial airplanes during the next 20 years.

***U.S. & Thailand Skies Open ..... as they have reached agreement on a comprehensive open skies framework to expand and liberalize their bilateral civil aviation relations. The agreement was reached in Washington early Sept. 9 after talks between a Thai delegation & a U.S. delegation, chaired by State's Bureau of Economic & Business Affairs that included officials and representatives of U.S. airlines & airports. The U.S. has concluded open skies agreements with more than 70 countries & territories.

***Skies More Open ..... as the U.S. & Mexico agreed Sept. 21 to expanded aviation services between the countries. The previous bilateral aviation agreement dated back to 1999. Under the new agreement, 3 airlines from each country may fly between any U.S. city & any of 14 Mexican cities: Acapulco, Cancun, Cozumel, Guadalajara, Huatulco, Ixtapa-Zihuatanejo, Loreto, Manzanillo, Mazatalan, Merida, Monterrey, Oaxaca, Puerto Vallarta & San Jose del Cabo. Previously, only 2 airlines from each country could operate on each U.S.-Mexico city-pair market. The new terms will also allow any number of scheduled all-cargo carriers to fly between the countries, and 3 all-cargo carriers to fly in each U.S.-Mexico city-pair market. The previous agreement allowed only 5 scheduled all-cargo carriers from each country, & only 1 from each country could operate between any U.S.-Mexico city pair except in a very limited number of markets. The agreement also adds a new provision for U.S. & Mexican carriers to enter into code-sharing arrangements with carriers from 3rd countries for their U.S.-Mexico services, and increases from 4 to 10 the number of U.S. & Mexican carrier codes that may be carried in each city pair. The agreement is expected to be signed shortly.

***Extra Document Keeping Delayed ..... as the U.S. Dept. of Homeland Security's Transportation Security Administration said it will delay its "proof of concept" pilot for its Freight Assessment System (FAS) for air cargo until later in 2006. The TSA had intended to roll out the FAS pilot during the 1st quarter of 2006, but was instructed by DHS that more work is needed to ensure a smooth rollout, said Rafael Ramos, a senior TSA official, at the National Customs Brokers & Forwarders Assn. of America's Government Affairs Conference in Washington Sept. 19. According to the TSA, there are about 300 air carriers, both foreign & domestic, flying in the U.S. These carriers operate about 3,000 freight stations. There are also another 3,800 indirect carriers operating from 10,000 stations around the country. The air cargo supply chain moves about 50,000 tons of cargo daily.  Another goal for developers of FAS is to use existing information filed by the air cargo industry. "The industry should not have to provide multiple pieces of information already provided to the government," Ramos said.

***Terminal Chill? ...... as crewmembers of Polar Air Cargo Friday went on strike Sept. 16, following the breakdown of negotiations between Polar's parent company Atlas Air Worldwide Holdings (AAWW) & the Air Line Pilots Assn. (ALPA) over a new collective bargaining agreement. AAWW and the ALPA had been in negotiations for an amended agreement since 2003. The parties were released from negotiations last month by the National Mediation Board into a mandated 30-day cooling off period, which has ended. AAWW said it has returned 3 aircraft on dry lease to Polar back to Atlas Air. It has also placed 2 Polar aircraft for sale or lease & is in the process of placing the remaining 7 Polar aircraft in other uses, including dry leases.

***US Airways Redux ...... as creditors have approved the airline's Chapter 11 plan of reorganization. US Airways said its creditors voted in favor by at least 90% in dollar amount & 80% in the number of votes cast. "This strong vote of confidence by our creditors adds momentum as we look to emerge from Chapter 11 & complete our merger with America West Airlines in a few weeks," said Bruce Lakefield, US Airways' president & CEO.  The merger was completed Sept. 27.

***Selling The Furniture ...... as ABX Air said it will purchase 11 Boeing 767-200 widebody passenger jets from troubled Delta Air Lines during the next 3 years to expand its cargo capacity. ABX said it will pay about US$190M for the planes. ABX is the former airline of Airborne Express that was spun off as a separate company in 2003 to comply with foreign ownership rules for airlines following the acquisition of Airborne by DHL & its German parent, Deutsche Post. ABX is one of 2 airlines DHL relies on for overnight air deliveries in North America.

