From field to dinner plate 30 USPS`s regulatory
Transcription
From field to dinner plate 30 USPS`s regulatory
APRIL 2004 The Latin trade Tango www.americanshipper.com C1AS04.indd 100 From field to dinner plate 30 USPS’s regulatory shackles? 44 P&O Nedlloyd, APL recover 62 Caught in the middle of port security 70 3/18/04 3:12:41 PM ACL RollerCoasterAd(AmShip) 5/9/03 3:42 PM Page 1 ACL has transported amusement rides all over Europe and North America. In this case, we moved a real spine-tingler - one of the newest thrill seekers from Germany to Virginia. The 10-ton cylinders were driven directly onto ACL's RORO/ Containership for the ocean voyage. Nothing terrifying about it - just a routine ACL pick-up and delivery. We handled all of the inland transit details including over-theroad permits, and delivered the roller coaster to its final destination. Call ACL for your next container or RORO shipment, we're the experts in "extreme" cargo. 800-ACL-1235 www.ACLcargo.com Vol. 46, No. 4 LOGISTICS WCO widens security scope Delay in enforcing ‘shipper’ definition Chinese base for Zim Logistics Sierra Leone rebuilds customs April 2004 6 34 36 38 39 FORWARDING/NVOs 40 ‘End game’ is here 40 Bush ends GSP for 10 nations 42 Kuehne & Nagel unit takes in USCO 42 CaroTrans rolls out online booking 42 Tibbett & Britten to test RFID 42 TRANSPORT/INTEGRATORS Partial to parcel 44 50 TRANSPORT/AIR Customs helps itself on Air AMS 56 56 TRANSPORT/OCEAN 58 COSCO-style cooperation 58 China warms to stock market 58 Panama Canal gathers more data 60 P&O Nedlloyd, APL recover 62 Playing a ‘cooperative game’ 64 Keeping ‘outsiders’ out of Jones Act 65 Product tank vessels for U.S. security 66 TRANSPORT/INLAND Mexico rail, truck freight at risk NTSB faults CP, FRA for derailment 68 68 69 PORTS ‘Zero tolerance Matter of preference 70 72 74 SERVICE ANNOUNCEMENTS TACA lines reaffirm westbound rate hikes ... COSCO adds Shanghai/Long Beach shuttle ... Yang Ming, ‘K’ Line, Hanjin add Pacific link ... Med Shipping adds 4th Asia/Europe loop ... P&O Nedlloyd to exit Europe/East Med service ... Norasia targets Asia/Med with link ... New U.S./India discussion agreement ... Africa/South America service added ... CaroTrans expands South Africa service DEPARTMENTS Comments & Letters Shippers’ Case Law Corporate Appointments Service Announcements Editorial 2 76 77 78 80 On the Cover The Latin trade tango 6 Western hemisphere politicians are working on a grand plan for a free-trade agreement of the Americas that could materialize in several years. But the reality of doing business in the region today is complicated and problematic. American Shipper examines the factors driving exports, imports and ocean shipping in the U.S./ Central America and U.S./South America trades. From field to dinner plate 30 These days when a cow gets sick the entire meat industry goes to the infirmary. This was certainly the case when the U.S. government acknowledged Dec. 23 that a single cow tested positive for “mad cow” disease. While livestock diseases continue sending ripples through the marketplace, more meat shippers and technologists look to better supply chain tracking systems on a global level to improve food safety and help avoid wide-scale import bans. USPS tries to shake regulatory shackles 44 A confluence of bad circumstances has members of U.S. Congress, the General Accounting Office, postal officials, customers, private sector competitors and others warning of further rate increases and service interuptions unless the U.S. Postal Service’s charter is modernized. Yet while the USPS’s free market approach opens doors to new business, the government agency encroaches on the turf of integrators such as FedEx and UPS. Caught in the middle 70 Carriers and shippers will likely suffer the consequences when ports don’t comply with the July 1 deadline for implementation of the International Ship and Port Facility (ISPS) Code of the International Maritime Organization. As government and industry reports say carriers as well as ports lag in complying with the ISPS Code, ports in developing countries will also be at risk because they lack the funds to make necessary security improvements. Subscribe online at www.americanshipper.com AMERICAN SHIPPER: APRIL 01_04AS04.indd 1 2004 1 3/18/04 3:44:00 PM Guarding sensitive U.S. shipper data Before the U.S. government decides to feed commercial shipper information to a foreign government in the name of security, it should first listen to what the industry has to say. The Department of Homeland Security has recently approached the Census Bureau about sharing shipper’s export declaration information contained in the Automated Export System with some of its overseas government counterparts. The belief is that sharing this type of information could help the United States and its allies in the war against terrorism to better target “high risk” shipments moving through the global supply chain. However, many industries, especially U.S. agriculture, have lots to lose if their key commercial information should fall into the hands of zealous overseas trade policymakers and shippers. “As agriculture remains the largest U.S. export and thus the largest contributor to the positive U.S. balance of trade, any interruption or burden to the export process can quickly result in the loss of hundreds of millions of dollars of U.S. exports as foreign buyers seek alternative supplies,” warned Peter Friedmann, executive director of the Agriculture Ocean Transportation Coalition, in a recent letter to Census Bureau officials. Friedmann’s letter cited the terrible impact of naturally occurring diseases alone on U.S. agricultural trade, such as the recent overseas import bans due to a bovine spongiform encephalopathy case and avian influenza outbreak in the poultry sector. “Thus our government must be extremely cautious before imposing any new requirements that could increase the costs for U.S. exports or create an unfavorable export environment,” he said. Vol. 46 No. 4 April 2004 In the case of agriculture, foreign governments often protect their farmers from outside competition through tariff and nontariff barriers. Shipper’s export declarations contain confidential and proprietary information, such as the U.S. principal party in interest’s identification details and shipment values. “While we see no problem in providing aggregate (Harmonized Tariff) Schedule B value data to foreign governments, we do not believe that the U.S. government should provide foreign governments with the value of specific shipments,” Friedmann said. It’s uncertain whether the U.S. government is weighing these considerations carefully. A Census Bureau spokesman said the agency has no comment on the issue at this time. (Chris Gillis) Security rhetoric International trade issues are gaining more prominence in the U.S. presidential campaign. Outsourcing of jobs to foreign sources where there is cheaper labor was a hot topic during the primaries. Recently, Democratic presidential candidate John Kerry injected the issue of cargo security into the national debate when he accused President Bush of failing to do enough to protect airports and seaports from terrorist attacks. “We will reduce the spread of nuclear and biological and chemical weapons and better guard our ports,” Kerry promised. Kerry’s comments raise the visibility of port security issues in the eye of the general public, which has been focused on airport security since the Sept. 11, 2001 terrorist attacks. His brief comments were part of a broader critique on homeland Publisher Hayes H. Howard Jacksonville [email protected] Editorial David A. Howard, Editor Jacksonville [email protected] American Shipper is published monthly, except one additional issue for the Southern Region only. Published on the 15th of each preceding month by Howard Publications, Inc., 300 W. Adams St., Suite 600, P.O. Box 4728, Jacksonville, Florida 32201. Periodical postage paid at Jacksonville, Florida, and additional mailing offices. Subscriptions $30 per year for 12 issues; $365 for air mail. Telephone (904) 355-2601. Gary G. Burrows, Managing Editor Jacksonville [email protected] American Shipper (ISSN) 1074-8350) Eric Kulisch, Associate Editor Washington [email protected] POSTMASTER: Send Change of Address Form 3579 to American Shipper, P.O. Box 4728, Jacksonville, Florida 32201. Printed in U.S.A. Copyright © 2004 Howard Publications, Inc. To subscribe call 1 (800) 874-6422 or on the Web at www.americanshipper.com 2 AMERICAN SHIPPER: 01_04AS04.indd 2 APRIL Philip Damas, International Editor London [email protected] Christopher Gillis, Deputy Editor Washington [email protected] Robert Mottley, Feature writer New York [email protected] Francis Phillips, Shipping Research London [email protected] Simon Heaney, Research Assistant London [email protected] Beth Voils, Art Director Jacksonville [email protected] Advertising James Blaeser, Marketing & Sales Coordinator New York [email protected] Nancy B. Barry Jacksonville [email protected] Circulation Karyl DeSousa Kerry Cowart Kathy Houser Jacksonville [email protected] New York (212) 422-2420 Fax: (212) 422-0047 61 Broadway, Suite 1603 New York, N.Y. 10006 London +44 (20) 8970-2623 Fax: +44 (20) 8970-2625 Empire House Empire Way, Wembley North London HA9 0EW, England Washington (202) 347-1678 Fax: (202) 783-3919 National Press Bldg., Rm. 1269 Washington, DC 20045 Jacksonville (800) 874-6422 (904) 355-2601 Fax: (904) 791-8836 300 W. Adams St., Suite 600 P.O. Box 4728 Jacksonville, FL 32201 2004 3/18/04 2:57:07 PM Intermarine Paul Amer Ship 6/6/03 11:41 AM Page 1 EXPERTISE> Finding the right transport solution requires people with the knowledge to understand your particular problem and the experience to evaluate alternatives. People you can rely on are Intermarine’s most important asset. Our people identify the right ship. Our people determine the safest and most efficient handling techniques. And our people supervise all operations. Don’t just look for a vessel to move your cargo, look for the people that make your cargo move. ability Intermarine. w w w. i n t e r m a r i n e u s a . c o m security that the senator delivered to the International Association of Fire Fighters legislative conference. His campaign also released a summary of his positions on homeland security, in which he says air travel is still not safe in part because most cargo on passenger planes is not screened for explosives, and there are no requirements for criminal background checks for cargo handlers. Kerry’s homeland security plan calls for investing in technology to track the movement and scan the contents of containers, determine whether they contain radioactive material or hazardous chemicals, develop security standards for ports and hire more Customs inspectors. Several Democratic lawmakers have repeatedly claimed during the last year that there is a large gap between the amount of funding requested by the Bush administration and legislative mandates to protect the nation’s port infrastructure and vessels. The administration has said it is being careful not to waste money, and that private industry should foot much of the bill for protecting maritime commerce. House Minority Leader Nancy Pelosi, D-Calif., cited the need for inspecting 100 percent of inbound cargo containers during the Democratic response to the president’s State of the Union message in January. Most experts say it is unrealistic to physically inspect the majority of containers without stopping the flow of transportation and crippling the economy. Rep. Edward Markey and some fellow House Democrats have railed about the need for screening all cargo on passenger planes rather than relying on the “known shipper” program that essentially allows cargo on planes without a physical or X-ray search if it comes from a trusted shipper that has met government security requirements. But here too, experts say, searching every piece of cargo would be cost-prohibitive and essentially kill air transport as a viable way to move parcels and freight. The trouble with political rhetoric is that it is too simplified. Kerry and the Democrats make it sound like they would start container and port security programs from scratch, where none existed before. Has the Bush administration done enough on the homeland security front, especially in the area of freight transportation? Probably not. The U.S. Coast Guard says it will take at least $5 billion during the next 10 years to meet the infrastructure, technology and personnel requirements set up in the Maritime Transportation Security Act of 2002 to protect the nation’s seaports from a terrorist attack. In the last couple of years, the Bush administration and the Republican-controlled Congress have provided about $300 million in security grants to ports and port users. And the TSA has lagged in developing a strengthened security program for air cargo security. On the other hand, the Bureau of Customs and Border Protection has been very aggressive about instituting end-to-end supply chain security programs that deal with ensuring the integrity of containers before and during transit. So Kerry needs to be more specific in his criticism. When he says he will invest in a system of container security that will track containers and determine if their cargo is risky, he should know that the Container Security Initiative, Operation Safe Commerce, and the Customs-Trade Partnership Against Terrorism are already in place and growing. The question is whether the relatively paltry sums the Bush administration is giving the Customs is adequate to really provide meaningful security as fast as needed. An extra $12 4 AMERICAN SHIPPER: 01_04AS04.indd 4 APRIL million here or there for CSI or C-TPAT is really chump change, because it is going to take a whole lot more than a few million dollars to protect a nation with so many ports participating in international trade. The debate needs to focus on whether the Bush administration is providing token or meaningful support to existing programs. (Eric Kulisch) No fish story Fish is often referred to as health food, but is it? If you read the U.S. General Accounting Office’s recent report evaluating the Food and Drug Administration’s inspection of seafood imports, you may want to put down your fork. More