Law Offices of Countryman & McDaniel
THE CARGO LETTER 
Air & Ocean Logistics - Customs Broker News
25 Februaray 2003
Patt 1 of 1
Good Tuesday Morning fom 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." Some of you may have experienced problems reading our edition last month, due to a computer virus. Be sure to visit our great new photo features this month -- see Section 5. See what we do with "Duct Tape" in Secton 6. Sea-Land takes a huge HIT in Section 7.
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Michael S. McDaniel, Editor, Countryman & McDaniel, forwarder/broker attorneys at LAX.
NOTE: The Cargo Letter is designed to be read using a 12 point Geneva font on a standard 6 inch e-mail filed. Our TECHNICOLOR edition requires AOL v3.0 or better.
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 U.S. Transport Related Legal Cases ________
OUR "A" Section: Trade, Financial & Inland News***
1. Freight Forwarder Trade Briefs _____________
***The 24 Hour Manifest Rule Begins ....... as shippers are adding extra cycle time to their supply chains rather than risk further delays or fines after the introduction of new antiterrorism rules from the U.S. Customs Service -- the 24 Hour Manifest Rule. According to a worldwide online survey by logistics specialist BDP Int'l (BDP) & its Centrx consulting unit, nearly 30% of shippers reported allowing extra supply chain order-cycle time to comply with Customs' Advanced Manifest System regulation, which now requires the filing of complete import manifest documentation at least 24 hours before U.S. bound vessels are loaded at foreign ports. Rather than sending data only in advance of goods, roughly 15% of shippers are also scheduling simultaneous advanced arrival of both the containerized cargo and manifest data at ocean export facilities. Shippers attributed resulting supply chain delays to carrier directives requiring cargo data in advance of the 24-hour deadline, uneven support from foreign suppliers, & internal barriers to data flow revision. "Allowing extra time is the easiest way to deal with it," said one shipper. About half the survey responses came from exporters in Asia, Europe, Africa, Mexico/Central America, the Middle East, South America & the U.S. The balance described themselves as U.S. importers. Most survey respondents agreed that implementation of the 24-hour Manifest Rule would enhance security. Approximately 23% described the impact of the 24-hour rule as significant or extreme, & 30% reported moderate to significant costs for compliance. One half of respondents said they had not yet determined how to recover costs related to the 24-hour rule, while 42% plan to absorb the additional expenses. At the same time, 68% were evaluating the impact of similar proposed U.S. Customs rules covering all other transportation modes for imports & exports, while 26% said they are undecided. About 45% contemplated making strategic changes to align their organizations with initiatives under the Customs-Trade Partnership Against Terrorism (C-TPAT) program.
***"Strawman Catches Fire ....... as U.S. Customs' so called "strawman" proposals which would require that ocean, air, rail & truck carriers transmit advance electronic data on inbound & outbound cargoes will affect shippers & carriers worldwide, said Edward Emmett, president of the U.S. National Transportation League. Emmett told a conference of the U.K. Freight Transport Assn. in London that the U.S. has taken the lead in the definition of new cargo data transmission rules for security reasons, but other countries will go through the same process. Commenting on the Container Security Initiative of bilateral security agreements between U.S. Customs & customs administrations of other countries, Emmett said the European Commission has criticized agreements made by European countries individually without agreeing on a European Union-wide collective agreement with the U.S. "We have just begun to see some 'push-backs' from other countries," Emmett said. But the program will finally "work out." For U.S. inbound cargoes, the "strawman" proposals envisage that carriers transmit cargo data to U.S. Customs 4 hours prior to loading for trucks, 8 hours before for courier carriers, 12 hours before for other airfreight carriers & 24 hours for railroads. A rule requiring 24-hour advanced manifest transmission for ocean freight became effective on Feb. 2. The strawman also describes proposed electronic cargo data transmission for outbound cargoes. The proposals would put increased focus on electronic systems, and may contribute to "increased predictability of supply chains," Emmett said. "We'll see an increased use of logistics firms," Emmett predicted. He said shippers would not build their own electronic systems to comply with the enhanced cargo transmission rules.
***Bumps In New Rule Road ....... as the U.S. Customs Service refused to let 13 sea containers destined for the U.S. be loaded this month onto ships at foreign ports because of insufficient details about their contents, a violation of a new federal Manifest Rule. The action involved problems discovered between Feb. 2 through Feb. 9, the 1st week that the rule was being enforced. Customs said the violations involved 11 sea carriers, whom Customs would not identify. Customs said the problem containers were destined for U.S. ports, including Los Angeles & New York. Most carriers, however, seemed to be in compliance with the new rule. APL said that compliance on the part of it's customers has been almost 100%. Of the paperwork reviewed on more than 142,000 sea containers in early Feb., Customs found just the 13 containers that presented a problem, but would not say where. Under the regulation, sea carriers must provide details of the contents of containers destined for the U.S. 24 hours before the cargo is loaded onto ships at foreign ports. Customs said the 13 containers did not have adequate descriptions of their contents but there were some problems with timeliness as well. The agency did not provide further details. Customs began enforcing the rule on Feb. 2. The rule was put in place on Dec. 2, but the agency provided a 60-day grace period to give sea carriers time to come into compliance.
***What's For Dinner? ........ as the U.S. Food & Drug Administration may require detailed information about food & beverage imports to be submitted electronically for review no later than noon on the day before arrival. The FDA also proposes to require all foreign & domestic firms that produce or handle food or beverages to electronically register with the agency. Shippers that fail to comply with the regulations may have their goods held at the port of entry. The FDA will take comments from the shipping industry about both proposed rules through April 4. The agency plans to issue its final rules by Oct. 12. Under the "2002 Bioterrorism Act," the FDA must develop regulations to better protect the nation's food supply. The proposed regulation would not apply to food carried by an individual into the U.S. in personal baggage for that person's own use, nor to meat, poultry & egg products that at the time of importation are subject to the exclusive jurisdiction of the U.S. Dept. of Agriculture. It's tough to be a Customs Broker!