***Lufthansa Gets 4000th ....... as it has taken delivery in Toulouse of an A330-300 aircraft from Airbus. The France-based aircraft manufacturer said the aircraft was the 4,000th to come off its production line.

***FedEx Express Expands French..... as it has placed an order for six A300-600 freighter aircraft from Airbus for an undisclosed amount. All 6 of the planes are scheduled for delivery in 2007. FedEx's current fleet includes 47 A300-600 freighters & 54 A310 freighters. FedEx has also ordered 10 super-jumbo A380 aircraft, each able to carry 152 tons of cargo.

***No More Abu Dhabi Gulf Dabble ..... as the government confirmed it is withdrawing from its stake in Gulf Air over the next 6 months. At the same time, the Kingdom of Bahrain & the Sultanate of Oman issued a joint statement to confirm their continued involvement & commitment to the airline.

***Rum Runners ..... as a plane carrying Gambian soccer fans to Peru made an unauthorized detour & faked a fuel emergency to land in time for the West African nation's game in a world youth tournament. The Air Rum plane carrying 289 fans bypassed immigration formalities in Lima by landing in the northern city of Piura 2 hours before the African youth champions kicked off against Qatar in the World Under-17 Championship, Sept. 20. The apparent emergency sparked a red alert in the coastal city with fire fighters & police racing to the airport & hospitals were told to prepare for an emergency. "They faked an emergency to land in Piura. They were coming from Brazil and the should have landed in Lima first," Ramon Caminate, a tournament organizer in Piura, told Reuters. Piura newspaper El Tiempo quoted one fan as saying Gambia's President Yahya Jammeh had chartered the plane. Long Tambong Tamba, apparently a government official traveling on board, told reporters: "The president gave me the responsibility to lead the team (of fans) here." CORPAC, the state body that runs Peru's airports, said the Tri-Star L1011 plane with 12 crew had raised the alarm, saying it did not have enough fuel to fly to Lima and would have to land in Piura instead. It was not immediately clear what penalties the airline could face. Residents were astonished to see such a large plane. Piura's little airport is for domestic routes only & all Int'l flights to Peru go to Lima. Immigration officials checked documents in Piura and the fans went straight to the stadium to see their team beat Qatar 3-1 & qualify for the quarter-finals. Some fans wore just tunics & trunks in the national colors of red, blue & green stripes separated by white bands, and had their faces painted. The fans later took over 5 hotels in the small city while the plane was impounded at the airport. The final of the 16-nation tournament is on Oct. 2 in Lima.  

***Port Authority -- Arrest Thyself ...... as in the world of aviation, what's the difference between the codes 7600 & 7500? It turns out plenty of panic. Deputies & a SWAT team surrounded a plane at the Georgetown County Airport after pilots accidentally entered a code saying the aircraft has been hijacked. State Ports Authority Chairman Harry Butler was flying the plane from Georgetown to Columbia on Sept. 24th morning when he lost both radios. The weather wasn't good enough to land in Columbia without the radio, so he turned back to the coast, where it was clear. En route, his co-pilot sent a message on a signal device. He was supposed to type 7600, which means "lost communications." But instead, he punched in 7500, which reports a hijacking, Butler said. Air traffic controllers in Myrtle Beach then notified federal authorities, who sent in the local deputies. Butler said he had no idea what happened until he landed and a dozen deputies surrounded his plane. FBI agents and officials from the FAA questioned the pair for about 2 hours before granting Darwin Award status.   

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OUR "C" Section:  FF World Ocean News***

  4. FF World Ocean Briefs ________________

***Big Birthday Box Bash ......as the History of Containerization Foundation and the Containerization & Intermodal Institute will host a dinner marking the 50th anniversary of containerization in Washington, D.C. April 27 2006. The black tie event, to be held in the rotunda of the Smithsonian National Museum of Natural History, is one of several initiatives to commemorate the inaugural voyage of Malcom P. McLean's "Ideal X," the 1st vessel to carry containerized cargo. Charles G. Raymond, chairman, president & CEO of Horizon Lines LLC, a shipping company that was once part of McLean's Sea-Land Service, and Irena Z. McLean, widow of Malcom McLean, are honorary chairpersons for the industry gala.  A permanent museum collection, a book about containerization, & a "living history" video are also planned. Malcom McLean was THE MAN.