than 80 percent of the seafood consumed by Americans today is imported. The FDA is supposed to ensure that the public health and safety of these imports is upheld. The GAO’s report, released in early March, faulted the FDA for not implementing its recommendations from 2001 to improve seafood import oversight in the United States. Specifically, the GAO said the FDA failed to implement recommended “equivalence agreements” with seafood export countries. “Equivalence agreements that commit U.S. trading partners to maintain comparable food safety systems are an efficient way to ensure imported seafood safety,” the GAO said. Unlike the FDA, the U.S. Department of Agriculture certifies that countries exporting food products to the United States have equivalent food safety systems. The GAO said, “establishing these types of agreements would shift some of FDA’s burden for ensuring seafood safety to foreign governments” and “would allow FDA to focus its limited resources on seafood products from countries with less advanced food safety systems.” The GAO also criticized the FDA for failing to communicate serious product deficiencies found during inspections so that potentially contaminated seafood imports are examined before they enter the country. In addition, the GAO said the FDA continues to experience long delays between finding deficiencies and taking action. The GAO found in its review of foreign firm inspection records that it took about 348 days for FDA to alert staff at the ports of entry about serious safety problems identified at six overseas firms. The GAO said this problem stems from the FDA’s failure to prioritize its enforcement actions when violations occur, a problem compounded by the agency’s lack of systems to track the time involved in documenting, reviewing, and processing enforcement actions. The GAO recommended several specific actions the FDA could take to improve its inspection of seafood imports, including: • Commissioning seafood inspectors from the National Oceanic and Atmospheric Administration’s Seafood Inspection Program. • Using state regulatory laboratories and/or private laboratories to augment FDA’s testing of seafood imports. • Developing a program to use third-party inspectors to augment its program. The FDA acknowledged some of the problems identified in the GAO’s report, but emphasized its limited inspection resources and competing priorities, such as implementation of the 2002 Bioterrorism Act. It sounds like the GAO may have to recycle this report in another two years. (Chris Gillis) 2004 3/18/04 2:57:46 PM YourDoorway-AmShipper 3/8/04 10:18 AM Page 1 Your doorway to world markets. Linking North America with Latin America, Asia, Australia/New Zealand and the South Pacific Islands. For more information dial 1-800-901-SHIP or visit us at www.hamburgsud.com No matter what. The Latin trade Tango Economic, regulatory moves further complicate markets for exporters, importers, transport providers. 06_29AS04.indd 6 3/18/04 11:28:04 AM W estern Hemisphere politicians are working on a grand plan for a free-trade agreement of the Americas that could materialize in several years. But the reality of doing business internationally in the region, today, is complicated and problematic for exporters, importers and their transport providers, with little growth in most markets. South America’s chronic economic instability, including recession in some cases, has afflicted several countries, notably Venezuela. There are also unsettling prospects of change in the U.S. preference programs with Central America, and the impact of ending textile quotas in the United States. Add to this environment the global competition for access to the U.S. market between low-cost Asian exporters and Central American exporters. For the many carriers active in the inter-American trades, the region is characterized by intense competition, port strikes and labor problems in South America, rising vessel and inland costs on all routes, and widening cargo imbalances on several South American routes. Optimism of the benefits that could be gained through creation of the Free Trade Association of the Americas must be tempered with the complicated prospect of melding some 20 disparate trade agreements into a single bloc. American Shipper examines the factors driving exports, imports and ocean shipping in the U.S./Central America and U.S./South America trades. AMERICAN SHIPPER: APRIL 06_29AS04.indd 7 2004 7 3/18/04 2:40:39 PM LOGISTICS Central American shifts Local exporters look to free-trade pact to gain bigger share of U.S. market. BY PHILIP DAMS T he two-way trade in goods between the United States and Central America will be affected by regulatory and economic forces. Traditionally, Central America has been important to the United States in the chemical and apparel industries and agriculture. Complex production patterns that involve yarn production in the United States and final assembly in Central America for re-export to the United States became well-established under the former “807” trade program and successor preference programs. But these arrangement are questioned by three structural shifts: • Asian competition has undermined the ability of Central American exporters of manufactured goods and apparel to retain their customers in the United States. • The United States will remove its textile and apparel quotas on Jan. 1. • The United States is negotiating the Central American Free Trade Agreement (CAFTA) with Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. The Bush administration also intends to include the Dominican Republic in the agreement. In a report published in December, a division of the law and trade advice firm Sandler, Travis & Rosenberg P.A. said the end of textile and apparel quotas “will have a dramatic effect on Central American production since the protection offered by quota will be removed.” The law firm said CAFTA “represents probably the last opportunity to ensure that regional textile and apparel production will be able to compete, and therefore survive, in a quota-free world after 2004.” Commenting on the introduction of the Caribbean Basin Trade Partnership Act (CBTPA) in 2000, Sandler, Travis & Rosenberg said, “apparel entering under CBTPA has largely replaced imports previously made under the 807 and 807-a programs, but has not itself emerged as a source of growth for the region.” Rinus Schepen, senior vice president and general manager, Latin America services for Crowley Liner Services said the carrier’s customers in Central America are “very enthusiastic” about CAFTA taking place. 8 AMERICAN SHIPPER: 06_29AS04.indd 8 APRIL “Import duties will change,” Schepen noted. “That can only enhance, in both directions, the cargo flows.” He hopes the free-trade agreement will help Central American exporters compete against Far Eastern exporters. Asian manufacturers have had the advantage of lower labor costs, but the disadvantage of long transit times to ship goods to the United States, he said. “Transit times favor Latin America,” Schepen said, noting average transit of two to three days. By contrast, Asia-to-U.S. transit times range between 24 and 29 days, according to Crowley. “There is a timing difference in the transportation of the goods, but it is hard for Central American countries to compete,” he said. He also stressed the link between Central America’s export earnings and its resulting purchasing power. If trade volumes from Central America to the United States rise, they will consequently also increase in the southbound direction, Schepen said. Apparel companies are following the CAFTA discussions very closely. The apparel and chemical industries are among the largest in Central America, he said. Schepen believes Nicaragua could be the Central American country to benefit most from a future CAFTA trade pact. Nicaragua exports only about $801 million a year of goods to the United States, according to 2003 statistics from the U.S. Census Bureau (see table 1). “There is a lot of uncertainty about what is going to happen,” said Craig Mygatt, director of Central American and Caribbean services at Maersk Sealand. Mygatt expects that China, with its lower manufacturing costs, will continue to increase its share of U.S. textile imports. “Central America cannot compete against Chinese costs,” he said. On the other hand, “there are some customers that are scared of putting all their eggs in one basket,” Mygatt noted. This policy, combined with proximity to the U.S. market, could help keep textile businesses in Central America. Mygatt also believes the free-trade agreement will boost Central America’s agricultural exports, such as melons, to the United States. Ocean carriers provide frequent service connecting ports in Florida, the U.S. Gulf and Table No. 1 Trade in goods U.S./Latin America countries (In $millions) U.S. exports (FAS basis) 2002 2003 % chng South America Argentina Brazil Chile Colombia Ecuador Peru Uruguay Venezuela Central America Costa Rica El Salvador Guatemala Honduras Nicaragua Panama U.S. imports (CIF basis) 2002 2003 % chng $1,585.4 $12,376.0 $2,609.0 $3,582.5 $1,605.7 $1,562.5 $208.6 $4,429.7 $2,435.4 $11,218.3 $2,719.3 $3,754.7 $1,448.4 $1,706.8 $326.8 $2,839.5 54% (9%) 4% 5% (10%) 9% 57% (36%) $3,434.1 $16,690.2 $4,353.7 $5,933.4 $2,388.4 $2,084.5 $202.9 $15,813.3 $3,435.0 $18,964.7 $4,323.3 $6,790.0 $3,030.3 $2,572.4 $271.1 $18,074.3 0% 14% (1%) 14% 27% 23% 34% 14% $3,116.5 $1,664.1 $2,044.4 $2,571.1 $437.0 $1,406.7 $3,414.2 $1,823.8 $2,273.6 $2,844.9 $502.8 $1,848.0 10% 10% 11% 11% 15% 31% $3,339.3 $2,038.4 $2,972.2 $3,393.6 $707.3 $321.0 $3,581.7 $2,076.7 $3,151.0 $3,453.8 $801.1 $318.6 7% 2% 6% 2% 13% (1%) Total 14 countries $39,199.2 $39,156.5 0 $63,672.3 $70,844.0 11% For the purpose of this analysis, Mexico and Spanish-speaking Caribbean countries are excluded from the list of Latin countries. Source: U.S. Census Bureau. 2004 3/18/04 11:21:26 AM Brooks-NCSC 3/12/04 1:03 PM Page 1 "WE’VE GOT A BOAT-LOAD OF C-TPAT COMPLIANT PRODUCTS" "Offering the industry's most comprehensive range of innovative, high quality, security seals is certainly a competitive advantage. However, knowing which will best solve your particular security situation, well, that's the real Brooks advantage. An important part of my job is to make sure every Brooks service representative undergoes extensive training, not only about our products, but also about security systems. "Whether it’s truck, intermodal, rail or airline cargo, we’re certain to have the best solution to your cargo security problems. "You’ve got plenty of choices in security companies, but only one gives you the most choices and the people to help you make the right ones. Brooks – the right choice. Call us. We’ve got your solution." "Now, with the ever-present concern for containerized cargo, these service representatives also learn to analyze and help identify potential security problems. This training, coupled with practical field experience, arms them with the knowledge to recommend the optimal security devices from our extensive line of ISO/PAS 17712 and C-TPAT compliant high security seals. www.brookseals.com Dave Hawking, National Sales Manager Security Products Group Reusable Trans-Lok SeaLock Jr. Keeper SeaLock e-Seal Intermodal II (800) 458-SEAL ( 7 3 2 5 ) Tel: 973-597-2900 • Fax: 973-597-2919 www.brookseals.com • [email protected] MORE CHOICES. MORE SOLUTIONS.SM LOGISTICS main port destinations in Central America. Schepen said that on this trade route Crowley runs three sailings a week from Florida and another three from the U.S. Gulf. Maersk Sealand also runs multiple services from the Florida and the U.S. Gulf to Central America. To reflect the importance of apparel shipments, the carrier has called its Florida/Guatemala/Honduras services Fashion Express 1 and Fashion Express 2. Crowley Maritime Corp., the parent company of Crowley Liner Services, reported that freight rates in its Latin American services decreased 1 percent in the third quarter of 2003 “due to competitive pressures and declining economic conditions in Latin America.” The large number of ocean carriers operating in the U.S./Latin trades provides another measurement of competition among carriers (see table 2). Crowley, Maersk Sealand, Seaboard and APL are believed to be the largest ocean carriers in the U.S./Central America trade. But carriers are seeking to raise rates in the U.S./Central America trades. Carrier members of the Central American Discussion Agreement are considering potential increases in ocean freight rates. Discussion agreement members are APL, Caribbean American Line, Crowley Liner Services, Dole Ocean Cargo Express, King Ocean, Great White Fleet, Lykes Lines, Maersk Sealand and Seaboard Marine. “We, as carriers, are looking at rate stability and rate recovery,” Schepen said. It’s getting increasingly difficult for shipping lines to operate in the U.S./Central America trade because of the steady increases in vessel charter rates. Mygatt estimates the cost of chartering a typical ship with limited intake in this trade has soared 70 to 80 percent over the past year, from about $7,000 to $12,000-13,000 a day. Higher charter rates are “99 percent of the reason” why the carriers in the Central American Discussion Agreement are considering price increases, Mygatt said. “Cost for carriers have increased,” including fuel and inland transport costs, Schepen said. Last year, Crowley Logistics acquired Apparel Transportation Inc., a Miami-based apparel transportation services provider. Apparel Transportation provides air, ocean and inland transportation services to apparel and textile customers throughout the United States and Central America. Crowley also has a license to ship medicines, medical equipment, food and charitable goods from the United States to Cuba. It resumed its U.S./Cuba service in 2001, but is only allowed to ship cargoes southbound. “Our volumes are steadily 10 AMERICAN SHIPPER: 06_29AS04.indd 10 APRIL Table 2 Carriers providing direct U.S./Latin America liner services East Coast of South America Brazil Alianca, APL, Bossclip, Clipper Interamerican Carriers, CMA CGM, CSAV, Evergreen, Hamburg Sud, Hanjin, Intermarine, Libra, Lykes Lines, Maersk Sealand, Mediterranean Shipping Co., Montemar, P&O Nedlloyd, Safmarine, TMM