***A New Post Office? ......... as the Transportation Dept.'s Inspector General said that the Transportation Security Administration (TSA) spent wastefully in building up a US$3.3Bn budget shortfall in its 1st year of operation, the Washington Post has reported.
***The Government Giveth........... as U.S. Customs disbursed US$329M in antidumping & countervailing duties in fiscal year 2002 to domestic producers injured by foreign dumping and subsidies. The agency is authorized to make these disbursements under the 2000 Continued Dumping and Subsidy Offset Act, or the so-called Byrd Amendment because it was introduced by Sen. Robert Byrd, D-W.Va. Customs is making public the name of each claimant, the amount of the claim & amount disbursed. Information available on a special web site for thgis issue: U.S. Customs
***Shanghai Sizzles ....... as it's Customs Service handled US$14Bn worth of imports & exports in Jan. -- an increase of 47.3% over the same period last year. Statistics show foreign trade handled by Shanghai Customs enjoyed rapid growth last month, mainly from neighboring Jiangsu & Zhejiang provinces in east China. Shanghai hopes to realize total exports of US$33.5Bn this year and utilize US$5.5Bn of overseas investment, vice mayor Zhou Yupeng told an annual Shanghai Customs work conference this month.
***Spectacular Sino Share Show ....... as a long-awaited initial public offering of Sinotrans Ltd., the largest Chinese freight forwarding group, raised about HK$3.4 billion (US$435M) in Asia, Feb. 13, when the partially privatized group became the most traded stock on the Hong Kong stock exchange. Sinotrans reported that its stock offer was oversubscribed about 20 times. Naturally, Deutsche Post World Net acquired the biggest share -- a 5% share to a value of EURO 52.5M in Sinotrans Ltd. -- UPS acquired US$35M worth of shares, Exel US$10M & Nissin US$1M.
***Deutsche Post World Net -- Nets Yet Another ........ as it has acquired the Dutch company RP Holding BV, headquartered in Zwijndrecht, along with parcel companies Expresse Partners & Routing Partners. RP is understood to have a strong position in health care product delivery in the Netherlands and generated revenue of more than US$11.78M in 2002 with 188 employees. RP will become part of the European parcel network Euro Express which, together with Danzas, is to be brought under the DHL umbrella.
***And Another ..... as Canadian competition authorities have approved the takeover of the Mayne Group Canada by DHL Worldwide Express. Acquisition of the express & parcels business, known in Canada as Mayne Logistics Loomis, is a logical continuation of Deutsche Post World Net's global growth strategy, the company said. Under the DHL Canada banner, the newly formed company will become the 3rd largest express transportation provider in Canada.
***A Turkey Chile Recipe ....... as Deutsche Post AG strengthened its position this month in Turkey and Chile, buying Berben Ekspresse Nakliyat in Turkey & Commercial Safeway fresh foods transporting in Chile.
***Carmichael Scores ......... as APL Logistics has appointed Carmichael Int'l Service to provide its clients with fully integrated Customs brokerage service. The joint services agreement will be billed as "APL Logistics Customs Brokerage Services," operated by Carmichael Int'l Service. APL Logistics & Carmichael have a long tradition of working together, sharing information and data at their request. People & systems complement each other well, said APL in a press release.
***Schenker In The South ....... as it has acquired The CCW Group Inc., Greensboro, N.C.-based logistics provider. Terms of the deal were not disclosed. CCW, founded in 1948, has provided logistics services for core industries including health & beauty, consumer, textiles, chemicals & furniture.
***TNT Logistics Does Not Tire of Arrangement ......... as it is significantly extending its partnership with tire manufacturer Pirelli. TNT Logistics will immediately take over the entire warehousing activities at the German based Hochst/Odenwald production site, which until now had been carried out by the manufacturer.
***UTi Worldwide Joins The EU ....... as it has joined "FreightForward Europe," an association that represents large forwarding groups in Europe. The other members of the association are ABX Logistics, Dachser, Danzas, Exel, Geodis, GeoLogistics, Kuehne & Nagel, Panalpina & Schenker.
***Goodbye Emery Forwarding ........ as it will change its name to Menlo Worldwide Forwarding, by Jan. 1, 2004. Menlo Worldwide is a US$2.7Bn business segment of CNF Inc.
***U.S. Rail Intermodal Loads Up ....... as volume increased 5.7% in the 4th quarter of 2002 to 2.8 million containers & trailers, despite the U.S. West Coast port lockout that disrupted shipments for 10 days in Oct., according to the Intermodal Assn. of North America. Domestic container volume increased 9.7% to 695,518 loadings, trailers gained 1.8% to 619,492 loadings and Int'l shipping containers increased 5.6% to 1.4 million loadings. For all of 2002, intermodal volume grew 5.8% to 10.9 million containers shipped. Int'l container volume rose 8.4% to 5.8 million, according to quarterly figures released this month.
***Intelligent Intermodal Innovation .......... as U.S. Transportation Secretary Norman Y. Mineta today has announced completion of a test for a federally sponsored intermodal freight operation project that could mean cost savings & security benefits for future freight movements. The test was for a project known as the "Electronic Supply Chain Manifest" system (ESCM), jointly funded by the Dept. of Transportation's Intelligent Transportation Systems (ITS) program, the FAA, & the state of Illinois, with technical assistance from DOT's Office of Intermodalism. The American Transportation Research Institute (ATRI), formerly the ATA Foundation, designed & managed the system. The test incorporated technologies that allow positive identification of the person responsible for the cargo & tracking capabilities for cargo movement within transportation modes as well as from one mode to another. The two modes involved in this test were primarily trucking & aviation, but the technologies have potential for rail & marine applications as well. More than 200 persons were enrolled in the system, representing almost 40 companies. The ESCM project began almost 2 years before Sept. 11, 2001, and many of the ESCM components are being considered for use in transportation security. One of the more important findings of the project is that appropriately designed security systems can dramatically improve business processes. In the case of the ESCM system, cost savings per transaction ranged from US$1.50 to US$3.50 depending on the kind of business. The ESCM's security system automatically matched cargo with handlers, "known shipper" information, & origin/destination data. Because shipments could be tracked along their journey, both security & customer service programs were enhanced.