***What's Your Cargo Score?....... as the U.S. Dept. of Homeland Security is considering letting the private sector collect additional trade data useful for identifying container shipments at high risk for being exploited by terrorists to smuggle weapons and other devices. There is little detail beyond the general intent of the program to capture historical information about cargo shipments for targeting purposes, a goal that appears to build on the Advance Trade Data Initiative being tested by Customs & Border Protection to get information from importers earlier in the supply chain. Under "Secure Freight," DHS is rethinking the rules & responsibilities between the government & the private sector as it relates to sharing information generated throughout the supply chain and using it to make better decisions about which Int'l cargo is safe to admit into the country. The concept of a 3rd party clearinghouse for trade data is also being discussed by some banks as a potential service that could help industry and government manage the terrorist risk associated with cargo shipments, by acting as an independent rating service similar to the way Equifax acts as a independent credit rating service, said consultants at BearingPoint. The idea is to create a unique reference number for each consignment and feed insurance information, cargo bookings, invoice data, manifests & other commercial documents through electronic data interchanges to an independent entity to determine a risk rating for each container. Shippers who take stringent steps to make sure their cargo is sterile so that it is not held up for inspection by customs authorities are no longer going to tolerate carriers who cause their cargo to be delayed because it was loaded on a ship with contaminated shipments that need to be offloaded, said Jerry Cook, VP of trade relations for Sara Lee Branded Apparel.

***Sailing For Uncle Sam ...... as the U.S. Maritime Administration has published its final rule to implement provisions of the 2003 Maritime Security Act, a replacement to the 10-year-old Maritime Security Program. This program provides the Defense Dept. with access to militarily useful commercial U.S.-flag container & roll-on/roll-off vessels in times of war & national emergency. Vessel operators participating in the program receive an annual payment from the government. The final rule is effective Nov. 21. Access the Federal Register online:

***Show'em What They've Won, Johnny ----..... as the U.S. Dept. of Homeland Security has awarded US$142M in funds to help 36 ports pay for security infrastructure improvements to prevent a terrorist attack. The 5th round of port security grants is notable for the fact that fewer ports were eligible for & selected to receive funds than in previous funding rounds because the department prioritized funding based on the perceived risk or national importance of ports, rather than doling out small amounts to a wide pool of applicants.  The runaway winner in the grant sweepstakes is the Port of Houston, which received US$35.3M. Houston received a total of US$16.7M in federal port security grants out of more than US$560M issued to ports in 4 rounds of awards since 2002. Other big winners are the Port of Long Beach (US$12.7M) & Port of Los Angeles (US$11.4M), both in California; Seattle (US$7.3M); the Port of New York-New Jersey (US$6.6M); Memphis, (US$6.6M); San Diego (US$6.5M); & Beaumont, Texas (US$6M). In the previous round of funding, more than 150 ports, terminals,municipalities & other entities split US$49M in port security grants. The New York-New Jersey port authority was the largest recipient of funds (US$4.8M) at the time time.

***NVO NSA ASAP ........ as the U.S. Federal Maritime Commission Chairman Steven Blust said NVOCC service arrangements  (NSA) should emerge as a force in the ocean shipping industry. In Jan., the FMC finalized regulations to allow NVOs to offer confidential service arrangements to shippers, a privilege denied to the industry when the Ocean Shipping Reform Act was implemented in 1998. In Aug., the FMC took the regulations another step by permitting shippers' associations with NVOs to enter NSAs with other NVOs. To date, 35 NVOs have filed 113 NSAs with the FMC, Blust said. He said the uptake of NSAs in the ocean shipping industry is "not unlike the liner carriers" when they were first allowed to enter confidential service contracts with shippers under OSRA. The FMC continues to enrich its knowledge of how NSAs should work in the NVO industry, Blust said. On Aug. 30, the FMC issued a "notice of inquiry" with 14 questions related to how NVOs will offer & manage NSAs with shippers. The comment period closes on Oct. 6.