Lines, Wallenius Wilhelmsen, Zim Argentina Alianca, APL, CMA CGM, CSAV, Evergreen, Hamburg Sud, Hanjin, Intermarine, Libra, Lykes, Maersk Sealand, Mediterranean Shipping Co. Montemar,P&O Nedlloyd, Safmarine, TMM, Zim Uruguay CMA CGM, Hanjin, Montemar, Zim North Coast of South America Venezuela Alianca, APL, Associated Transport Line, Bossclip, CCNI, Crowley Liner Services, CSAV, Evergreen, Hamburg Sud, Intermarine, King Ocean, Libra, Lykes, Maersk Sealand,Mediterranean Shipping Co., MOL, Nordana Line, P&O Nedlloyd, Safmarine, Seaboard, SeaFreight, TMM Colombia Alianca, APL, Associated Transport Line, CCNI, CLAN, CMA CGM, Contship, Crowley Liner Services, CSAV, Dole, Frontier, Hamburg Sud, Intermarine, Isabella Shipping, Italia, King Ocean, Libra, Lykes, Maruba, Mediterranean Shipping Co., MOL, Nordana, P&O Nedlloyd, Seaboard, Smith & Johnson Carriers, TMM, Wallenius Wilhelmsen West Coast of South America Colombia (Pacific) APL, CCNI, CMA CGM, Hamburg Sud, Interocean, Mediterranean Shipping Co., NYK, Trinity Shipping. Ecuador APL, Associated Transport Line, CCNI, CMA CGM, CSAV, Dole, Ecuadorian, GGE Express, Hamburg Sud, Intermarine, Interocean, Mediterranean Shipping Co., Network Shipping, Trinity Shipping, Wallenius Wilhelmsen Peru APL, Associated Transport Line, CCNI, CLAN, CMA CGM, CSAV, Dole, GGE Express, Hamburg Sud, Intermarine, Interocean, Maruba, Maersk Sealand, Mediterranean Shipping Co., Seaboard, Trinity Shipping Chile APL, CCNI, CLAN, CMA CGM, CSAV, Hamburg Sud, Maruba, Maersk Sealand, Mediterranean Shipping Co., Seaboard, Wallenius Wilhelmsen Central America Guatemala APL, CCNI, CLAN, Contship, Crowley Liner Services, Dole, Great White Fleet, Hamburg Sud, Italia, “K” Line, Lykes, Maersk Sealand, Maruba, Nordana, NYK, Seaboard, TMM, Wing Bridge El Salvador (Pacific)* APL, Maersk Sealand, NYK Costa Rica Alianca, APL, CCNI, CLAN, Crowley Liner Services, CSAV, Dole, Great White Fleet, Isabella Shipping, King Ocean, “K” Line, Libra, Lykes, Maersk Sealand, Maruba, MOL, Nordana, NYK, Seaboard, TMM, Wing Bridge Honduras APL, CCNI, Crowley Liner Services, CSAV, Dole, Great White Fleet, King Ocean, “K” Line, Libra, Lykes, Maersk Sealand, MOL, Nordana, Seaboard, TMM, Wing Bridge Nicaragua Bernuth Lines, NYK Panama APL, CCNI, China Shipping Container Lines, CLAN, CMA CGM, Contship, Crowley Liner Services, CSAV, Evergreen, Hamburg Sud, Hapag-Lloyd, Hatsu Marine, Hyundai Merchant Marine, Interocean, Italia, “K” Line, Lloyd Triestino, Libra, Lykes, Maersk Sealand, Marfret, Maruba, MOL, Nordana, NYK, OOCL, P&O Nedlloyd, Seaboard, TMM, Trinity Shipping, Wallenius Wilhelmsen, Zim *Carriers also generally provide service to and from El Salvador overland via Honduras on the Caribbean coast. Notes: Carriers providing only transshipment services to and from a particular country are not listed above. For the purpose of this analysis, Mexico and Spanish-speaking Caribbean countries are excluded from the list of Latin countries. Abbreviations: CCNI = Compania Chilena de Navegacion Interoceanica CSAV = Compania Sud Americana de Vapores; Source: ComPair Data, the global liner-shipping database. 2004 3/18/04 11:21:53 AM ABK/338/OnCourse/AmerShipper 1/28/04 2:42 PM Page 1 On Course, On Time, On Top of theWorld Mediterranean Shipping Company (MSC) has reached the summit in worldwide container shipping. A young company driven by a spirit of maritime tradition, MSC now ranks number two in ocean transportation providing top-level customer service. Geneva based, privately owned and financially solid, MSC credits its rising success to hard work, clear vision and focused sense of direction. Networked with their own offices around the world, MSC’s business performance is basic – offering more services, capacity, and reliable consistent delivery for good value. Foresight and a firm grip on the pulse of a progressive industry have MSC – on course, on time and on top of the world. MEDITERRANEAN SHIPPING COMPANY WE BRING THE WORLD CLOSER (212) 764-4800, NEW YORK www.mscgva.ch ATLANTA 770-953-0037 LOS ANGELES 949-660-1100 BALTIMORE 410-631-7567 MIAMI 305-477-9277 BOSTON 617-241-3700 NEW ORLEANS 504-837-9396 CHARLESTON 843-971-4100 NORFOLK 757-625-0132 CHARLOTTE 704-357-8000 WILMINGTON, N.C. 910-392-8200 CHICAGO 847-296-5151 CLEVELAND 440-871-6335 BAHAMAS, FREEPORT/NASSAU 242-351-1158 DALLAS 972-239-5715 MONTREAL, CAN 514-844-3711 DETROIT 734-955-6350 HOUSTON 713-681-8880 TORONTO, CAN 416-231-6434 VANCOUVER, CAN 604-685-0131 LOGISTICS Less instability in South America? Venezuelan imports from U.S. have collapsed, but rest of South America does not suffer to the same degree. BY PHILIP DAMAS T he port of Miami, the main hub of the U.S./Latin America trade, has seen South American cargo volumes lag, when compared to volumes from Asia. For the port’s fiscal year ended Sept. 30, 2003, “South America as a region continued to decline ... 13.23 percent; Venezuela specifically dropped approximately 49 percent and the outlook there is still one of concern,” said Andria Muniz, seaport public affairs officer at the port of Miami. By contrast, Asia cargo volumes posted “very strong growth figures” with an increase of about 23 percent. Venezuelan cargoes shipped to and from the port of Miami declined to 220,000 tons in the port’s fiscal year ended Sept. 30. “It’s changed drastically last year,” Muniz said. Venezuela used to be one of the top five countries in cargo volumes at the port of Miami, but dropped to sixth last year. The port said the North Coast of South America in general is still in the recovery phase, with Colombia the only market in that region posting a modest gain in cargo volumes, and that the West Coast of South America “posted negative growth” in cargo volumes at the port. But Central America posted 3.17-percent growth in the latest fiscal year, and countries on the East Coast of South America also generated increased volumes. “The southern cone markets of Brazil (up 47.58 percent), Uruguay (up 24.04 percent) and Argentina (up 8.19 percent)... posted positive growth and that trend should continue,” Muniz said. Venezuelan Instability. Venezuela, once a dynamic, oil-rich economy, has still not recovered from its crisis of economic and political instability begun in 2002. U.S.-to-Venezuela cargo volume “is probably still down by 60 or 65 percent” from its former level before the downturn, said Rinus Schepen, senior vice president and general manager, Latin America services at Crowley Liner Services. “We at Crowley 12 AMERICAN SHIPPER: 06_29AS04.indd 12 APRIL are following this very closely.” “Venezuela continues to provide major challenges for shippers due to ongoing economic and political instability, high unemployment and a significant loss of consumer buying power,” said Frank Larkin, senior vice president, Latin American services, for Hamburg Sud North America. In January, the Hamburg Sud carrier name replaced those of Columbus Lines and Crowley American Transport in the interAmerican trades. Cargo volumes from the United States to Venezuela dropped Larkin about 38 percent in 2003 to 56,000 TEUs from 90,000 for 2002, according to Hamburg Sud. Some believe the worst is over for Venezuela’s economy. “Venezuela was terrible in 2003,” said Craig Mygatt, director of Central American and Caribbean services at Maersk Sealand. The country is “now looking stronger,” but Mygatt cautioned the country is beset by other problems. Maersk Sealand reported in early March that a new major strike of workers has started in Venezuela. “Basically, no one is working now,” Mygatt said. “The market does appear to be showing some early signs of recovery,” Larkin said. “The current GDP is showing a growth Schepen rate of about 7 percent against a double-digit decline a year ago. Vehicle sales are starting to recover, and there is hope that a roughly 20-percent devaluation of the Bolivar may help stimulate exports,” he added. However, currency controls in Venezuela, designed to control potential capital flight from the country, “make it a very challeng- ing environment in terms of processing business transactions,” the Hamburg Sud executive said. U.S./Venezuela Impact. Hamburg Sud has continued to provide fixed-day weekly service to and from Venezuela, but has rationalized its services in coordination with service partners to reduce the number of ships used. Seaboard Marine, one of the largest carriers in the U.S./Venezuela trade, has seen its operating income decline for a second year in a row, reaching $5.8 million last year as compared to $16.6 million in 2002. This was largely due to the unstable political and economic situation of Venezuela. “Operating income was significantly lower in 2003 because of continuing economic disruption in Venezuela,” said H.H. Bresky, chairman, president and chief executive officer of Seaboard Corp., the parent company of Seaboard Marine. “In addition, higher fuel and charter hire costs affected earnings.” Seaboard Marine experienced a decrease in average cargo rates and “a significant decline” in volumes in the Venezuelan and related markets, the company said. The carrier’s average operating profit margin declined to 1.4 percent of revenue in 2003 from 4.3 percent in 2002. However, Seaboard Marine increased its operating income in the fourth quarter of 2003 compared to 2002, a change that prompted the company to say this may be “potentially indicating better future operating results.” Seaboard warned, though, that the duration and extent of reduced shipping demand attributed to the economic contraction in Venezuela “will continue to affect future results while shipping demand for affected South American routes remains depressed.” Commercial activity in Venezuela has not yet recovered from the general strike that began in December 2002 and ended in February 2003, Seaboard reported. Port Problems. Brazilian ports are notorious for their chronic strikes. Hamburg Sud said the region’s additional costs include “strikes which have been sporadic but persistent in Brazil and in Peru.” “These have included work stoppages by Brazilian customs officials and health inspectors and Peruvian stevedores,” Larkin said. Venezuelan port problems have also disrupted liner services and added costs. In a recent report, Ocean Shipping Consultants said capacity is “likely to be most constrained at ports in South America — on 2004 3/18/04 11:22:10 AM PORT 100 Big&Tall 8.25x10.875 12/2/03 10:20 AM Page 1 LOGISTICS both seaboards, but especially the Pacific — and on North America’s Northeast and Mexican Gulf ranges.” Over 1995-2002, South American container port throughput increased 87 percent to 7.69 million TEUs, according to the report, Containerization in the Americas to 2015. The report noted the “stalling privatization” and resulting investment pressures at ports in South America. Argentina, Brazil Recovery. Vincent Clerc, director of South America services at Maersk Sealand, sees a tentative recovery of the southbound trade from the United States to the East Coast of South America. He said the appreciation of the Brazilian currency, the real, against the dollar is helping U.S. exports. This marks the start of a reversal after the previous depreciation of the real against the dollar. There has been a somewhat “erratic recovery” of southbound cargo volumes over the past three months, but it is too soon to say whether this is the beginning of a trend, Clerc said. But the revival of the U.S.-to-Brazil trade has not spread to Argentina. “We’re still far from where we were before the (Argentinian) crisis,” Clerc said. Ocean carriers are facing an acute imbalance between northbound and southbound full container volumes, with a ratio of 2-1, Clerc said. The southbound trade “really plummeted after Argentina went down.” In recent years, northbound volumes from the East Coast of South America to the United States have continued to increase. Larkin said the export market from Brazil “continues very strong northbound.” “The da Silva government has proven to be skilled managers of the economy and there has been robust growth,” he added. Larkin believes the Argentina economy is showing continued signs of slow but steady recovery. “Estimates are for a GDP growth this year of over 4 percent, which is very heartening given the tremendous problems facing the country over the past two years, and up about a percentage point from estimates earlier in the year,” he said. “Exports are starting to pick up and equally encouraging is that imports of the raw materials used in manufacturing are also starting to rise as well,” Larkin added. Clerc said Maersk Sealand has been rolling cargo over to the next sailings due to strong traffic volumes for the past five to six weeks. This trend occurred during the slack period, which takes place in the first four months of the calendar year. “Supply and demand is going to push rates up,” Clerc said. 14 AMERICAN SHIPPER: 06_29AS04.indd 14 APRIL Hamburg Sud, Maersk Sealand and other carriers operate a major vessel-sharing and slot-charter agreement in the U.S. East Coast/East Coast of South America trade that utilizes ships of 2,500 to 3,800 TEUs (see table 3, page 16). Maersk Sealand provides a dense network of Latin American services covering all coasts of the United States and of South and Central America in different combinations. Its operates direct all-water services from: • The U.S. East Coast to all coasts of South America and the East Coast of Central America. • The U.S. Gulf Coast to the East and North coasts of South America and the East Coast of Central America. • The U.S. West Coast to the West coasts of South and Central America. “We’re still far from where we were before the (Argentinian) crisis.” Vincent Clerc director of South America services, Maersk Sealand The carrier also serves complementary trades, such as the U.S. West Coast to the East coasts of South and Central America, by transshipment over Panama. “Overall, the trade is highly imbalanced although the trade for dry containers is fairly balanced,” Clerc said of the U.S./West Coast of South America market. “There is some growth expected southbound, but it is limited.” Clerc sees more potential for growth in the Far East/Chile trade than in the U.S./ Chile market. Larkin said Chile’s recent signing of a free-trade agreement with the United States “holds good prospects for across-the-board growth in trade volumes with North America in the months ahead.” Chile already has a free-trade agreement with Canada, and recently signed a similar agreement with the European Union. “As with the East Coast, northbound trade volumes from Chile and other West Coast nations have been positive, while southbound shipments have lagged,” Larkin said. “Redressing resulting equipment imbalances on both coasts is a continuing challenge and an added cost of doing business in the current economic climate.” Vessel Routing Changes. In the trade between the West coasts of North and South America, several carriers had adopted a vessel routing of Asia/West Coast of North America/West Coast of South America/West Coast of North America/Asia. But while this routing was believed to save costs for carriers, it caused compliance complications due to U.S. Bureau of Customs and Border Protection rules on cargo declarations, and has now become unpopular. In February, Hamburg Sud and Compania Chilena de Navegacion Interoceanica (CCNI) said they would stop calling at the port of Long Beach, Calif. on one of their Asia/West Coast of South America services, partly to relieve the extra-territorial regulatory burden created by the U.S. “24-hour rule” on shippers sending cargo to non-U.S. destinations. Introduced in December 2002, U.S. Customs’ 24-hour rule has applied not only to U.S.