***Who Are You Really? ........ as the government could begin requiring drivers hauling hazardous materials to have criminal background checks about a month from now, Annette M. Sandberg, acting administrator of the Federal Motor Carrier Safety Administration, said Feb. 3.
***Teamsters Back In Harness ......... as the Int'l Brotherhood of Teamsters union & employers representing the 4 major union trucking companies in the U.S. have reached a tentative agreement on a new 5 year National Master Freight Agreement (NMFA). The NMFA members are Roadway Express, Yellow Transportation, ABF Freight System & USF Holland. The agreement quickly followed the 95% strike authorization vote that was recently announced. The total value of the tentative agreement is US$1.7Bn - compared to US$700M in 1998. The average wage & benefits increase is 3.4% over the term of the agreement and the contract ensures that members will have no health care co-pays for 5 years. Under the agreement employers are prohibited from subcontracting any work in the U.S. to a Mexican carrier & reduction of maximum allowed rail miles for a move to 26% from 28%.
***Who Needs Locks? ......... as motor carriers are said to have mixed views of a plan floated by federal security regulators last month that would mandate locks on all trucks & trailers. While supporting the need for improved security, they are concerned about the proposal's cost & impact on productivity. The Transportation Security Administration (TSA) reportedly is worried that terrorists might steal unlocked trucks & place bombs inside them. Late in 2002, the TSA said it was studying whether all motor carriers & shipping companies should be required to install locks on their trucks, trailers & storage areas. Well, this was a good idea 20 years ago, when all we had to worry about was the cargo thieves.
***A Roadway Express Divided ......... as it has introduced "Roadway Sealed Divider" service for shippers who have special security needs for any size shipment or want their freight to receive more secure packing & extra protection during transit. Roadway Sealed Divider provides a secure less-than-truckload (LTL) shipping environment for a customer's freight. The company says it's new service offers "peace of mind to customers as well as a shield against the normal rigors of freight handling." The system uses 2 tamperproof rod locks secure a customized barrier within the trailer from pickup to destination.
***A UPS Express United ......... as "UPS World Ease" is a new service to help businesses make faster deliveries to overseas customers outside the US. The service allows clients to ship multiple packages to many destinations in the same country in one consolidated shipment, allowing goods to move directly through customs as a single unit, reducing the need for warehousing, inventory & shipping. Because shipments clear customs all at once, multiple shipments can get to Int'l customers within days instead of weeks. Once the shipment clears customs, it's separated back into smaller shipments for final destination delivery throughout a country.
***UPS Thinks Outside The (Mail) Box ........... as it has begun implementing a plan that will convert 3,300 Mail Boxes Etc. franchises in the 48 contiguous states to the UPS Store brand. Since UPS acquired MBE in 2001, the two companies have worked to broaden the MBE business model, which focuses on the shipping needs of small businesses & consumers. After a year-long pricing test at MBE centers in San Antonio, Texas, & Phoenix, Ariz., "The UPS Store" name drew the strongest customer response, UPS said in a statement. There are no plans to change the trade name of MBE's 1,000 units outside of the U.S.
***Soft Merger ........TradePoint Systems LLC, a U.S. provider of documentation & logistics software, has merged with Trans-Euro of The Netherlands, a supplier of export documentation applications. The new company will be called "TradePoint Systems B.V.," based in Zwolle, Holland. The new company will market such TradePoint solutions as its SPEX export documentation system, its "Export Compliance System" (ECS), & "Manifest 24," a Web-based application enabling ocean carriers and NVOs to meet requirements of U.S. Customs' 24-hour Advance Cargo Manifest Declaration Rule.
***New Info Groups ........ as the number of laws & regulations affecting transportation security have increased, shippers & service providers are finding that their information needs are changing. Now, two new industry organizations have formed to help companies better understand and weather the ways in which security demands will change their businesses. >> "SHIELD," the Shippers for Int'l Electronic Logistics Data, aims to promote E-Commerce best practices & expedite international trade through automation [contact Patricia Ward at (732) 747-7699]. >> The "Int'l Compliance Professionals Assn." (ICPA) is finalizing its formation as a nonprofit organization catering to the needs of trade compliance professionals. The group's membership to date includes about 300 customs & trade compliance managers. ICPA's Web site is slated to debut next month. The site will serve as a portal for the compliance field, providing industry information and resume & job posting functions [contact: email@example.com].
***Inmates Take Over Prison With "Sparklers" ------- as the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives said felons & other persons prohibited from transporting, receiving or possessing explosives can handle consumer fireworks because those devices are not covered by federal explosives law, according to a clarification recently posted on ATF's Web site.
***The Road South ....... as a century after pioneer explorers with dogs & horse-drawn sleds tried to cross from the Antarctic coast to the South Pole, American engineers may carve a 1,000-mile track so supplies can be driven to the pole. The U.S.-based National Science Foundation has begun a 3 year study to establish the feasibility of a road from its McMurdo Station on the frozen continent's Ross Sea coast to its South Pole base. The route would be open for 100 days of the Southern Hemisphere summer each year. The trip between the coast & the Amundsen-Scott polar science base would take about 10 days. The South Pole trail idea came from a study of transport options for servicing the South Pole station from the coast. Currently, that is all done by ski-equipped C-130 Hercules cargo planes carrying 25,000 pounds per flight. Providing support to the South Pole base & its science programs needs more than 250 such flights each summer season, from Oct. 1 to Feb. 25. Currently, the maximum number of support flights to the continent is 260 a year.
***Sino Smokes Mimic Marlboro Man........... as 6 men were charged Feb. 20 in New York with smuggling millions of counterfeit Marlboro cigarettes into the U.S. & selling them through outlets on an Indian reservation. Court papers allege that between Nov. 2000 & Nov. 2002, the men conspired to smuggle 35 million cigarettes with a retail value of US$10M. The cigarettes were made in China & packaged to look like Marlboros & Marlboro Lights. The men allegedly evaded about US$1M in taxes by shipping the fake cigarettes to New Jersey ports in containers marked as "plastic kitchenware." The containers were trucked to the Seneca Nation's Cattaraugus reservation in Irving, N.Y., where the goods were sold at smoke shops & through a Web site. Prosecutors say the defendants also sold counterfeit Duracell batteries that were smuggled through Europe. If convicted, each man could face up to 10 years in prison. U.S. Customs was tiped off by the fact that the Marlboro Man does not use "plastic kitchenware."