***Demurrage Showdown ...... as U.S. customs broker & ocean carrier representatives believe they are another step closer to resolving a dispute over the assessment of demurrage & detention charges for delayed cargo pickups & returned containers. The National Customs Brokers & Forwarders Assn. of America's Carrier Best Practices Committee wants liner carriers to understand that per the terms & conditions on the ocean bill of lading, responsibility for inland costs & arrangement end for the broker when the cargo clears Customs & Border Protection. However, the committee pointed out that some carriers continue to instruct terminals to bill brokers for any storage, demurrage or detention (per diem) incurred on shipments that are not picked up on time. The NCBFAA said many brokers find themselves stuck between a rock & hard place when a demurrage bill arrives. Some brokers simply pay the bill rather than risk losing a customer. The demurrage issue came to a head earlier this year when the NCBFAA called for a meeting with the liner carriers' customer service departments. In March, APL & Maersk Sealand met with NCBFAA members. Another meeting, which included a half-dozen carriers, was held in Chicago July 21. Carriers say brokers could avoid demurrage & detention charges by listing themselves as a "notify party" on the bill of lading. Other remedies are also under consideration. However, carriers continue to remind the shipping industry that their equipment must be handled efficiently. "Free time is not intended as a mobile storage option," Andy Lumley, VP of customer service in North America for OOCL (USA), told attendees of the NCBFAA's Government Affairs Conference in Washington on Sept. 18.

***Blame It On Rio ....... as part of new security measures implanted by the Int'l Maritime Organization (with 160-nation members) since 9/11, a U.S. Coast Guard delegation will be in Brazil to check on ports & their compliance with the Int'l Code of Shipping and Port Security (known as the ISPS Code). The delegation is verifying if the ISPS is being implanted in countries with trade relations with the US. In Brazil it will visit Fortaleza, Rio de Janeiro & Santos. Joao Carlos de Campos, the Brazilian head of Conportos (Comissão Nacional de Segurança nos Portos, Terminais e Vias Navegáveis), the equivalent of the Coast Guard, reports that originally the ISPS was supposed to be implanted by July 2004, but as it was a complex process that deadline was not viable. The delegation now visiting Brazil will share experience & knowledge with Brazilian authorities that will ease implantation. Campos points out that the new security measures will increase the cost of exported cargo.

***Top Banana Port Switch ...... as Chiquita Brands Int'l, a marketer & distributor of fresh produce, has relocated its operations from Gulfport, Miss., to Freeport, Texas, & Port Everglades, Fla., after Hurricane Katrina devastated Gulfport.  In 2004, Gulfport handled 25% of Chiquita's banana imports to the U.S. via weekly shipments arriving from Central America.

***New World Alliance Renewed ...... as syndicate carriers APL, Hyundai Merchant Marine & Mitsui O.S.K. Lines said they are extending their alliance agreement by 5 years through 2012. The alliance operates 15 weekly services in the transatlantic, transpacific & Asia/Europe trades.

***New Kid Tops APL ...... as China Shipping Container Lines has overtaken APL as the 5th-largest ocean container carrier, when measured in container fleet capacity. According to statistics provided by BRS-Alphaliner, China Shipping Container Lines operates 119 container ships with a total capacity of 330,087 TEUs, ahead of APL with 102 vessels totaling 325,345 TEUs. China Shipping has been heavily linked in the past with a takeover of CP Ships & rumors persist that it will challenge TUI's offer with a counter bid anytime soon. Before its 2004 initial public offering, China Shipping said it plans to expand its fleet to 144 vessels with a capacity of about 434,000 TEUs by the end of 2007.

***Won't Buy ...... as CMA CGM has confirmed it will not put in a bid for CP Ships, ending weeks of speculation that the French carrier was going to top Hapag-Lloyd parent company TUI AG's US$2.3Bn offer.