-bound containerized shipments, but also to so-called “foreign cargo remaining on board” while the ship calls at a U.S. port en route to other countries. Ships on Hamburg Sud’s and CCNI’s “Asian Express Service,” connecting Asia, Mexico and the West Coast of South America, now omit calls at U.S. ports and will thereby no longer require compliance with the 24-hour rule. A spokesman for Hamburg Sud called the U.S. requirement “an extra hassle” for Asian shippers moving cargoes to non-U.S. destinations. Hamburg Sud said the change of rotation would improve transit times to Mexico and South America, and “will also spare customers the inconvenience of the 24-hour manifest rule.” TMM Lines and Lykes Lines have also left the “Ampac” transpacific and inter-Americas space-sharing agreement in March, prompting changes to the operation of its 10-ship service. TMM Lines and partners CCNI, Hamburg Sud and Maruba S.C.A. have notified the U.S. Federal Maritime Commission of the withdrawal of TMM from the Ampac Cooperative Working Agreement. Last October, Mitsui O.S.K. Lines said it was expanding its coastal services covering the East and West coasts of South America to take advantage of expected economic growth in the region. MOL said it is now upgrading the frequency of its coastal service to a nine-day interval, under a new arrangement and in cooperation with Buenos Aires-based Maruba. This means that the Japanese carrier can provide intra-South America liner services through its deepsea Asia/East Coast of South America service and through Maruba’s Argentine/West Coast of South America service. 2004 3/18/04 11:22:28 AM CX01-4041.Effcncy 3/8/04 10:36 AM Page 1 Once You See How Smoothly Our Terminals Flow, You’ll Think We Designed The Water Too. At CSX World Terminals we know the importance of efficiency. And how to achieve it. That’s why we take the time and not only create a unique approach for every terminal, but also create the unique technology to make it all happen. This customized process is the reason our terminals deliver the highest through-put per hectare per hour, and the reason they remain the most efficient and productive terminals in the world. When it comes to making a terminal flow smoothly. We’re There. csxwt.com LOGISTICS Table 3 Direct North American/South America services (By port range, as of January) Carrier/grouping and service name North America/East Coast of South America Hamburg Sud/Alianca/Lykes Lines/TMM Lines/Maersk Sealand/Safmarine/ CSAV/P&O Nedlloyd/APL/Evergreen - Tango Lykes Lines/TMM Lines/Libra/APL - U.S. Gulf-ECSA Hamburg Sud/Alianca/Lykes/TMM/Maersk/Safmarine/CSAV/P&O Nedlloyd/ APL/Evergreen - Samba Mediterranean Shipping Co. - Argentina Express Mediterranean Shipping Co. - Amazonia Express P&O Nedlloyd/Alianca/Hamburg Sud - U.S.Gulf/ECSA Hanjin/Zim/Montemar/CMA CGM - ICA Alianca - Gulf Service Costa Container Lines - Intramerica Service Total North America/East Coast of South America services North America/North Coast of South America Hamburg Sud/Alianca/Lykes/TMM/Maersk/Safmarine/CSAV/P&O Nedlloyd/ APL/Evergreen - Samba Mediterranean Shipping Co. - Argentina Express Italia/Lykes Lines/TMM Lines - Med Pacific Express CSAV/APL/CCNI/Hamburg Sud/CMA CGM - Americas Service Dole/King Ocean - USEC/Colombia/Central America Mediterranean Shipping Co. - U.S./WCSA P&O Nedlloyd/Alianca/Hamburg Sud - U.S.Gulf/ECSA Lykes Lines/TMM Lines/Italia/Crowley Liner Services/APL/Nordana/MOL/ CSAV/CCNI/Libra - GEX Alianca - Gulf Service Costa Container Lines - Intramerica Service Maersk Sealand - Venezuela/Gulf Seaboard - West Coast South America Hamburg Sud/King Ocean/Maersk Sealand - USEC-Venezuela SeaFreight - South Florida Seaboard - Colombia/Panama/ Venezuela/Trindad Seaboard - Colombia/Venezuela Seaboard - Venezuela Melfi Marine - Caribbean Service-CARISER Seaboard - Caribbean Service Frontier - South Atlantic-Colombia Total all North America/North Coast of South America services North America/West Coast of South America Maersk Sealand - TA3 P&O Nedlloyd/MOL/”K” Line - LACAS/CWL CSAV/APL/CCNI/Hamburg Sud/CMA CGM - Americas Service Hamburg Sud/Maruba/CLAN/CCNI - AMPAC Loop 1 CSAV/NYK - Asia Andes Express Service-ANDEX Mediterranean Shipping Co. - U.S./WCSA Hamburg Sud/Maruba/CLAN/CCNI - AMPAC Loop 2 NYK - Margarita Express-Marex Maersk Sealand - West Coast Central America/Peru Service Seaboard - West Coast South America Mediterranean Shipping Co. - West Coast Mexico-WCSA Interocean/Trinity Shipping - West Coast service Hamburg Sud - Asia-Pacific-ASPA Loop 1 (now restructured) Hamburg Sud - Asia-Pacific-ASPA Loop 2 (now restructured) CCNI/Maruba/CLAN - Seaspac (now restructured) Total all North America/West Coast of South America services Avg. ship capacity (TEUs) No. of ships Frequency in service (days unless specified) Weekly capacity of service 3,740 6 weekly 3,740 3,050 2,530 6 6 weekly weekly 3,050 2,530 2,514 1,948 1,926 1,629 1,341 1,223 6 5 6 5 2 6 48 weekly weekly 7 10 22 8 2,514 1,948 1,926 1,140 427 1,070 18,345 2,530 6 weekly 2,530 2,514 2,448 2,435 2,046 1,942 1,924 1,541 6 6 6 2 5 6 3 weekly 11 weekly weekly 8 7 weekly 2,514 1,558 2,435 2,046 1,699 1,924 1,541 1,341 1,223 1,136 1,120 907 904 583 506 442 436 433 294 2 6 3 4 2 3 3 2 2 3 2 2 74 22 8 weekly 7 weekly weekly 7 weekly weekly 7 weekly weekly 427 1,070 1,136 1,120 907 904 583 506 442 436 433 294 24,505 2,605 2,471 2,435 2,200 2,139 1,942 1,848 1,225 1,155 1,134 1,044 516 1,663 1,766 1,707 7 10 6 5 11 5 5 6 4 3 3 2 5 5 10 67 weekly weekly weekly 14 6 weekly 14 10 weekly 10 9 14 14 14 9 2,605 2,471 2,435 1,100 2,496 1,942 924 858 1,155 794 812 258 832 883 1,328 17,850 Notes: Some services cover several trades or coasts, or call at Caribbean ports en route. They are shown here in one or more of the subtrades of South America. The Hamburg Sud Asia-Pacific Loop 1 and Loop 2 services and the joint CCNI/Maruba/CLAN Seaspac merged in March into the Asia Express Service, and no longer call at U.S. ports. Abbreviations: CCNI= Compania Chilena de Navegacion Interoceanica CSAV = Compania Sud Americana de Vapores. Source: ComPair Data, the global liner-shipping database (January issue of World Liner Supply reports). 16 AMERICAN SHIPPER: 06_29AS04.indd 16 APRIL 2004 3/18/04 11:22:48 AM ASE_JPA__02.indd 1 3/18/04 10:33:50 AM LOGISTICS Untangling the web Moving towards the Free Trade Agreement of the Americas — an evolutionary approach. BY MICHAEL BERZON T he nations of Latin America have long sought to expand their manufacturing base by creating larger markets for their goods. There are many examples of Latin American regional trade agreements. Some have had a good run over the years; others have had choppy histories. Most have prevailed and have been modified to meet changing requirements. The growth in regional trade agreements and the networking between them should be examined in light of the U.S.-sponsored Free Trade Association of the Americas (FTAA). A close look at the Americas today shows a web of trade agreements totaling around 20. Can FTAA hope to coalesce this disparate group into one large bloc? The need to unify, strengthen and optimize trade in this hemisphere is compelling. FTAA could bring the glue and discipline to the table that would make this possible. The reality is that FTAA might just become a “21st trade agreement:” an overlay that adds more confusion to the trade scene and confirms the fears of many that it does not pay to join forces with the proverbial 800pound gorilla. The need for regional trade agreements became evident in the early 1960s when countries like Argentina, Chile and Brazil realized their auto manufacturing operations were uneconomical. Manufacturing standards of the time considered facilities producing less than 1 million cars per year to be uneconomical. Brazil, the leading automaker, was approaching that number. Argentina produced fewer than 100,000 units, Chile considerably less. The result was expensive and poorly built cars. The public bought them because import tariffs of up to 400 percent kept foreign cars out of reach. On the bright side, it gave rise to a cottage industry of small auto repair shops around the continent that could keep a 1939 Chevrolet running forever with custom- made parts. It was becoming all too evident that a country/silo approach was not the way to create or expand the industrial base. As a result, many of the South American countries got together to create a larger consuming market that, it was hoped, would bring the benefits of economies of scale to industry in each country and raise production capacity to cost-effective levels of production. LATA. Representatives of the countries met and endlessly negotiated. Progress was slow, but the dialogue prevailed. This was the birth of the Latin American Free Trade Association or LAFTA in 1960. No surprise that in the early stages of LAFTA negotiations each country was excessively protective of its own agenda. A greater problem was the lack of a compromise mindset that frequently stalled negotiations. Endless negotiations over trivial items such as nails and screws took precedence over automobiles engines, tires and auto body components. It was a slow start, but at least it was a start. It set the stage for future economic and trade cooperation. The Central American nations had negotiated trade agreements amongst themselves as early as 1918. In 1960 they brought their common market into being. It had a good run for almost 10 years. Unfortunately, the very violent “soccer war” in July 1969 between Honduras and El Salvador scuttled the venture. While Version 1.0 lasted, it demonstrated that small nations, at opposite poles of industrialization or agricultural efficiency, could form a trade bloc and leverage economies of scale to their collective advantage. Several years later, it was resurrected as a successful Version 2.0. Not all trade agreements were as successful as the Central American effort. Other strategies, such as the Andean Pact in the early 1970s, took economic sub-optimization to absurd depths. The Andean Pact, created by the Treaty of Cartagena in 1969, included nations of the West Coast of South America plus Colombia and Venezuela. The mechanics were cumbersome. Countries were allocated certain industries, based on their existing industrial specializations. Some allocations made sense — Peru, strong in textiles, was awarded the regional acrylic Notable free-trade agreements in the Americas 1959 1969 Central American Common Market (CACM) Andean Pact Chile, Bolivia, Peru, Columbia, Ecuador, Peru & Venezuela (Chile opted out after a few years). Costa Rica, El Salvador, Guatemala, Honduras & Nicaragua – built on bilateral treaties signed in 1918 and 1946. Antiqua, Barbuda Barbados, Belize, Grenada, Guyana, Jamaica, St. Kitts & Nevis, lucia, St. Vincent & the Grenadines, Suriname, Trinidad & Tobago. Latin American Association for Integration (LAIA) Argentina, Brazil, Chile, Mexico, Paraguay, Peru & Uraguay. Additional members: Columbia & Ecuador (1961), Venezuela (1966), and Bolivia (1967). Argentina, Brazil, Bolivia, Colombia, Chile, Ecuador, Mexico, Paraguay, Peru, Uruguay, Venezuela & Cuba. AMERICAN SHIPPER: 06_29AS04.indd 18 1980 APRIL 1991 Caribbean Community (CARICOM) Latin American Free Trade Agreement (LAFTA) 1960 18 1981 Mercosur/Mercosul Charter members: Argentina, Brazil, Paraguay, & Uruguay; joined later by associate members Chile and Bolivia and recently Peru. Program for Integration & Cooperation between Argentina and Brazil (Spanish acronym PICAB) North American Free Trade Association (NAFTA) Brazil & Argentina. Canada, Mexico and the USA. 1986 1994 2004 3/18/04 11:37:06 AM LOGISTICS fibers plant. Other allocations made little sense. Ecuador, with no auto manufacturing industry and little know-how, received the concession to build very small cars powered by glorified motorcycle engines. Despite valiant marketing efforts the primitive, golf-cart size vehicle never caught on, not even in Ecuador. Mercosur. The first serious try at integration in the South American “southern cone” came about with Mercosur. The two largest South American economies, Brazil and Argentina, and two smaller, less developed countries, Paraguay and Uruguay, joined forces in the “common market of the South.” The two large ones had overwhelming superiority in population, gross domestic product (GDP), manufacturing and agricultural capacity, and external trade. This was to have been a customs union, eventually transitioning into a common market. Mercosur, with all its problems, acrid disputes and warts, did bring the economies of scale to both Brazil and Argentina that the theorists had predicted could occur. Argentina’s auto parts industry provided the Brazilian automotive giant with subassemblies. Country silos started to break down. Economic integration was a fact. The heads of state of the two large countries even contemplated a