***It Doesn't Pay -- They Didn't Listen ....... as a federal trial jury, after 6 hours of deliberation, has convicted a Boston man for his participation in a scheme to steal interstate shipments of computer related products. Bruce S. Ziskind, age 45, was convicted by a federal jury on one count of conspiracy and 2 counts of theft of goods in interstate commerce. Evidence presented during the 9 day trial proved that Ziskind, who owned & operated Tufts Electronics Co. participated with convicted Charlestown organized crime figure John "Mick" Murray in a scheme to steal computer related shipments from the UPS facility located in Chelmsford, MA. The scheme utilized UPS drivers who were members of Local 25 of the Int'l Brotherhood of Teamsters (IBT). Murray used his affiliation with IBT Local 25 to organize a group of drivers to steal shipments from their delivery trucks and from the UPS Chelmsford facility. Ziskind identified valuable shipments for the drivers and operated as a "fence" for the group. Ziskind faces a maximum sentence of 10 years' incarceration on each of the 2 counts of theft of goods in interstate commerce. Ziskind also faces a maximum sentence of 5 years' incarceration on the conspiracy count.
2. The Cargo Letter Financial Page ____________
**Airborne. UP with net earnings of US$14.8M or 31 cents per share in 2002, compared to a net loss of US$19.5M, or 40 cents per share in 2001.
**Air Canada. DOWN for the year 2002 with an operating loss of CAN$218M (US$143.06M), representing a CAN$513M improvement from 2001.
**AIR France. UP with net income of US$2.16M for its 3rd quarter ended Dec. 31, 2002, which compares to a net loss of EUR131 million during the same period in 2001.
**Bitish Airways. UP with earnings of US$21.2M in its 3rd quarter, rebounding from a loss a year ago thanks largely to deep cuts in costs.
**C.H. Robinson. UP as net income increased 18.2% in Q4 to US$24.3M from US$20.6M in 2001.
**CSX Corp. UP with net income of US$137M for 4th quarter of 2002, up from US$65M in 2001.
**Eagle Global Logistics (EGL). UP with a US$6.7M net income for 4th quarter ended Dec. 31, 2002 compared to US$821,000 for same period 2001.
**Expeditors International of Washington Inc. UP with 4th-quarter net income of US$36M, up 33% over year-earlier quarter, while revenues increased 41% to US$691.2M.
**Forward Air. UP as net income from operations for the 4th quarter of 2002 was US$6.8M (US$5.6M excluding unusual items) compared with US$4.6M in the prior-year quarter.
**GATX Corp. DOWN a net loss of US$29.4M or US$0.60 per diluted share in Q4 2002, compared to a net loss of US$12.1M in the prior year period.
**Mercury Air Group. UP as revenue for its fiscal 2nd quarter ended Dec. 31, 2002, was US$114M, an increase of approximately 24% over same period last year.
**Petrobras. DOWN as the Brazilian state-owned oil giant had an 18% drop in profits in 2002, despite record oil prices & increased exports to neighboring countries such as Venezuela.
**Port of Tacoma. UP with a record operating revenue of US$72.9M in 2002, up 19% from 2001.
**SAS. DOWN with a loss of 284 million kronor (US$33.2M) for the 4th quarter ended Dec. 31 in contrast to a loss of 997 million kronor a year ago.
**Swift Transportation Co. Inc. UP as net earnings for the year ended Dec. 31 were US$63.5M compared to US$27.2M in 2001.
**Pacer Int'l Inc. UP for fiscal year ended Dec. 27, 2002, as net revenues increased 5.6% to US$349.8M year-on-year.
**Qantas Airways. UP with a net profit of US$210.8M for the 1st half of its fiscal year ended Dec. 31, 2002, up 130% over last year.
**UAL Corp. (United Airline's parent) DOWN with 4th quarter loss of US$1.5Bn, or a loss per basic share of US$20.70.
**UPS. UP as 4th quarter net income increased 133% to US$1.5Bn. Diluted earnings per share totaled US$1.32 for the quarter.
**Wilhelmsen ASA (parent of Wallenius Wilhelmsen Lines) UP with net income of US$54M in 2002, 95% higher than in 2001
**World Airways. UP as 4th quarter ended Dec. 31, 2002 increased 21.6% to US$100.1M from US$82.3M in same quarter 2001. The company converted 2 aircraft to full freighters in 2002, in response to the increase in cargo business which increased from 12% of total revenues in 2001 to 20% in 2002.
OUR "B" Section: FF World Air News***
3. Freight Forwarder World Air Briefs __________
***A Swell Business To Be In ......... as collectively in 2002, the U.S.'s 30-plus airlines lost more than US$7Bn despite a US$15Bn bailout from Congress after the terrorist attacks, according to the National Post of Canada. Two major airlines -- United & US Airways -- are operating under Chapter 11 bankruptcy protection and American Airlines may not be far behind. >> Members of the Int'l Air Transport Assn. may have a combined loss between US$5Bn & US$10Bn in 2003, the Sydney-based Center for Asia-Pacific Aviation said.
***On The Mend -- IATA Figures ...... as the Int'l Air Transport Assn. (IATA) has released statistics which show freight traffic grew by 6.6% in Dec. compared to the final month of 2001 (just after the 9-11 shut down), continuing the positive trend seen during the 2nd half of 2002. The body representing the majority of the world's commercial airline companies, added that for 2002 as a whole, cargo throughput increased 6.5% year-on-year. In Asia, meanwhile, freight traffic grew 13.3% in 2002 versus 2001. However, IATA said, since 2001 was an exceptionally bad year for the airline industry as a result of Sept. 11, a better comparison could be found between last year & 2000. Comparisons ... show that we have started the recovery process.