***Did Buy ...... as CMA CGM has bought French state-owned ferry operator SNCM's 50% share in specialist Mediterranean/North Africa shipping company Sudcargos for an undisclosed amount. Earlier this month, CMA CGM acquired a 50% stake in fellow Marseilles-based Sudcargos when it bought the shipping activities of the Bollore group. In 2004, Sudcargos' revenue was US$73M. It has about 170 employees & operates 8 roll-on/roll-off cargo & container ships which handled 48,000 TEUs last year.

***Lost Horizon ...... as Maersk Sealand will open its own office in Honolulu, replacing Horizon Lines as its agent in Hawaii. The new office will open Oct. 1. Maersk Sealand has also replaced Horizon Lines as its sales & marketing agent in Guam and Saipan with Ambyth Shipping & Trading Inc. Horizon Lines will remain as Maersk Sealand's terminal operator in Hawaii & Guam.

***Port Showdown ...... as the Sacramento-Yolo Port District Commission voted this month to dissolve the 4-government board that has run the Port of Sacramento since its opening in 1963, the Sacramento Bee reported. The move could clear the way for a private operator to take charge of the struggling port, which is trying to transition from its reliance on exported timber to focus on growth in dimensional lumber from New Zealand and imported cement & aggregate. The port has lost more than US$5M the past 5 years amidst turf struggles over who has control of the port's governing board.

***A Big Blue Ocean Container? ........ as IBM has paired with Maersk Logistics to develop a container security device that can detect unauthorized intrusions & track the container at any point on its journey. The main components of the system are a tamper-resistant device attached to the door of the container, sensors that can be linked to the device to monitor environmental conditions, such as humidity & temperature, and a Global Positioning System terminal for tracking the location of the box. Shoebox-sized wireless sensor devices would relay data on the containers' location & condition -- and whether they appear to have been tampered with -- via satellite to a centralized system accessible by manufacturers, retailers & shipping companies in addition to government inspectors. IBM & Maersk will ship some empty containers in Nov. & Dec. to test the reliability of its on-board computer, called TREC (Tamper-Resistant Embedded Controller). The partners will conduct a major commercial test with 1,000 loaded containers in March. IBM has also reached agreement with "a major" customs authority to test the product, but an official announcement has been delayed until Nov.  IBM said it has an arrangement with low-earth orbit satellite provider Iridium that will make satellite transmissions more cost effective than in the past. IBM will now go head-to-head with the GE Security unit of General Electric, Sunnyvale, Calif.-based Savi Technology & other providers in a market that will be largely defined by U.S. Customs & Border Protection and other customs authorities who want to develop a so-called "smart box" that can detect if a terrorist has breached the container in order to smuggle a weapon of mass destruction or other device into a country for an attack. 

***Faithful Servant ....... as the salvage ship USS Grapple (ARS 53) worked most of Sept. to open critical shipping lanes in Mobile Bay in support of Hurricane Katrina recovery efforts. The ship received orders Aug. 30 to the area affected by Hurricane Katrina, where it supported Dept. of Defense &  Federal Emergency Management Agency operations. Grapple got underway Aug. 31 after on-loading a mobile diving & salvage detachment. After arriving in Pascagoula, Miss., the ship was rerouted to the Mobile River in Alabama & later to the Louisiana Offshore Oil Platform area. Grapple has a crew of 7 officers & 107 enlisted men & women. The ship's mission is combat salvage & recovery, off-ship firefighting, emergency towing and at-sea firefighting. Grapple's homeport is Little Creek, Va.

***More Pacific Night Owls ....... as the Port of Oakland & the Oakland Int'l Container Terminal, operated by SSA, have begun a 2 to 3-month pilot test of night gates for export containers. The program will function somewhat like PierPass, the port-wide night operations plan in Long Beach & Los Angeles, except that loads moving during the day will not be charged a fee, and the night gates will only be used for exports. The target volume for the night project is 15% of the terminal's moves.