common currency. The two smaller countries, Paraguay and Uruguay benefited from the demand from the two large neighbors. The good times eventually came to a screeching halt. Brazil, facing a run on its cash reserves while trying to protect the value of its currency, let its currency float in the late 1990s. Argentina, with its own currency pegged to the U.S. dollar and highly overvalued, was suddenly priced 1995 Group of Three Columbia, Mexico & Venezuela. Table 4 South America trade volumes, major partners (In $billions FOB; 2002 unless noted) Imports Export partners Exports Argentina $25.3 Brazil 23.6%, U.S., Chile, $9.0 Spain Brazil $59.4* U.S. 23.8%, Argentina, $46.2 Germany, China, Netherlands Chile $17.8* U.S. 19.1%, Japan, China, $15.6 Mexico, Italy, U.K. Uruguay $2.1* Brazil 21%, Argentina, U.S., $1.9* Germany, Italy Paraguay $2.0* Brazil 25.1%, Argentina, $2.4* Chile, Bermuda Bolivia $1.3* Brazil 24.3%, Switzerland, U.S., $1.6* Venezuela, Colombia, Peru Peru $7.6* U.S. 28.1%, China, U.K., $7.3* Switzerland, Japan Ecuador $4.9* Colombia $12.9* Venezuela $28.6** *2002 estimated. U.S. 39%, Colombia, South Korea, Germany, Italy U.S. 44.8%, Venezuela, Ecuador U.S. 53.4%, Netherlands, Antilles, Canada Source: CIA-The World Factbook. out of Brazilian markets. Worse, the trade balance between the two neighbors turned highly negative against Argentina, as cheaper Brazilian goods poured in. Mercosur shuddered but held. A second shock came about in late 2001 when Argentina found itself in a major financial crisis, which eventually resulted in the largest sovereign nation debt default in history. The country abandoned its U.S. dollar parity and the currency devalued sharply. However, despite a severe recession and crippling unemployment, exports to Brazil eventually started to rise. Over time 1998 2001 CARICOM & the Dominican Republic CARICOM countries and the Dominican Republic. the remaining plants were able to compete again, thanks to a devalued Argentine Peso. Two years after the Argentine debacle, trade between the two countries is strengthening. Mercosur is still alive and working to the advantage of its four charter members. Mercosur has also expanded. Bolivia joined as an associate member, followed by Chile, several years later. In 2003 Peru signed on as an associate. Mercosur and the Andean Community of Nations (Version 2.0 of the Andean Pact) have signed a trade agreement that takes effect in July. So how does all this fit into an FTAA 2003 Chile and the European Community Central America, Mexico & Belize Three agreements: El Salvador, Guatemala; Costa Rica; Nicaragua. Andean Community Central America & Chile Costa Rica, El Salvador, Honduras, Guatemala, Nicaragua & Dominican Republic. Bolivia, Peru, Colombia, Ecuador, Peru & Venezuela. Chile, Costa Rica, El Salvador, Honduras, Guatemala, Nicaragua. Association of Caribbean States 1999 U.S. 23.3%, Argentina, Germany, France Argentina 18%, U.S., Brazil, China, Germany Argentina 25.6%, Brazil, U.S., Venezuela Brazil 32.7%, Argentina, U.S., Hong Kong Brazil 22%, Argentina, U.S., Chile, Japan, Peru, China U.S. 26.1%, Chile, Spain, Colombia, Brazil, Venezuela Argentina $6.0* U.S. 28.6%, Colombia, Japan, Chile, Brazil $12.5* U.S. 32.6%, Venezuela, Mexico, Japan, Brazil, Germany $18.8** U.S. 27.5%, Colombia, Brazil, Mexico **2001 Central America & Dominican Republic 1997 Import partners Brazil 42%, U.S., Germany Formed the Greater Caribbean Cooperation Sphere Mexico–European Union Central America & Panama Costa Rica, El Salvador, Honduras,Guatemala, Nicaragua & Panama U.S.–Central America Free Trade Agreement (US–CAFTA) Costa Rica–Canada Costa Rica is now included. 2002 2004 AMERICAN SHIPPER: APRIL 06_29AS04.indd 19 2004 19 3/18/04 11:37:34 AM LOGISTICS framework? The response, based on negotiations to date is: slowly and with great difficulty. The Buenos Aires Herald in an Oct. 22 story talked of a tough Brazilian negotiating position, and mentioned the U.S. response of building “an Americaswide free-trade agreement with or without Brazil.” Brazilian Agriculture Minister Roberto Rodriguez retorted “an FTAA without Brazil isn’t an FTAA; it’s a second-rate FTAA.” These polarized positions cast a shadow over the talks unsuccessfully concluded Feb. 6 in Puebla, Mexico. ‘Disparate.’ The term “disparate economies” does not come close to characterizing the vast economic (and social) differences between the nations of the Americas. Therein lies the major problem. It is not about the small countries in the hemisphere that can’t compete with the big ones. Chile and Costa Rica are economically healthy. Both compete successfully in North American markets against their bigger neighbors. Argentina and Brazil are both struggling to get ahead. Brazil has a large external debt. Argentina defaulted on its external debt and is feeling the wrath of stunned creditors who have been offered pennies on the dollar. Venezuela is languishing. In contrast, the differences between the NAFTA countries, including Mexico, are minimal. A Feb. 6 Washington Post story discussed the impasse reached at the recent talks on FTAA in Puebla. “The Mercosur bloc of nations, led by Brazil and Argentina, wants a total opening of markets to agricultural and other products, while the United States, Canada and other countries seek exclusions.” It continues with comments from Deputy U.S. Trade Representative Peter Allgeier, a co-chairman of the meeting. “There will have to be some modification of positions, recalibration of the content and the level of ambition.” As a result it is doubtful that the Jan. 1, 2005 launch date of FTAA will be met.” The Feb. 7 Economist discusses the pros and cons of FTAA. It explains that a country like Brazil, which amongst other things is one of the top producers of regional jet aircraft, cannot depend on its regional markets to grow itself out of its current economic problems. Brazil has to export regional jets to NAFTA, the EU and China. Perhaps, it goes on to say, Brazilian President Lula da Silva, will have to reconsider his confrontational stand on FTAA and accept the fact that it is trade with the developed countries that “could allow Brazil to increase its exports by 20 percent a year, cutting in half its debt payments to exports … ” An alternative path forward is to continue expanding the spider web network of trade 20 AMERICAN SHIPPER: 06_29AS04.indd 20 APRIL Table 5 South America transportation infrastructure (In kilometers) Rail network Argentina 34,463 (168 electrified) Brazil 31,543 (1,981 electrified) 4 gauges, mainly narrow Chile 6,585 (evenly split broad & narrow) Uruguay 2,073 (standard gauge) Highway network Waterways 215,471 total; 63,348 paved 10,950 1,724,929 total; 94,871 paved 50,000 Paraguay Bolivia Peru Ecuador Colombia 29,500 total; 14,986 paved 53,790 total; 3,496 paved 72,900 total; 9,331 paved 43,197 total; 8,164 paved 110,000 total; 26,000 paved 441 km (standard gauge) 3,519 (narrow gauge) 1,829 (standard gauge) 966 (mainly narrow gauge) 3,304 (mainly narrow gauge) Venezuela 682 (standard gauge) 79,814 total; 15,484 paved 725 8,983 total; 8,081 paved 1,600 (used by coastal, shallow-draft river craft) 3,100 10,000 8,808 1,500 18,140 (navigable by river boats) 7,100 96,155 total; 32,308 paved Source: CIA-The World Factbook. agreements and agreements between agreements. On Jan. 19, the Buenos Aires Herald said Argentina and Brazil would hold talks at the Puebla FTAA meeting “to discuss common strategies to be pursued by the two leading members of the Mercosur bloc” Argentina’s economy, while out of intensive care, is still critical. No great potential here for either country. The same article notes that the Argentine International Economic Affairs Secretary Martin Redrado and Brazilian deputy Foreign Minister Samuel Pinheiro Guimares “also discussed negotiations between the Mercosur trade bloc and the European Union, as well as progress achieved in negotiations to sign a free-trade agreement with India.” On a sour but realistic note, The Economist story states, ”India is one of the world’s most protected economies.” U.S., Canada Support. These arguments point to the need for an FTAA with strong U.S. and Canadian support. However, while it may be true that India is protectionist, we must remember that the United States unilaterally imposed tariffs on steel largely as a political move to appease the voters in several “steel” states. While they were in force, Brazil and Argentina, two countries that had been exporting steel to the United States, took a big hit. The European Union took a similar position with the so-called dollar bananas in the 1990s, giving preference to bananas grown in former colonies of EU members. Both Colombia and Ecuador suffered economic loss as result of that action. The U.S. president affects foreign trade with political decisions. So does the Brazilian president when he challenges the United States on its trade positions. The message has not only to play well in Peoria. It must also play well in Paulinia. Given the election year, will Washington State be wooed with new tariffs on Brazilian regional jets? On the bright side, digging through myriad pan-American trade agreements, there is one interesting development that took place at the White House in September 2001. The Mercosur foreign ministers gathered in the Rose Garden to sign an agreement with the United States, setting up a Council for Trade and Investments, and putting in place work groups for commerce, investment and electronic transactions. A small step but a positive development nonetheless. Perhaps FTAA is akin to applying a forced approach. After all, the existing process, in its own way, at its own speed continues to drive trade integration forward. Such an approach may seem clumsy and out of step with the fast-moving pace on the 21st Century. Pan-American trade integration is moving forward (see timeline, pages 18-19). It also demonstrates that trade agreements between the North America Free Trade Agreement and many southern neighbors are already up and running. We might well end up with an FTAA, however it will most likely not be from a negotiated template, but from a natural outgrowth of today’s expanding network, driven forward by economic reality and necessity. Michael B. Berzon, a frequent contributor to American Shipper since March 1994, retired from DuPont after 27 years to form Mar-Log Inc. His venture provides supply chain and logistics outsourcing consulting services. He can be reached at P.O. Box 480, North East, Md. 21901, telephone (410) 287-7437, or e-mail, [email protected]. 2004 3/18/04 11:23:57 AM ASEEMIRATE07 12/3/03 5:34 PM Page 1 LOGISTICS South American trade infrastructure Countries aim to improve the road to market. BY MICHAEL BERZON S outh America has always had the ability to spring surprises, usually unwelcome ones. Even those engaged in trade with one or more of its countries over the years have a hard time trying to figure out the dynamics of the region. Some try to understand it by lumping it all together into one United States of South America. The truth is, there is no one model that can consistently apply to any one country, let alone all. It is a highly diverse region. In addition to French Guiana, Guyana and Suriname there are 10 sovereign nations. Together, their roughly 400 million inhabitants speak five languages and at least two major indigenous dialects. Yet credit is due: for all their differences they have been able to come together in two basic trade agreements, which are now planning to link up in 2004 (See related story, page 18-20). Brazil privatizes Santos and reaps cost benefits Brazil has the largest economy by far in the region, producing and selling everything from soybeans to regional jets to the United States, the European Union and China. It enjoys significant foreign investment, particularly in auto manufacturing. Brazilian business people are bright and aggressive and justly proud of their achievements. Today, however, their economy is in slow growth mode. Their exports, once a source of great pride, are now clawing back up after a slump. Their external debt is crushing. Some might think there is no way out, but to the Brazilians this is just another cycle and a reason for optimism. The port of Santos in the 1980s was the perennial basket case. It was state-run, equipment was poorly maintained, productivity was abysmal, costs astronomical and labor strife rampant. Not without difficulty, major changes have since occurred. Between 1993 and 2004 the terminals were privatized, and most of what was wrong, from bureaucratic red tape to sheer ineptitude, was fixed. Terminals, access roads and transportation services were modernized. Equipment was replaced and properly maintained. The result was a sharp increase in efficiency and a corresponding drop in prices. Ten years ago the Santos handled 450,000 containers. Today it handles 1 million. The formula is simple: private investment, largely European, is improving the terminals. Meanwhile the government keeps the channels dredged. Eight years ago no one would have dared dream of the changes in place today. In addition, the main highway to Sao Paulo was expanded to handle twice the traffic. Many other roads have been privatized and improved. The result is that in 10 years the cost of moving a 40-foot container from the port of Santos to Sao Paulo has dropped by a factor of five. Other Brazilian ports are expanding and modernizing using the same formula. Brazil’s economy is growing but mainly outside of Sao Paulo Sate, once the traditional center of economic activity. Consequently ports like Rio Grande do Sul and Sao Francisco do Sul are expanding their container terminals, as well as bulk and cold storage capacity, to handle growth from the southern states, such as Santa Catarina and Rio Grande do Sul. Brazil’s economic expansion is also heading to the country’s Northeast to states such as Pernambuco and Ceara. The growing textile industry in Ceara has required the transformation of Pecem, once a fishing port, 22 AMERICAN SHIPPER: 06_29AS04.indd 22 APRIL into a modern container port. Further south, Sepetiba, a recently developed port located between Rio de Janeiro and Santos, is often touted as the future regional megaport. Containers are moved inland largely (about 95 percent) by truck. Although the privatized railroads have invested in infrastructure and equipment, their focus has been on agricultural commodities. The reason is simple: there is more money in hauling soybeans. They travel 1,200 miles from the interior to port, while containers average 75 miles. However, rail will eventually realize the benefit of picking up premium container traffic looking to bypass highway congestion. Incompatible railroad gauges a cross-border barrier Railroads carry little cargo across borders. For instance, commercial traffic between Argentina and Brazil travels mainly by road. Rail would seem make more sense, given the long distances and relatively flat countryside between Buenos Aires and Sao Paulo. However, incompatible rail gauges kill that notion, despite valiant attempts at the border to transfer cargo and containers. Ocean transportation is not always the answer either. A truck can travel from the petrochemical complex in Campana, some 50 miles north of Buenos Aires, to Sao Paulo in four to five days. The same truck is back for a second load before an ocean shipment from Buenos Aires has even reached the port of Santos. In contrast, destinations north of Sao Paulo are better suited to ocean transportation. Argentina privatized the Port of Buenos Aires in the 1990s. Terminals were improved, but access to this city port can still be a problem. Truck is the mode of preference, although the privatized railroads have been keen to capture long-haul container traffic. A major problem with the rails is the single hub (Buenos Aires) and spoke system, something like having to fly through Atlanta. The rail system works relatively well for the agricultural market it was designed for in the mid 19th century, but is not suited to today’s industrial centers in the interior of the country. Chile, Argentina plan trans-Andean connections Argentina’s growing trade with Chile needs an alternative to the long, treacherous water route through the Magellan Straits. Road connections have problems too: snowdrifts often block the transAndean highway routes in winter. Improved access is even more of an issue given the volume of cargo shipped across Argentina between Chile, Brazil, Uruguay and Paraguay. In 1999 there were 90,000 truck movements across the Andes accounting for some 2.5 million metric tons. This volume is rapidly increasing, thanks to increasing trade between the Mercosur regional trade agreement partners. Plans are in place to double the trans-Andean highway capacity between the Argentine city of Mendoza, and the Chilean port of Valparaiso. An upgraded rail link costing some $120 million is planned for 2006. Capacity will more than double from 500 equivalent truck units per day to more than 1,000. Rail gauge compatibility helps. Chile’s two main container/general cargo ports, Valparaiso and San Antonio, provide good access to the capital city of Santiago. 2004 3/18/04 11:24:14 AM P&O Feb '04 ad 12/23/03 4:23 PM Page 1 More E-Power in thePalm of Your Hand. E-Commerce at P&O Nedlloyd: The Tools to Fit Your Business. Enhanced E-Commerce power from P&O Nedlloyd is now at your fingertips, at www.ponl.com. We’ve simplified navigation and added more functionality to streamline your business process. Register today and customize your own home page. ● Remote Bill Print ● Bookings ● Shipping Instructions ● Cargo Tracking ● Point-to-Point Schedules ● Vessel Tracking ● Schedule Download ● USA & European Arrival Notifications LOGISTICS Ports to the north serve the mining industry. Others serve the fishing industry. among others, are subject to landslides and washouts. Security is a problem. Container hijacking is not unusual. Chile, Bolivia in century-old ocean access feud Read the Chilean and Bolivian newspapers and you will find top billing given to an issue resulting from a war fought some 140 years ago between Chile and Peru, together with Bolivia. Bolivia lost its ocean access although a 1904 treaty that granted it use of Northern Chilean ports such as Arica. Bolivians are still smarting over its lack of a sovereign port. Adding to its woes, Bolivia’s rugged topography greatly hinders the movement of goods within and beyond its borders. Brazil and Paraguay offer two alternatives: road for local traffic between the countries and ocean for international movements. Another, though costly, alternative is be to build a canal from Bolivia, using one of two Northern Argentine rivers, to the Parana River. The Parana would then be navigable down to the River Plate and on to the Atlantic. There is a precedent: grain exports from southern Bolivia’s rich agricultural area are barged from the inland port of Quijarro to the Paraguay-Parana river system down to the Argentine grain port of Rosario for shipment overseas. Venezuela: Good ports, highways but trade plummets To the East, Venezuela continues to suffer through bad economic times. Even the petroleum industry, once the country’s source of unending bounty, has also fallen off. Puerto Cabello, close to the industrial centers of Valencia and Maracay, is the primary container port. The port of La Guaira is closer to the capital and industrial center Caracas. However, both ports are connected to the capital and other coastal industrial centers by world-class highways. Truck transportation is efficient although traffic congestion in Caracas can cause lengthy delivery delays. Venezuela’s population is largely centered along its northern coast, mainly between Caracas and Maracaibo, the petroleum center. The interior, in contrast, is sparsely populated. Puerto Ordaz, on the Orinoco River, handles heavy equipment for mining projects and tar sands hydrocarbon extraction in the country’s interior. Peru, Ecuador rely heavily on trucks to haul freight Peru’s principal port is Callao, located in the country’s industrial heartland close to the capital of Lima. Truck is the predominant mode of inland transportation, as the rail system is in poor shape and not very extensive. Despite the shortage of paved roads, trucks can usually deliver the goods. The Pan American Highway is the major north/south artery for trade and travel. The port of Paita, to the north, offers some commercial overseas services as does Ilo to the south. Not to be ignored is the Amazon River port of Iquitos, on Peru’s Eastern Andean slope and a scant 2,000 miles from the Atlantic Ocean. Passengers and small items only, please. Continuing up the coast, Ecuador’s largest port, Guayaquil, handled 62 percent of the country’s 2003 maritime trade, and Puerto Bolivar, to its south, handled 18 percent. Both are operating beyond rated capacity. To alleviate the problem two new private terminals are under consideration for Guayaquil. Another alternative is a new terminal at nearby Posorja. Capacity is still available at the smaller port of Esmeraldas in the north and Manta, half way down the coast. Pickup and delivery of cargo still requires a long trek up the mountains from the coast to the industrial and consuming centers such as Quito and Cuenca. Roads have improved, but are still hazardous. Lack of guardrails and frequent washouts make each trip an adventure. The proliferation of small chapels along these routes attests to the need for divine faith as well as human skill in negotiating these roads. Colombia’s 2-coast port system serves country well Further up the Pacific Coast, lies Colombia’s port of Buenaventura. Together with the Caribbean port of Cartagena, it handles the majority of the cargo flowing in and out of the country. Buenaventura lies in the valley of the Cauca River, not far from the important city of Cali. Cartagena, and its sister Caribbean port Barranquilla, traditionally handle well over half of Colombia’s container volume. Buenaventura handles the balance. Colombia’s primary export, coffee, ships through the ports on both coasts. Again, truck is the favored mode of transportation over Colombia’s rugged terrain. Roads between the Caribbean ports and the industrial centers of Medellin and Bogota, Unsung waterways cover the continent Stepping back for a broader view, the South American continent has an extensive network of navigable waterways. There are 12 major transnational systems, mainly along existing rivers. Expanded use of these networks has slowed due to ecological concerns. However they do play an important part in daily transportation. The different modes of transportation shows the extent of this natural distribution system (see table 5, page 20). These water links could be an answer to traffic congestion at some future point when investment funds for their greater, ecologically correct, development is available. Roads are the first and last leg for trade Many miles of roads across the continent are still unpaved. In some cases funds for road repairs are insufficient to keep up with required maintenance. This means some countries are losing paved road miles each year. Shrunken, privatized rail systems deliver the goods With few exceptions, the rail freight systems are not very effective. The rail link improvement, slated for 2006 across the Andes, is a bright spot, as is the private investment in the Brazilian railroads. Years of misguided, government railroad ownership has left rail infrastructure across the continent in shambles. Privatization has brought rail routes that make commercial sense back to life. Older, scenic lines, like the “train in the clouds” in Argentina’s Northwest, have been kept running. This one offers spectacular mountain views to tourists who are adventurous enough to carry an oxygen bottle with them to enjoy the thrilling sights in the thin air. Asian markets promise export-driven growth Countries like Argentina and Brazil, which traditionally traded small volumes with Asia, are now exporting major volumes of agricultural and manufactured products. China is now one of Brazil’s top export markets. Both counties are using exports to grow their respective economies. The Pacific Coast countries, players in Asia over the years, have also increased their trade with China and South Korea. The promise of trade will continue to drive the infrastructure improvements needed to sustain reliable, commercial links. The checkered history of this continent does not necessarily have to predetermine its future. Subscribe online at www.americanshipper.com 24 AMERICAN SHIPPER: 06_29AS04.indd 24 APRIL 2004 3/18/04 11:24:31 AM PAN-P1-026D_AmericanShipper.qxd 3/23/04 10:30 AM Page 1 All you need is water. It’s a simple solution. All-water service at the Port of NY & NJ is the efficient, reliable and smart way to ship cargo between East Asia and the East Coast. Shipping directly through the Panama and Suez Canals means less container handling, no delays, and lower costs. And only our port provides unparalleled reach to 105 million customers in major U.S. and Canadian markets – in one day – thanks to an extensive inland distribution network, and more all-water sailings between Asia and the U.S. East Coast than any other port. The choice is clear – Port of NY & NJ. For more information on the premier East Coast port of North America, call 1-888-PORT-NYNJ or visit us at www.portnynj.com LOGISTICS Ridding exotic fruits of bugs Irradiation treatment promises to boost U.S. imports of Brazilian papayas and mangoes. BY CHRIS GILLIS B razilian papayas are not first on most North Americans’ list of favorite fruits, but with increased migration of Latin Americans to the north this fruit is becoming more prominently displayed on grocer shelves. Brazil is the world’s largest producer of papayas. The problem is that the fruit is a magnet for pests and, once treated to U.S. Department of Agriculture specifications, often risks high rates of spoilage while en route to U.S. markets. George Karski, president of Concord, N.H.-based SecureFoods, believes the answer to winning a place for Brazilian papayas in U.S. fruit bowls, and improving its transport overseas, is to use irradiation treatment technology. His company, a subsidiary of gold mining Karski and energy investment firm Brazilian Resources, is prepared to spend millions of dollars to build and operate irradiation equipment for Brazil’s papaya export industry. Brazil’s papayas are traditionally treated for fruit flies with hot water dips. The treatments, while generally successful, degrade the fruit’s potential shelf life. Cheaper ocean transport is out of the picture for most Brazilian papaya exporters, who must use costly air transport to ship to U.S. markets. According to Karski, Brazilian papayas that do arrive in the United States in sellable condition still get shortchanged. “The fruit is picked long before it ripens and tastes like cardboard,” he said in a recent interview. 