***On The Mend -- ATA Figures .......... as the Air Transport Assn. (ATA) said total freight volume for U.S. air carriers increased 3.7% in 2002. For Dec., cargo traffic was up 8.4% from Dec. 2001. Transpacific volumes surged 13.3%, due partially to the diversion of ocean shipments to air because of congestion caused by the fall shutdown of U.S. West Coast ports. Transatlantic volumes rose 8.3% in Dec. Latin American freight & express were flat while domestic freight & express volume rose 7.1%. For all of 2002, ATA members -- including FedEx Corp. & United Parcel Service -- logged 23.26 billion ton-miles, up from 22.43 billion in 2001, but below 2000's total of 25.12 billion. A ton-mile means one ton of freight flown one mile.
***But 2002 Was A Great Year ......... as no one died aboard a passenger or cargo airliner in the U.S. in 2002, the 3rd time in a decade that a year went by without a fatality on a commercial plane. The FAA credited new air traffic control technology, better training and vigilance by the aviation industry. The agency said there were more than 13 million takeoffs & landings last year without a single death. There were also no commercial aviation fatalities in 1993 and 1998, according to the FAA. Bravo Zulu!
***ALPA Wants To "Pack" For Cargo ........ as last week the Air Line Pilots Assn. applauded action by Congressmen Mica, Young, & DeFazio to allow pilots of cargo airliners to participate in the Federal Flight Deck Officer (FFDO) program. ALPA worked closely with the Representatives to craft language to close a loophole in the previous legislation that authorized the arming & training of pilots of passenger airliners, but not cargo pilots. Because government mandates to beef up security in the air cargo segment of the industry have lagged far behind the fixes ordered for passenger operations since 9/11, pilots of cargo airliners are at greater risk & need the added security of the FFDO program. The Assn. said it will work closely with the Congress for swift enactment of this greatly needed improvement to aviation security. ALPA, the world's oldest & largest pilot union, represents 66,000 airline pilots at 42 carriers in the U.S. & Canada.
***Air America ........ as for only the 2nd time in a half-century, Defense Secretary Donald Rumsfeld has mobilized the U.S. Civil Reserve Air Fleet, passenger & cargo planes that can be used to move service members & equipment in emergencies and when there aren't enough military planes to accomplish the required mission. Both times the Civil Reserve Air Fleet was activated, the destination has been the Persian Gulf.
***Less Lufthansa ...... as the company said economic crisis requires group-wide hiring freeze & capacity reduction by another 10 aircraft. Lufthansa had already decided to withdraw 9 aircraft from the market in Jan. According to the current planning, in the next few weeks a total of 31 aircraft of Lufthansa AG & 15 others operated by Lufthansa CityLine and the regional partners will be taken out of service. Lufthansa Cargo plans to raise rates around the world by an average of 3.5% as of April 1.
***Air Semi-France ........ as the privatization of flagship national carrier Air France will take place towards the middle or end of 2003 if stock market conditions permit, Transport Minister Gilles de Robien recently told the French Senate. Before this is allowed, the U.S. may ask for more inspections.
***Korean Air On Top ....... as it will be named Air Transport World (ATW) Cargo Airline of the Year for 2003 at an awards ceremony in Washington this month.
***Asiana Airlines A Star ........ as the "other Korean carrier" has been formally welcomed into the Star Alliance, a worldwide airline network. The Korean carrier flies to 18 destinations in China per week not including services to Hong Kong. The members of Star Alliance are Air Canada, Air New Zealand, ANA - All Nippon Airways, Asiana Airlines, Austrian Airlines Group, Lufthansa, Mexicana Airlines, SAS, Singapore Airlines, Thai Airways Int'l, United, & Varig Brazilian Airlines.
***Canadian Cutups ........ as Air Canada is to sell sizable stakes in its aircraft maintenance, ground handling & regional airline units and seek changes in work rules & other concessions from its 36,000 employees to stem its losses, which grew by one-third in the 4th quarter of 2002. The airline, which accounts for more than 70% of all air travel in Canada, said it will turn its cargo operation, employing 1,700 people, into a separate subsidiary.
***US Airways Ready For Takeoff ....... as the Air Transportation Stabilization Board (ATSB) has unanimously approved its US$900M federal guarantee of a US$1Bn loan for US Airways. The company says it hopes to emerge from Chapter 11 protection by March 31.
***Flight of The Arrow ........ as Arrow Air will acquire assets of Air Global Int'l (AGI) & absorb key management from its former competitor. Arrow is the leading all-cargo carrier for Central American & Caribbean service, while AGI holds a commanding market share in Latin America's "deep South," including Brazil, Chile, Colombia & Ecuador. Coordinating the carriers' schedules and sharing certain facilities & functions will significantly reduce operating costs and better utilize aircraft capacity. Arrow Air is the oldest FAA-certified all-cargo airline in the U.S., providing service to a broad area of the Americas with DC8, DC10 & L1011 freighters. Arrow Air also operates the largest perishable handling facility at Miami Int'l Airport. Air Global Int'l provides B-747F all-cargo service to Brazil, Chile, Colombia & Ecuador, as well as scheduled service to Buenos Aires through an exclusive agreement with Aerolineas Argentinas. The transaction includes AGI's long-term contract for 2 B-747F freighters
***Carrying The Flag .......... as United Parcel Service has announced the successful launch of direct air service between Hong Kong & its intra-Asia hub at Clark in the Philippines, providing another direct link for customers. The new service was launched after UPS received an interim grant of authority from the U.S. Dept. of Transportation to expand service to & through Hong Kong. The U.S. & China negotiated a bilateral aviation agreement in Oct. 2002 that authorizes such "beyond" rights, and UPS has applied for permanent authority to use 18 of the new flight frequencies. By liberalizing its existing air agreement with the U.S. last year, Hong Kong increased access for U.S. carriers by more than 700%.
***Fuel Force ........ as American Airlines Cargo is to increase its fuel surcharge to US$0.15 per kilo for most U.S. origin Int'l shipments & US$0.06 per pound for U.S. domestic shipments as of Feb. 24. The American fuel index is based on an average of the 5 U.S. jet fuel spot markets. Other carriers follow.