***"Welcoming Ceremonies" ....... as the Ports of Seattle, Tacoma & Everett hosted training exercises Sept. 25, designed to combat terrorism & help local emergency response organizations & federal agencies practice handling large-scale maritime disaster. The Marine Terrorism Response Exercise involved 4 simulated emergency scenarios: an attack against a ferry boat on Elliott Bay; explosion aboard a containership on Commencement Bay in Tacoma, attack on a cruise ship at the Port of Seattle; & the discovery of a recreational boat full of explosives at Port of Everett. The exercise was conducted by the Puget Sound Marine Firefighting Commission. Terrorists must not feel welcome.

***Not Reefer Madness ....... as Horizon Lines has taken delivery of 900 new high-cube "Reefer Plus" refrigerated containers as part of a reinvestment program that has seen 1,200 new reefers added to its fleet in the last 18 months. The "Reefer Plus" refrigerated containers are equipped with a door lock cam to seal the doors with a high security seal & prevent entry to container without detection. The reefer unit itself is bolted into place & wire-sealed to detect unauthorized entry from the front of the container.

***Fast Times At Lagos ...... as OT Africa Line said that strict customs policies at the Nigerian port of Lagos has resulted in the average waiting time for a vessel to berth stretching to 2 weeks. Because of this, Naples-based Grimaldi Lines is amending its additional port surcharge for all southbound cargo calling at Lagos from Europe to US$471 per TEU. Exports from the U.K. port of Tilbury will be subject to a revised surcharge of US$477 per TEU effective Oct. 1.

***Muscle The Mussel ...... as a congressional watchdog agency told the House Regulatory Affairs Subcommittee late last week that invasive species in ship ballast continue to threaten U.S. waters despite recent legislative efforts to keep it clean. According to the Government Accountability Office (GAO), at least 160 non-native aquatic pests have become established in the Great Lakes alone since the 1800s &endash; one-third of which were introduced in the past 30 years. The zebra mussel alone has caused up to US$1Bn in costs between 1989 & 2000, the GAO said.

***Rescue The Helpless ....... as 4 Atlantic Bottlenose dolphins were brought to Naval Construction Battalion Center (NCBC) Gulfport Sept. 20 after being found off the coast of Biloxi, Miss. The dolphins were forced into the Gulf of Mexico when Hurricane Katrina destroyed their home at the Marine Life Oceanarium. They were recovered in a joint effort by the U.S. Navy, Institute for Marine Mammal Studies, & other organizations. Four other displaced dolphins belonging to Marine Life Oceanarium were rescued Sept. 17. U.S. Navy Marine Mammal Program personnel are now supporting equipment for all 8 Atlantic Bottlenose dolphins in a facility at NCBC Gulfport which contains 3 portable saltwater pools, along with temperature control & filtration equipment.

***Latin American "E" Trend? ....... as Parsippany, N.J.-based multicarrier container shipping portal INTTRA, said it is now serving more than 50,000 containers a month in South America, representing 10% growth on a month-to-month basis this year.  "Some carriers in Latin America are now doing up to 95% of their business via e-commerce," said INTTRA. INTTRA said its carrier network now represents more than 55% of the world's ocean container capacity & includes: Alianca, ANL, CMA CGM, Deutsche Afrika-Linien, FESCO, Hamburg Sud, Hapag-Lloyd, "K" Line, Maersk Sealand, MCC Transport, Mitsui O.S.K. Lines, Mediterranean Shipping Co., NYK Line, P&O Nedlloyd, Safmarine Container Lines, Senator Lines, Tasman Orient Line & United Arab Shipping Co.

***Throughput >> APL's container traffic increased 10% to 154,200 40-ft. equivalent units (FEUs) during 4-week period ended Aug. 26, compared to the same period last year, while its average revenue per FEU rose 3% to US$2,924 from US$2,850. >> Container traffic at the Port of Hong Kong increased just 0.9% in Aug. to 2.01 million TEUs. >> Port of Long Beach total container volume in Aug. was up 18.1% over August 2004 at 615,361 TEUs. >> Port of New York & New Jersey cargo growth 10% in 1st half of 2005 as overall imports increased 11.7% to 1.16 million TEUs while exports rose 6.5% to 490,145 TEUs. >> Port of Oakland's cargo volumes are projected to jump 8.4% for 2005. >> Port of Vancouver total container shipments increased 5% from 809,453 TEU to 853,238 TEU. Import volumes grew 8% to 404,450 TEU as demand for Asian goods continues to rise, while export volumes dropped 1% to 347,762 TEU compared to the 1st 6 months of 2004.

