Clean Truck Fee Collection Delayed Pending Resolution of Regulatory Issues

LONG BEACH, Calif., Nov. 13, 2008 – Collection of the Clean Truck Fee (CTF) assessed by the Port of Los Angeles and Port of Long Beach, which was to have begun on Nov. 17, will be delayed pending resolution of outstanding regulatory issues. An agreement filing relating to the ports’ arrangement with PortCheck is still pending with the Federal Maritime Commission (FMC), and the fee collection will be delayed while issues relating to that filing are resolved.

“The terminal operators and ports continue to work with the FMC to resolve remaining questions about the program,” said Bruce Wargo, president and CEO of PortCheck. “We hope to resolve the issues as quickly as possible.” PortCheck Inc. is the not-for-profit company created by marine terminal operators to collect the Clean Trucks Program tariff fees and administer a ban on older trucks as required by the Ports of Los Angeles and Long Beach.

In the meantime, technical preparations for the fee collection continue. The new start date for fee collection is not yet clear, but PortCheck strongly urges cargo owners to complete preparations for claiming cargo online and paying the CTF. Prior to the availability of the official PortCheck website, PortCheck urges cargo owners that are not registered with PierPASS to register on the PierPASS site at www.pierpass-tmf.org. “We appreciate the level of cooperation from cargo owners in preparing for this new program,” Mr. Wargo said.

Once fee collection begins, non-exempt cargo will not be allowed to enter or exit from a marine container terminal unless the cargo has been claimed by a credit account or the CTF paid. Under the ports’ program, the cargo owner (the party named on the ocean bill of lading or their legal representative) is responsible for paying the CTF. All cargo must be claimed before the CTF can be paid.

(Source from: www.portcheck.org)

CBP "10+2 Rule" to become effective from January 2009

The "10+2" Security Filing proposed by CBP earlier this year will become effective from January 2009. The proposed regulation is intended to satisfy provisions outlined in the Security and Accountability for Every Port Act of 2006, which require the submission of additional data elements for improved high-risk targeting.

More infomation below:

U.S. Customs and Border Protection (CBP) has published on January 2, 2008 a Notice of Proposed Rulemaking (NPRM) requiring importers and carriers to electronically submit additional information on cargo before it is brought into the United States by vessel. The Security Filing, also known as “10+2,” is another step in the Department of Homeland Security’s (DHS) strategy to better assess and identify high-risk shipments to prevent terrorist weapons and materials from entering the United States. ( Importer Security Filing and Additional Carrier Requirements )
( Importer Security Filing and Additional Carrier Requirements; Correction )

“The Security Filing will improve CBP’s ability to target high-risk cargo by identifying actual cargo movements and improving the accuracy of cargo descriptions,” said CBP Commissioner W. Ralph Basham. “It will also improve our ability to facilitate lawful international trade by identifying low-risk shipments much earlier in the supply chain.”

This initiative strengthens cargo security by making CBP screening more efficient and effective. CBP has implemented a comprehensive, multi-layered cargo security strategy designed to enhance national security while protecting the economic vitality of the United States. These efforts include the 24-hour Manifest Rule, Container Security Initiative, Customs-Trade Partnership Against Terrorism, Non-Intrusive Inspection Techniques, Automated Targeting System, the Secure Freight Initiative, and the National Targeting Center.

The proposed regulation will require carriers to submit “10+2” additional pieces of information in order to enhance the security of the maritime environment. The additional information includes: (1) a vessel stow plan used to transmit information about the physical location of cargo loaded aboard a vessel bound for the U.S; and (2) container status messages, which report container movements and changes in status (e.g., empty or full).

In addition, the NPRM also requires importers to submit an “Importer Security Filing” containing the following 10 data elements:

• Manufacturer (or supplier) name and address
• Seller (or owner) name and address
• Buyer (or owner) name and address
• Ship-to name and address
• Container stuffing location
• Consolidator (stuffer) name and address
• Importer of record number/foreign trade zone applicant identification number
• Consignee number(s)
• Country of origin, and
• Commodity Harmonized Tariff Schedule number

Currently, CBP relies primarily on carrier manifest information to perform advance targeting prior to vessel loading. Internal and external reviews have concluded that more complete advance shipment data would produce more accurate and effective cargo risk assessments. This way resources can be focused on true threats and legitimate cargo can speed through the system as quickly as possible.

The proposed regulation is intended to satisfy provisions outlined in the Security and Accountability for Every Port Act of 2006, which require the submission of additional data elements for improved high-risk targeting.

The NPRM will soon be published in the Federal Register. Persons wishing to comment on the proposed rule may access the Federal e-Rulemaking Portal at the Regulations.gov website and follow the instructions for submitting comments to docket number USCBP-2007-0077. ( Regulations.gov )

For more information on Secure Filing "10+2", please visit CBP Security Filing page here.