***Qantas Throws A Party ........ as Air New Zealand will suspend its direct flights from Sydney to Los Angeles following the last flight of April 27. The carrier said the move will enable it to focus on operating its increased Auckland - Los Angeles services, which will increase from 14 to 17 per week from April.
***Betting On Air Links With Taiwan? ......... as Xiamen Airlines, 60% owned by China Southern Airlines, has signed a deal to buy into the financially troubled airport in the southeastern Chinese city of Fuzhou. Xiamen Airlines & several other local companies based in the coastal city of Xiamen will invest US$84.4M to set up a new company to take over the Fuzhou Changle Int'l Airport in April. Fuzhou is the capital city of Fujian province opposite Taiwan, and Xiamen is a coastal town near Fuzhou. Direct travel between Taiwan & the mainland has been banned since 1949 when the defeated Nationalists fled to the island at the end of the Chinese civil war. Good bet?
***Belly Up To The Bar ....... as RTW Air Services has launched a new online service for shippers, which allows users to print barcode labels for airfreight shipments. The barcodes can work for any airline. To print up airfreight labels, input the origin, destination, carrier code, air waybill number & number of pieces for the shipment, and print a full set of labels onto plain paper. Great idea.
RTW Air Services
***Cold Blooded Handling ....... as more than 600 snakes, lizards, frogs & other exotic animals died of cold after being left in sub-freezing temperatures at a Paris airport. Air France, which was transporting the animals from Madagascar to Zurich, said in a statement Feb. 19 that it "regrets the incident" and has opened an inquiry. It already has refunded the transportation costs to their Swiss importer, Martin Schreiber. Why, how very kind of the line. How about a courtesy shoe shine kit? Twelve hundred creatures survived but were in poor condition when Schreiber discovered them after the cargo's arrival in Zurich. Some of the animals were destined for Zurich Zoo, while others were for private collectors or for Schreiber's reptile business in nearby Schlieren.
***Volumes. >> Dragonair's cargo set an annual uplift record of 193,465 tons in 2002 - 59.61% up on 2001. >> Lan Chile cargo traffic, as measured in RTKs, increased 16.0% while capacity increased 10.2%. As a consequence, the cargo load factor increased 3.2 points to 63.8%, reflecting strong northbound demand to the U.S. >> LAX total air cargo (mail and freight) processed at LAX during 2002 was 1,962,354 tons -- 0.34% higher than 1,955,665 tons in 2001-- the freight (commodities) portion of the total cargo volume was up 5.16% from 1,778,151 tons in 2001 to 1,869,932 tons last year. >> KLM cargo traffic in Jan. 2003 was 2% higher than last year -- with capacity up 5% on last year, cargo load factor decreased by 2 percentage points to 64.7%. >> Macau Airport up 21% last month compared to January 2001's level to reach 9,624 tons handled.
OUR "C" Section: FF World Ocean News***
4. FF World Ocean Briefs ____________________
***Don't Ask -- Won't Tell ........ as NVOCCs & VOCCs have sent diametrically opposed replies to U.S. Customs on its proposed rule covering the confidentiality of shipper and importer data contained in cargo manifests. Once U.S. Customs has adopted a final ruling, this will largely determine how much detailed trade and shipper/consignee data will remain in the public domain, and will still be available for purchase from commercial data reporting services. On Jan. 9, U.S. Customs said in a notice (RIN 1515-AD18) that it was considering a proposed rule so that, in addition to the importer or consignee, NVOCCs, carriers & other parties that electronically transmit vessel cargo manifest information directly to Customs may request confidentiality with respect to the name & address of the importer or consignee, related marks & identification numbers that reveal their names and addresses, and the names and addresses of their shippers. Current U.S. Customs regulations allow only the importer or consignee, or an authorized employee, attorney, or official of the importer or consignee, to make such requests for confidentiality. Only a minority of shippers exercise this right. The National Customs Brokers & Forwarders Assn. of America Inc., which represents NVOCCs, and the World Shipping Council, which represents ocean carriers, have filed strongly worded comments with U.S. Customs on their views about the proposed extension of the protection of shipper & consignee confidentiality. While the U.S. National Industrial Transportation League has not filed formal comments, it has made it known that it favors confidentiality.
***Pirates Convicted ........ as a Chinese court has jailed 10 Indonesian pirates for lengthy prison terms for the 1999 hijacking of Thai-flag M/T Siam Xanxai. Chinese nationals involved in the crime are likely to face trial. Geee, we hope so. The Chinese authorities caught the pirates as they were unloading the vessel's cargo for sale close to Nan Ao Island. Ship had been hijacked in Malaysian waters & all but one of its crew were set adrift in a small boat. The convicted men face between 10 & 15 years in prison. The court said: "It took us 4 years to hand out the sentence because it is a complicated multinational crime." Right.
***Lotsa Boxes ........ as China's top 10 container ports averaged unprecedented growth of 35% in 2002 - collectively handling 7.832 million more TEU than in 2001, and show no signs of slowing. According to rounded figures published by CI Online, more than 30.3 million TEU were handled at the 10 main ports
***How Big Is Big? ........ as A.P. Moller, the parent company of Maersk Sealand, has named a new post-Panamax containership that could be the world's largest containership afloat today. However, the owners of new ship, M/V Axel Maersk, did not indicate its container-carrying capacity. With an overall length of 352 meters & beam of 43 meters, the new ship is 5 meters longer than the 19 "S-class" vessels built for Maersk Sealand since 1997. With a stated capacity of 6,600 TEUs, the "S-class" ships are widely believed in the industry to have an actual carrying capacity of 7,400 TEUs or more. Ship was built by A.P. Moller-owned Odense Steel Shipyard & is equipped with a 12-cylinder HSD-Wartsila Sulzer diesel engine which can reach 85,500 BHP at 100 revolutions per minute. The vessel comes equipped with an education center, which can accommodate up to 10 cadets. This "S-class" is not a Mercedes.