***FMC Revokes ........ as 4 OTI licenses pulled for failure to maintain valid bonds >> Bermuda Freight Systems, Kearny, N.J.; Elteha Int'l U.S.A., Los Angeles; GAP Forwarding, Miami; & Profes System Inc., Jamaica, N.Y.

***Hong Kong Maritime Museum Opens  ........ as Sept. 8 was the debut of this spectacular new facility covering more than 500 years of seafaring history.

***This Month In U.S. Navy History .....

1776 - John Paul Jones sails into Canso Bay, Nova Scotia, & attacks British fishing fleet.

1779 - Capt. John Paul Jones, in Continental Navy frigate Bonhomme Richard, captures HMS Serapis.

1781 - French fleet defeats British at Yorktown, Va.

1858 - Sloop Niagara departs Charleston, S.C., for Liberia with African slaves rescued from slave ship.

1910 - First recorded reference to provision for aviation in Navy Dept. organization.

1918 - USS Tampa lost with 118.

1922 - Cmdr. Halsey Powell abaord USS Edsall (DD 219) became senior officer directing the evacuation of 250,000 Greek refugees from Turkey after war between Greece & Turkey.

1923 - In disaster at Point Honda, Calif., 7 destroyers run aground through faulty navigation.

1925 - Submarine R-4 (SS 81) rescues crew of PN-9 plane 10 miles from their destination of Hawaii.

1931 - Keel laying at Newport News, Va., of USS Ranger (CV4), 1st ship designed & constructed as an aircraft carrier.

1944 - USS West Virginia (BB 48) reaches Pearl Harbor & rejoins the Pacific Fleet, marking end of the salvage & reconstruction of 18 ships damaged Dec. 7, 1941.

1963 - 1st steam-eject launch of Polaris missile at sea off Cape Canaveral, Fla., (now Cape Kennedy) from USS Observation Island (EAG 154).

1989 - After Hurricane Hugo, Sailors & Marines provide assistance to Charleston, S.C., through Oct.. 10.

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   5. The Cargo Letter Cargo Damage Dispatches                        

          **Back By Popular Demand**

We're sorry, but there were so many sinkings, explosions, pirate attacks, fires, cargo mishaps, battles on the water & other disasters at sea that we do not have room to print even the highlights this month. Many people lost their lives at sea this month!!

But you can read all this month's disaster news at our special Internet web feature which provides full details of each event -- our Vessel Casualties & Pirate Activity Database.  Bookmark the site and visit every day! Updated twice daily. You will be amazed.

SPECIAL NOTE:  Please view the dramatic new pictures at our special "Gallery of Cargo Loss" website feature. 

See our new feature for Sept. 2005: "Back Haul! - Trouble On The Way Home.".... a just updated feature for you from our past you will enjoy.

See our newest photo feature "Singles Only" - Transportation Disasters Told In A Single Photo!

NOTE: The historic dangers of carriage by sea continue to be quite real.  Shippers must be encouraged to purchase high quality marine cargo insurance from their freight forwarder or customs broker.  It's dangerous out there.

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OUR "D" Section:  FF in Cyberspace***

  6. The Cargo Letter "Cyber Ports Of Call"   

Here are our suggested world wide web sites of the week for your business, your information and your amusement..............   

Free copy of "Understanding the Lean Supply Chain: Beginning the Journey".

Growth For Transport Management Systems Market

HP Experiments With RFID In Brazil

Hurricane Katrina -- Interactive Satellite Map of Gulfport

Hurricane Relief Efforts

Information Security: The Next Frontier

OAG Air Forwarder Guide 2006

RFID: Best Thing Since The Bar Code

Traveling By Wire

U.S. Coast Guard Katrina Managemente Site ........ great photos.