26 AMERICAN SHIPPER: 06_29AS04.indd 26 APRIL Irradiation treatment facilities placed close to growing areas will allow Brazilian papaya farmers to pick the fruit closer to its peak of taste, Karski said. Irradiation kills harmful bacteria and embedded insects, without changing the overall quality of the fruit. More importantly, it slows ripening to allow Brazil’s papaya exporters to take advantage of ocean transport. “The only loser from irradiation treatments will be the airline industry,” Karski said. The average cost to fly a 10-pound carton of papayas from Brazil to the United States is about $9, compared to $1 per case for ocean transport. The fruit is generally Produce pests Fruit flies and seed weevils in imported fruits and vegetables approved by USDA for irradiation treatments 1.) Oriental fruit fly 2.) Mediterranean fruit fly 3.) Melon fly 4.) South American fruit fly 5.) Caribbean fruit fly 6.) Mexican fruit fly 7.) West Indian fruit fly 8.) Sapote fruit fly 9.) Queensland fruit fly 10.) Bactrocera jarvisi (no common name) 11.) Malaysian fruit fly 12.) Mango seed weevil 13.) Sweet potato stem borer 14.) Sweet potato vine borer USDA’s Animal and Plant Health Inspection Service will not accept irradiated commodities as a quarantine treatment for other countries until framework equivalency agreements are signed between the agency and its overseas counterparts. sold to wholesalers who command a 10 to 15 percent commission from retailers. If ocean transport is used, the fruit could be sold at U.S. retail for about 90 cents per papaya, compared to more than $1.50 with air transport, Karski explained. Ultimately, SecureFoods will use irradiation to treat a variety of Brazilian fruits, such as mangoes, for export to North America and Europe. It’s estimated that Brazil ships abroad more than $160 million in tropical fruits a year. The Brazilian agricultural authorities support SecureFoods’ irradiation treatment initiative, but the program still requires bilateral approval from USDA’s Animal and Plant Health Inspection Service, which Karski believes will happen soon. Once SecureFoods gets its USDA approval, it will install four food irradiators in Bahia in Northeast Brazil. The region’s papaya production outstrips its domestic consumption. “Fruit is often discarded, or left rotting in the fields,” Karski said. SecureFoods’ first irradiator will be located in Eunapolis, Bahia, near the port of Ilheus. The second unit will be installed at Salvador, a large port and the capital of Bahia. Fortaleza, Ceara, and Recife, Pernambuco, both of which are large papaya export areas, will be the sites for the two other units, Karski said. Irradiation technologies have been used for more than 40 years to sterilize medical, personal hygiene products and food packaging. In recent years, the meat industry has used irradiation to kill harmful bacteria, such as E. coli, salmonella, listeria, campylobacter and vibrio, in beef and poultry. Exposure to these bacteria contributes to 76 million food borne illness and about 5,000 deaths a year in the United States alone. About 40 countries have approved irradiation treatments for about 40 food products. The International Consultative Group on Irradiation estimates that irradiation is used to treat about a billion pounds of food products and ingredients a year. In the United States, about 80 million pounds of spices are irradiated annually. Numerous health organizations and government agencies, such as the American Medical Association, American Dietetic Association, U.S. Center for Disease Control and Prevention, U.S. Food and Drug Administration, and World Health Organization, approve irradiation as a safe way to treat food products. In 2002, USDA approved irradiation treatment for certain imported fruits and vegetables against 11 types of fruit flies and the mango seed weevil. However, the technology’s use for this purpose has been minimal. USDA allows irradiation treat- 2004 3/18/04 11:24:48 AM LOGISTICS ments for interstate movements of certain said Inder “Paul” Gadh, import specialist which is the case in meat and produce exotic fruits and sweet potatoes from Hawaii with USDA’s APHIS. “This technology has a packinghouses, Marulli said. to the U.S. mainland. lot of potential for use not just in the United There are three types of irradiation technoloInterest in the technology has increased States but in many countries.” gies used for phytosanitary purposes: electron in recent years with common-use fumigaFrom an operational perspective, it will beams, X-rays and gamma rays. While each tions and chemical treatments coming under be difficult for irradiation to completely technology operates a little differently, the increasing fire for their negative environ- replace methyl bromide. amount of radiation used is minimal. mental and public health effects. “Irradiation is not a very good alternative There are four major builders of irradiaMethyl bromide is one of the most widely for many methyl bromide fumigators,” said tion equipment: Gray*Star, MDS Nordion, used fumigants for phytosanitary purposes in Al Marulli, a former USDA official and Reviss Services and IBA. SureBeam Corp., the United States and around the world. The proprietor of Agricultural Trade Services, another manufacturer, filed for bankruptcy fumigant, unlike others, penetrates produce based in Chicopee, Mass. “Not to say it earlier this year. completely without altering its appearance can’t be done, but they will have to figure Irradiation units are generally sold to or taste. However, some scientists and out how to make money from it.” companies involved in product treatment environmental groups have pegged methyl Fumigators have the benefit of mobility, activities. Belgium-based IBA’s Guardion bromide a major contributor to the earth’s whereas irradiation units are stationary and subsidiary is heavily involved in the treatozone depletion, especially when it’s used are most cost effective when they’re located ment of spices. Steris Corp. operates 16 large for large-scale soil treatments. close to a constant flowing product source, irradiators around the country for sterilizing In 1992, the 183 parties to the medical devices. Food Tech SerMontreal Protocol, including the vices in Florida uses a Nordion United States, added methyl brounit to treat meat products. EarWASHINGTON mide to the list of ozone-depleting lier this year, CFC Logistics, a The U.S. Department of Agriculture’s Animal and Plant substances, and production was division of the Clemens Family Health Inspection Service wants Hawaiian sweet potato frozen in 1995 to 1991 levels. Corp., installed a Gray*Star unit growers to consider using irradiation treatments for their U.S. When the parties met again in in its 150,000-square-foot cold mainland-bound shipments. 1995, they agreed to completely storage facility to irradiate meat The agency believes irradiation is a safe and effective treatphase out the gas among industrial products. ment against sweet potato pests. Hawaiian sweet potatoes are countries by 2010. After much evaluation, Foodgenerally treated with methyl bromide fumigation. In 1997, the Montreal Protocol Secure decided to pick Gray*Star USDA rules require sweet potatoes grown in Hawaii, Puerto accelerated methyl bromide’s units for its Brazilian venture. Rico and the U.S. Virgin Islands to be treated against stem and phase-out for industrial countries Unlike X-ray and electron beam vine borers before they’re transported to the U.S. mainland. to 2005. Starting in 1999, the use of technologies, which require Since 1996, USDA has become increasingly open to the the gas was reduced by 25 percent enormous amounts of electricuse of irradiation treatments for phytosanitary purposes and and by 50 percent in 2001. By Januity and aboveground shielding, as a replacement to methyl bromide fumigation. ary 2003, methyl bromide’s use was Gray*Star’s Cobalt-60 Genesis Unlike Puerto Rico and the U.S. Virgin Islands, Hawaii’s cut by 70 percent. Methyl bromide irradiator is compactly built below sweet potato producers have access to an irradiator at Honolulu, use in developing countries will floor level. The units, which have which is operated by Hawaiian Pride. end by 2015. an operational footprint of about Sweet potatoes are grown on the islands of Hawaii, Kauai, For quarantine purposes, the 1,600 square feet, are specifically Maui and Oahu. Shipments are consolidated at the Port of Hilo, United States and other industrialdesigned to treat food, said Martin and then transported by barge to Honolulu at a cost of 2 to 3 ized countries will allow approved H. Stein, Gray*Star’s chief execucents per pound. A pallet of sweet potatoes weighs about 1,500 agricultural products shippers to tive officer. pounds, so the charge is about $35 per pallet for non-chilled continue using methyl bromide. Electron beams, while good shipment. Trucking and handling charges to move sweet potatoes Even for those shippers alfor some sterilization and manufrom the pier to the Honolulu methyl bromide fumigation site lowed to continue using methyl facturing processes, can usually and back to the pier or airport costs about $34 per pallet. bromide, the cost of the treatments penetrate produce no more than According to the USDA, the per-unit cost of methyl bromide is expected to increase. Before one inch. Gray*Star’s Genesis fumigation is about $610 for one to six pallets, with some volume 1999, methyl bromide treatments machines use gamma rays to pendiscounts. The U.S. phase-out of methyl bromide fumigation for cherry exports were generally etrate food products and take nine for purposes other then quarantine will increase this treatment’s $1.25 per pound. Today, methyl minutes from start to finish to treat cost four-fold to at least $4.50 per pound by 2005. bromide fumigations exceed $5 a ton of product, Stein said. It costs about 15 cents per pound to treat produce by irradiaper pound for this commodity. Gray*Star’s Genesis units cost tion, but the cost to treat one to two pallets of sweet potatoes Shippers and treatment providabout $2 million apiece and, if is cheaper than methyl bromide fumigation because of volume ers are considering alternative all the government permits are discounts and the elimination of certain transportation costs, treatments to methyl bromide. together, can be installed in less USDA said. USDA also has on-site inspectors to oversee the USDA, which has spent more than six weeks, Stein said. irradiation treatment process. than $146 million in research and A big problem with implementHawaii began to use its irradiator in August 2000, and treats outreach related to the developing irradiation facilities is the 500 to 1,000 boxes of papayas a day, four times a week. ment of treatment alternatives, has political obstacle related to public Hawaiian farmers are encouraged to grow other crops to become a proponent of irradiation fear of radioactivity. “Irradiation replace the state’s falling sugar cane production. Sweet potatoes technology. comes with a lot of baggage,” are grown year around in Hawaii. About 50,000 to 60,000 “To me it provides a much safer he said. pounds a week are shipped from the state. environment than methyl bromide The Food Irradiation Processand other chemical treatments,” ing Alliance attempts to eliminate Irradiating Hawaiian sweet potatoes 28 AMERICAN SHIPPER: 06_29AS04.indd 28 APRIL 2004 3/18/04 11:25:14 AM LOGISTICS concerns about irradiation’s use to treat meats, fruits and vegetables. “There is no process as flexible, as thorough and as simple as irradiation for reducing the microbial contamination on food,” the alliance said. “High pressure processing and other emerging technologies may eventually have some use, but none are as easily implemented or as universally applicable as irradiation.” The alliance defends the safety record of irradiation. “Many hundreds of published research studies tried to identify problems from eating irradiated foods, but failed to disclose any long-term health risks,” the alliance said. Meats treated by irradiation are labeled for consumer awareness. Yet, the industry still fights to defend its public image. Anti-irradiation groups, such as Public Citizen, Clean Water Action Alliance, Community Nutrition Institute, Government Accountability Project, Institute for Agriculture and Trade Policy and the Organic Consumers Association, claim these treatments substantially reduce key vitamins in food. Stein said it also doesn’t help the food irradiation industry that SureBeam has gone bust. With the exception of a machine operated by Hawaiian Pride, SureBeam shut down its electron beam units in Sioux City, S.D.; Chicago and San Diego, Calif., leaving many meat producers and retailers scram- bling to find other irradiation treatment sources. SureBeam management blamed the company’s collapse on lack of sufficient market, but soon after its bankruptcy filing accounting irregularities became evident. “SureBeam’s actions hurt our industry very badly,” Stein said. “Every once in a while this industry gets raided by companies that make claims they can’t conceivably meet.” Another lingering problem is the drawnout regulatory process to approve irradiation treatments for imported foods. USDA’s APHIS does not accept irradiated commodities as a quarantine treatment for foreign countries until a “framework equivalency agreement” is signed between the agency and the overseas plant protection agency. Recent illnesses linked to bacteria on imported fruits and vegetables have left many people concerned about the effectiveness of currently prescribed pre-shipment treatments. A 1999 salmonella outbreak in the United States was linked to Brazilian mangoes, which according to import records were treated by hot water dip to kill Mediterranean fruit flies. The U.S. Center for Disease Control and Prevention (CDC) traced the shipment back to a single farm in Brazil. Investigators found that the dip tanks on the farm were “unclosed, and toads, birds, and droppings of bird feces were noted in or near the tanks.” CDC also found that dipping mangoes too quickly between hot and cool water tanks causes the fruit to contract, encouraging pathogens to enter through the skin. The USDA responded to this case by recommending that mango exporters adequately filter and chlorinate their dip tank water. The agency also asked these exporters to wait 30 minutes between the hot and cool water dips. Some industry experts believe hot water dip treatments should be replaced by new technology such as irradiation. “Hot water treatment has proven to be untrustworthy,” Karski said. In December, the Mexican Association of Mango Exporters and Phytosan S.A. de C.V. said it plans to build an irradiation facility near the port city of Mazatian. Construction of the facility is scheduled to begin in May and should be fully operational for the mango season, starting in March 2005. The association plans to build another irradiation unit at the Reynosa, Tamaullpas/McAllen, Texas border crossing. The association believes hot water dipping in Mexico could be eliminated within the next seven years. The Philippines, another mango exporter, reported plans last year to install irradiation units to treat for fruit flies and increase its world market share. ■ AMERICAN SHIPPER: APRIL 06_29AS04.indd 29 2004 29 3/18/04 11:25:29 AM From field to dinner plate Meat shippers seek modern tracking technology for global marketplace. BY CHRIS GILLIS T hese days when a cow gets sick the entire meat industry goes to the infirmary. This was certainly the case for American meat shippers when the U.S. government acknowledged Dec. 23 that a single cow tested positive for brain-wasting bovine spongiform encepthalopathy, better known as “mad cow” disease. Within hours of the announcement, Japan, Mexico, and other high-value markets