***Bigger Norway ....... as it is expanding it's territorial waters from 4 nautical miles to 12 nautical miles. The proposed Act is designed to reduce the threat of environmental pollution from oil spills & comes in the wake of the recent M/T Prestige incident. The Act would also enable Norway to establish a 24-nautical mile zone for customs purposes. It is hoped that this will make it easier for the Norwegian authorities to intercept suspected immigrant & drug smugglers.
***Bigger Shanghai ........ as 4th phase of Shanghai's Wai Gao Qiao (WGQ4), one of China's largest container terminal complexes, has begun operations & is expected to lift the city's container throughput by 1 million TEU in 2003. The project required 33 months of construction. The 1.63 square km terminal complex contains four 14.5-meter berths, with 1,250 meters of quayline. The facility will be serviced by 12 quayside cranes each with a reach of 63 meters. M/V Maersk Jens was the 1st vessel to call at WGQ4, where it unloaded 2,545 TEU during a 20-hour stay at the new facility. In Jan, Port of Shanghai handled 860,000 TEU, an increase of 43% compared to the same period last year.
***More Lonely Singapore ........ as PSA Corp. (PSA) has announced it will trim its staff numbers by 800 in Singapore next month in order to enhance its competitiveness -- 1st lay offs in more than 20 years. The staff rationalization has become all the more necessary in today's increasingly competitive & demanding market place, the company said. Details are being worked out & changes are expected to be implemented in March this year. This will include retrenchment, expiration of contract, non-replacement of staff who retire or resign, as well as transfers to other organizations for the 800 affected by the job cuts. Expect more Singapore port changes.
***Smoke'in & Joke'in -- ......... as trucks have less time to idle at marine terminal gates in California, this year, following passage of a law sponsored by state assemblyman Alan Lowenthal (D-Long Beach) that limits the waiting time for trucks to 30 minutes. The law, which took effect on Jan. 1, penalizes terminal operators with a US$250 fine for every truck that has to wait more than half an hour to get inside terminal gates. However, terminals can avoid penalties if they stay open at least 70 hours over a five-day period or set up a truck appointment system. This new law benefits the most humble port trucker to help speed his work. These guys are poorly paid by the load and need all the help they can get.
***The Road To Morocco ....... as King Mohammed VI has launched construction works on the US$390M deepwater Tangier-Mediterranean port, the centerpiece of an ambitious US$1bn project to develop a major new logistics hub overlooking the Strait of Gibraltar.
***American Commercial Lines Fails ......... as the major barge & tugboat operator based in Jeffersonville, Ind., has filed for protection from creditors under chapter 11 of the U.S. bankruptcy code. American Commercial Lines operates some 5,000 barges & 200 towboats on the inland waterways of North & South America, and transports more than 70 million tons of freight annually. Owned by Danielson Holding Corp., American Commercial Lines was formerly part of CSX Corp.
***TEU Travel ......... as because of ever-growing demand for cargo ship travel, Int'l container shipping line, Contship Containerlines is offering passenger voyages directly to the public. The voyages are available on the 3 Newbuildings, 1st to be owned by Contship - M/V Contship Aurora, M/V Contship Australis & M/V Contship Borealis - that Contship has recently introduced the eastbound routing of its contra-rotating services in the Europe-Australasia trade. Each has a total capacity of 4100 TEU, including 1300 reefer plugs, making them the world's largest reefer containerships. The Contship Aurora provides accommodation for 5 passengers on a voyage that will take them from Northern Europe via the Suez Canal to Australia & New Zealand, returning through the Panama Canal with calls on the U.S. East Coast. The full round-trip will take nearly 70 days. For those seeking a shorter taste of sea life other route combinations & durations are available. Contship Aurora has 2 spacious twin bedded cabins & a single cabin, all offering outside views & with private showers.
***Throughput. >> Port of Long Beach handled a total of 334,346 TEU in Jan, a decline of 3% compared to Jan. 2002 -- reflecting the departure of Maersk Sealand for Port of Los Angeles -- inbound container cargo fell 6.8% to 168,186 TEU, compared with year ago -- outbound throughput fell 18.8% to 56,626 TEU. >> Port of Tacoma handled 1.47 million TEU, an increase of 11.4% over the previous year, a record for Tacoma.
***This Month in U.S. Navy History:
1778 - John Paul Jones, commanding the American vessel USS Ranger, receives the 1st official salute to the U.S. Stars & Stripes flag by a European country -- from The Republic of France -- at Quiberon.
1801 - The U.S. Senate approves peace treaty with France, ending an undeclared Naval war which began in 1798.
1804 - Lt. Stephen Decatur, with volunteers from frigate USS Constitution & schooner USS Enterprise, enters Tripoli Harbor by night in the ketch Intrepid to destroy the captured frigate USS Philadelphia. Decatur succeeds without American losses.
1813 - USS Essex becomes 1st U.S. warship to round Cape Horn & enter Pacific Ocean.
1814 - USS Constitution captures the British ships Lovely Ann & Pictou.
1840 - Officers from USS Vincennes make the first landing in Antarctica on floating ice.
1854 - Adm. Matthew Calbraith Perry anchors off Yokosuka, Japan, to receive the Japanese Emperor's reply to a treaty proposal.
1945 - Naval units enter Manila Bay for the 1st time since 1942.
2003 - God Bless Our Sailors In Harms Way.
Visit The U.S. Navy History Center
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 & 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.
SPECIAL NOTE: Please view the dramatic new pictures at our special "Gallery of Cargo Loss" website feature.
Our New Great Photo Features:
1. Our 2002 Nightmare Photo Winners
2. "Halifax Hash" -- M/V Maersk Carolina in peril.
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.
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..............
Analysis & Evaluation of The New York Society of Security Analysts (NYSSA) 2003 Insurance Industry Conference ........ 9 Feb. 2003.
Beware Deceptive Internet Marketing
California Trade Report 2003
Electronic Federal Tax Payment System (EFTPS) ........paying all your federal taxes electronically.
Society of Marine Underwriters Publications
The 5 Fulcrum Points of a Supply Chain Strategy
The Cost of Maritime Security ......... a working paper.