U.S. Navy Hurricane Relief Efforts

Yard Management Software

 

PRODUCTS>>>>>>>>> We Select These At Random

J. J. Keller's Fleet Safety Compliance Manual FREE!

Material Handling Cart

Prefabricated Security Buildings

 

EVENTS>>>>>>>>>

Transport Events

World Trade Organization Events

15th Annual Int'l All Cargo Conference IAAC .......... 23-25 May 2006, Houston

2005 ATA Management Conference & Exhibition .......... Oct 15-18, 2005, in Boston.

2005 IANA Intermodal Expo & NITL TransComp ......... Nov.12-15, 2005, Anaheim Convention Center, Anaheim, Calif.

2005 National Maritime Salvage Conference ........ originally scheduled for Nov. 1-3 in New Orleans -- postponed until 2006.

Containerization Int'l Liner Shipping & China Conference 2005 ........ 25-26 Oct. 2005, Nan Yuan Hotel, Ningbo, China.

Global Automotive Logistics 2005 ......... 11th - 12th Oct. 2005, Prague Congress Center, Czech Republic

Intermodal South America 2006 ........ April 26 to 28, 2006, Transamerica Expo Center, Sao Paulo, Brazil

Intermodal Transport & Logistics ....... 8-10 Nov. 2005, Bilbao Exhibition Center, Bilbao, Spain

LA Harbor Transportation Club .......... Oct. 13 Janice Hahn, Councilwoman of 15th District City of Los Angeles, 6pm, Ports O' Call Restaurant, Berth 76, Ports O' Call Village, San Pedro, CA

Logistics & Supply Chain Forum ....... May 7-10, 2006, aboard M/V Norwegian Dawn, Ex-NYC.

Marintec China ........ 6-9 Dec. 2005, Shanghai New Int'l Expo Centre, Shanghai, China

RORO 2006 .......16-18 May 2006, Flanders Expo, Ghent, Belgium

TOC Americas ....... 29th Nov. - 1st Dec. 2005, Hyatt Regency Hotel, Savannah.

Track & Trace Summit ....... Oct. 17-19, Fairmont Turnberry Isle Resort & Club, Miami, FL.

Transport & Logistics & Int'l Trade .... Dec. 8-9. Tallinn, Estonia

U.S. General Services Admin. 3rd Annual Household Goods & Freight Forum ........Feb. 22-23, 2006, Anaheim, Calif. Co-sponsored by American Moving & Storage Assn.

 

FOR FUN>>>>>>>>>

Annual Spanish Tomato Harvest Fight ........lucky that they don't grow zucchinis or coconuts.

Did You Miss "Talk Like A Pirate Day" ?...... the annual event was Sept. 19

National Cornbread Festival Theme Song

Spoons of The Air

Tap Trek

Where Do I Dig?

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OUR "E" Section:  The Forwarder/Broker World***

  7. New U.S. Transport Related Legal Cases _______ 

Rivas v. Rail Delivery Service

9th U.S. Circuit Court of Appeal

Sept. 8 2005 No. 03-55447

FEDERAL MOTOR CARRIER ACT - Opinion: Rail Delivery Service & other motor carriers ("carriers") contracted to transport goods for Rivas & others ("owner-operators). District Court granted a permanent injunction under the Interstate Commerce Commission Termination Act ("ICCTA") because the carriers entered into past contracts with the owner-operators that did not comply with regulations pursuant to the Motor Carrier Act. The owner-operators appealed because they felt the injunction was too narrow & also wanted attorneys fees granted.  The 9th Circuit, in reviewing jurisdiction, found the owner-operators lacked standing to bring the lawsuit because they did not suffer a specific injury, and applying the ICCTA to their claim would impermissibly give it a retroactive power, which the Court determined Congress did not intend. VACATED & REMANDED.  OPINION 

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Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News, Lloyds & other world sources.

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The Cargo Letter Correspondents:

Michael S. McDaniel Esq, Editor (Countryman & McDaniel)

David Schuchman -- Interpool Corp. -- Webmaster of The Cargo Letter Archive

Libby Thompson (Countryman & McDaniel)

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