The Statue of Liberty
Driver Management Online
Intuitive Freight Forwarding Software
J. J. Keller's Vehicle Maintenance Manual ....... also helps track costs and repairs, & organize your shop.
Leonard's Guide Int'l Air Cargo Directory
The Globe Directory ........ Int'l marine & shipping representatives.
"Where To Build & Where To Repair" .......... 50th edition available for delivery to the Int'l shipping & marine industry in early April 2003.
Note: We do not accept payment for product mention.
Cold Supply Chain ........ 3 - 4 April, 2003, Bangkok, Thailand
eyefortransport Shipper-Carrier Technology Forum ......... Amsterdam, March 31-April 2 2003.
"Free Trade for Development?" ....... The WTO's Role in a Changing World. Be a diplomat! Try to improve the Int'l trade architecture in a realistic simulation of a WTO ministerial conference. Communicate your views on how to enhance the prospects for developing countries. June 10 - 13 · 2003 - St. Gallen & Geneva, Switzerland
Los Angeles Harbor Transportation Club 64th Annual Installation Gala & Scholarship Fund Raiser .......... 6:30PM, Saturday March 8, 2003 -- The Reef Restaurant, Long Beach Harbor. Tickets US$47 Per Person. Buffet Dinner, Entertainment by "Sherry & The Boys," Casino Games, Raffle Prizes. (562) 434-7393. Cameron Roberts, Esq. of the Countryman & McDaniel law firm will be installed as president.
The Los Angeles Transportation Club 5th Annual, Almost St. Patrick's Day, Tournament ......... Eagle Glen Golf Club in Corona, Friday, March 14 2003, 11AM Shotgun Start, Scramble
Los Angeles Transportation Club .......... Tues. March 11, 2003 11:30AM, Marriott Norwalk Hotel, 13111 Sycamore Drive, Norwalk, CA. Speaker: Brian Bowers, VP & General Manager Intermodal, Schneider National, Inc.
Pipeline Safety & Security Expo ........... May 22-23, 2003 *Crystal City Marriott *Crystal City, VA
Shipping & Logistics in China - Pearl River Delta Outlook ............9 - 10 April 2003, Shanghai Hilton, P R China
World Maritime Technology Conference .......... San Francisco 17 - 20 Oct. 2003
Hot Topic These Terrorist Days >>> Saving The Entire Free World With Duct Tape ! Miracle Protector of 2003 !
The Duct Tape Live Cam
The Duct Tape Club
The Duct Tape Diner
The Duct Tape Art Gallery
The Duct Tape Guys
The Duct Tape Guy
Stump The Duct Tape Guy
The Duct Tape Page
OUR "E" Section: The Forwarder/Broker World***
7. New U.S. Transport Related Legal Cases _______
Federal Maritime Commission
Docket No. 98-06 Feb. 12 2003
Sea-Land Service, Inc -- Possible Violations of Shipping Act of 1984
U.S. FMC administrative law judge has assessed a maximum civil penalty of US$4.1M on Sea-Land Service Inc., for "knowingly & willfully" committing tariff and forwarder-related violations of the Shipping Act of 1984. This long-running case has been in two parts. On March 5, 2002, Judge Frederick M. DolanJr., that Sea-Land was liable for certain alleged violations. His new ruling, on Jan. 30, falls in the penalty phase of the FMC proceeding. Respondents have 22 days to file comments on Dolan's penalty ruling. A final decision will be rendered in late May. Dolan ruled that Sea-Land had violated section 10(b)(1) of the act "on 149 shipments by charging shippers the inapplicable rates on cargo in 20-foot containers when Sea-Land moved the cargo in 40-foot containers. The cargo did not comply with the tariff rule as to equipment substitution since the cargo exceeded the tariff limits on weight and measure."
Sea-Land also "violated section 10(b) (4) on the same 149 shipments because the fact that the cargo's weight and measure exceeded the tariff limit for equipment substitution was concealed by an unjust and unfair device or means. Sea-Land and the shippers, acting in concert, thus misused the applicable tariff equipment substitution provision," Dolan wrote in his initial penalty decision. "Sea-Land was also found ... to have paid compensation to ocean forwarders who did not perform the statutorily mandated services ... and paid compensation to a person (with) a revoked FMC license, both in violation of section 19(d)(1) in 435 instances. Also, Sea-Land, in 170 instances, knowingly paid forwarder compensation to a forwarder who had a beneficial interest in the shipments," Judge Dolan said.
In its rebuttal argument, included in Dolan's initial penalty decision, Sea-Land said, "the scope of the Bureau of Enforcement's proposal is so far-reaching that it impacts settled forwarder practices across the industry. If a penalty is assessed for practices that are allegedly common throughout the industry, not only will Sea-Land be unfairly victimized, it would throw industry forwarder practices into turmoil." The alleged violations occurred between 1996 & 1998. Maersk acquired Sea-Land Service in late 1999 from CSX Corp. Read The Decision.
King Jewelry, Inc. v. Federal Express Corp.
Ninth Circuit U.S. Court of Appeals
No. 01-57093 Jan. 16 2003
FEDERAL COMMON LAW / CONTRACTS / SHIPPING LIABILITY - Opinion: King Jewelry, Inc. (King Jewelry) appealed the district court's grant of partial summary judgment limiting FedEx liability for damage to a shipment of candelabra.The Ninth Circuit held that the district court properly found that the candelabra were "items of extraordinary value" as defined in the contract. In addition, pursuant to the Airline Deregulation Act, federal common law governed the contractual clauses at issue. Therefore, the district court appropriately refused to allow King Jewelry to use state law to modify the liability provision. The Ninth Circuit held that the provision limiting Federal Express' liability was valid as a matter of federal common law, as Federal Express reasonably complied with the released valuation doctrine. Finally, because Federal Express conceded that it should return the excess valuation charge that King Jewelry paid, the Court modified the damages accordingly. AMENDED & AFFIRMED. Read The Decision.
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
The Cargo Letter Correspondents:
Michael S. McDaniel Esq., Editor (Countryman & McDaniel)
David Schuchman -- Interpool Corp. -- Webmaster of The Cargo Letter Archive
Cameron W. Roberts, Esq. (Countryman & McDaniel)
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