banned imports of U.S. beef. 30 AMERICAN SHIPPER: 30_32AS04.indd 30 APRIL American meat shippers suffered another big setback a month later with the discovery of avian flu on several poultry farms in Delaware and Texas. Global bans went up on U.S. poultry shipments. Other countries’ agricultural sectors, such as Canadian and British beef, suffered economically from disease outbreaks, and have spent years trying to re-establish consumer confidence in their products domestically and abroad. While livestock diseases will continue sending ripples through the marketplace, more meat shippers and technologists believe that better supply chain tracking systems on a global level will help agri- 2004 3/18/04 12:00:26 PM cultural authorities pinpoint sick animals, avoid wholesale destruction of herds and flocks, improve food safety, and help avoid wide-scale import bans. Philip Wolfstein, past chairman of the U.S. Meat Export Federation and managing director for PM Global Foods in Los Angeles, believes the mad cow case will have a “silver lining” for the meat industry in terms of promoting a nationwide animal tracking technology. “People are going to expect us to trace animals back to the birth source,” he said. The U.S. meat industry uses a variety of methods to domestically track cattle and meat products. The U.S. Department of Agriculture wants to take this to the next level by developing a national animal identification system. The agency attributes its rapid response to the Washington state mad cow case to an animal identification program. USDA officials have been working with federal and state agencies, along with the industry, on a national animal tracking system for about 18 months. The agency has been watching out for BSE in the U.S. herd for more than a decade. “Such a system will help enhance the speed and accuracy of our response to disease outbreaks across many different animal species,” said Agriculture Secretary Ann M. Veneman in a Dec. 30 statement about the national animal identification system. “Our goals are to achieve uniformity, consistency, and efficiency across the national system.” The Bush administration’s proposed budget for fiscal year 2005 includes $60 million for BSE-related controls, of which $33 million will be used to accelerate the development of the national animal identification system. Both the House and Senate recently introduced legislation requiring the development of a national animal identification system. “I believe the implementation of an animal identification program is necessary toward ensuring a safe and reliable source of food, and increasing consumer confidence in the beef industry,” said Rep. Mike Ross, D-Ark., ranking member of the House Livestock and Horticulture Subcommittee and co-sponsor of the National Farm Animal Identification and Records Act, on Feb. 10. “This bill does not endorse any one national plan over another, but rather, directs the Secretary of Agriculture to establish an electronic national identification system that would require all livestock, from birth to slaughter, to be identified,” Ross said. “This national identification system would also ensure a rapid response within 48 hours to livestock disease outbreaks.” He added that the government should help pick up the tab to roll out the system. “The burden of this program should not be laid upon cattle producers alone, and must be affordable to all cattle producers — large and small,” he said. Establishing a national animal identification system and tying it into meat business systems may be easier said then done. “It’s going to require lots of manpower and other resources to get this in place,” said Michael F. Hampel, logistics manager for PM Global Foods in Cumming, Ga. “But if that’s the direction the market is pushing us, then we’re going to have to put up or shut up.” Many meat producers have in-house software and documentation-based programs to track the flow of product through their slaughterhouses and packaging plants. The concern is that these systems don’t go back to the birth and feeding of livestock. Hampel said PM Global has experience at this level of product tracking because of its kosher meats business. To obtain kosher status, there are slaughter and meat preparation procedures that must be followed. “We document the genealogical line of the animals, including the feed stocks used, to meet the kosher customer’s requirements,” he said. Many meat-tracking systems show their shortcomings when product recalls occur. For example, when the USDA tried to locate the distribution of meat from the Washington state cow infected with BSE, it thought it would have to recall about 5 tons of meat. Because it lacked sufficient data, the agency ended up recalling about 20 tons of meat. “Having the ability to pinpoint where meat is processed ensures that companies only recall what’s necessary,” said Soma Somasundaram, director of software engineering for Agilisys, a systems developer for the manufacturing sector, in an interview. Agilisys provides automated programs to a variety of industries, but most of its clients are in the food processing business. When recalls are required, Agilisys helps food processors with tracking lot numbers and recipe data. Ken Walters, president and chief operating officer for Atlanta-based Agilisys, said the system can “track a single tray of chicken wings back to its origin and identify the exact recipe ingredients and raw materials used in the manufacturing stage.” Agilisys executives say their system, while largely engaged in food processing, can be easily integrated with other thirdparty cattle tracking devices and transportation logistics systems to provide a complete global supply chain overview. Some countries, such as the European Union, Japan and Australia, have already developed sophisticated animal tracking systems in recent years. In the case of Australia, which exports 70 percent of its beef production to more than 100 countries, this type of system offers an international trade advantage. The country’s National Livestock Identification Scheme (NLIS) tracks individual animals from the birth property to slaughter for food safety and market access purposes. A recent Australian government study estimated the overall economic loss resulting from a foot-and-mouth disease outbreak in the herd to range from $2 billion to $13 billion. “Though NLIS will not prevent a disease outbreak or residue incident, it will be able to reduce the financial and social impact of a disease epidemic due to its accurate identification and rapid traceability capabilities,” said Meat & Livestock Australia in an explanation of the system. Meat & Livestock Australia is a producerowned company that provides market access and research services to promote the country’s AMERICAN SHIPPER: APRIL 30_32AS04.indd 31 2004 31 3/18/04 12:01:05 PM LOGISTICS red meat industry. The company has about 30,000 livestock producer members. NLIS uses machine-readable radio frequency identification (RFID) devices in the form of pre-approved ear tags to identify cattle. Information is stored in a central NLIS database and follows the products through retail. “Once full transaction recording is in place, a life record of an animal’s residency, and which other animals it has interacted with, will be established,” Meat & Livestock Australia said. Other benefits from NLIS include: • Reducing financial and social impacts of livestock disease outbreaks. • Providing whole-life and origin information to Australia’s international meat customers. • Maintaining access to restricted markets. • Ensuring domestic and export consumer confidence in Australian beef. The USDA plans to start development of its national animal identification system this year. This system will also cover both imports and exports of live animals, said USDA undersecretary Bill Hawks in testimony before the Senate Agriculture Committee March 4. “Our implementation would begin with an assessment this winter and spring of the existing premises and animal number allocation systems now in use,” Hawks said. “This review would identify, validate and verify the capabilities of current systems in operation and determine the capacity of any of these systems to serve as a national premises and animal number allocator and repository. “Based on that review, we would select the most promising infrastructure to fund to develop the national premises allocation number and repository system and an animal identification allocation number and repository system,” he said. Two years ago, the National Institute for Animal Agriculture began development of the U.S. Animal Identification Plan. More than 70 organizations participated. The plan calls for the use of RFID-based cattle tags to start the tracking process. Other technologies, such as DNA testing, retinal imaging and implants, could be integrated into the system as they evolve. Advocates of this plan say any future animal identification program should complement existing animal disease surveillance and monitoring infrastructure. “We do not wish to follow the example of Europe, where too much emphasis was placed on identification and not enough emphasis on infrastructure,” said Mike John, vice president of the National Cattlemen’s Beef Association. “Though much is made of the many EU tracking systems, the EU has 32 AMERICAN SHIPPER: 30_32AS04.indd 32 APRIL been subject to a BSE epidemic, foot and mouth disease outbreak, dioxin contamination, and PCB contamination, all due in part to weak science-based infrastructure.” The USDA has claimed that its BSEtargeting program is set at a level significantly higher than the testing standards of the World Animal Health Organization (Office International des Epizooties), the standard-setting organization for animal health for 162 member countries. Under the international standard, a BSE-free country is only required to test 433 head of cattle a year. In fiscal year 2002, USDA tested 19,900 cattle for the disease. Michael F. Hampel logistics manager, PM Global Foods “If that’s the direction the market is pushing us then we’re going to have to put up or shut up.” Until the Dec. 23 announcement, the U.S. herd, which includes about 95 million cattle, was reportedly free of BSE. The disease was linked to 150 human infections in the United Kingdom during the mid-1980s. The Canadian beef industry suffered from a global ban on its exports in May 2003 when the disease was detected in a single cow in Alberta. Restarting Trade. U.S. agriculture officials are scrambling to restore the country’s beef and poultry products trade. Export markets for American beef alone accounted for about 10 percent of total U.S. production, with the largest importers located in Japan, Mexico and South Korea. These countries closed their markets to U.S. beef following the BSE announcement Dec. 23. Closure of these markets has been severe for U.S. meat producers. According to the U.S. Meat Export Federation, Mexico is the top importer of U.S. beef by volume, handling more than 349,000 tons in 2002. Japan imported $842 million in U.S. beef in 2002. Some countries have since reopened their markets to U.S. beef. Poland became the first country to resume imports, while Canada and the Philippines have kept their markets open to certain beef products. The Mexican government agreed March 4to reopen its market to boneless U.S. beef products from animals less than 30 months old. In 2003, the United States exported 335,847 metric tons of beef and related meat products to Mexico, valued at $877 million. “Boneless beef products account for the lion’s share (75 to 80 percent) of U.S. beef exports to Mexico, so we hope for brisk trade soon in these items,” said Homero Recio, vice president of the U.S. Meat Export Federation. Ron DeHaven, chief veterinary officer at the USDA, said the United States is working closely with Mexico and Canada, and the World Animal Health Organization “to promote science-based trade policies … as opposed to what historically has been an overreaction from a trade perspective and one based more on emotion and public perception and not on the science.” The United States is not alone when it comes to import bans on beef and poultry. So far, 12 countries face export bans or market constraints as a result of animal diseases, such as BSE and avian influenza. According to the United Nations Food and Agriculture Organization, about one-third of the global meat exports, or 6 million tons, are affected by animal disease outbreaks. The FAO estimates that the value of lost business due to import bans on meat could reach $10 billion in 2004. The United States and Canada account for one-fourth of global beef exports (about 1.6 million tons, valued at about $4 billion). U.S. beef exports reached 1.2 million tons in 2003. If the ban on U.S. beef stays in place for the year, the industry’s international volumes for 2004 will drop to 100,000 tons, the FAO warned. The United States, Canada and nine Asian countries affected by avian influenza-related bans account for 4 million tons or 50 percent of the world’s exports of poultry meat. As a result of the bans, non-traditional poultry suppliers, such Malaysia, the Philippines and Brazil, have moved into the global market. Malaysia will export 200 to 240 tons of boneless chicken to Japan while the Philippines is expected to ship 30,000 tons there, the FAO said. The organization also said Brazilian exporters are already planning for stronger demand for their poultry products in the wake of the avian influenza outbreaks, and will increase their 2004 production 5 to 6 percent while raising poultry exports 15 percent. In addition, the FAO forecasts an increased demand for pork. “This is already visible in Japan, where shortages of beef and chicken have led to pig meat prices surging 40 percent in February following import bans on U.S. beef and Asian poultry,” the FAO said. ■ 2004 3/18/04 11:51:18 AM PORT-03012-American Shipper 12/5/03 4:20 PM Page 1 THE PORT OF VIRGINIA PUTS DISTRIBUTION CENTERS AT THE CENTER OF WORLD TRADE. Ford Sysco Ferguson Enterprises Family Dollar Home Depot Von Holtzbrinck Publishing Services Wal-Mart Banta Books Best Buy, Inc. Wal-Mart Target Stores 33 J. Crew Orvis Co. Advance Auto Parts Hanover Direct Home Shopping Network Volvo Bacova Guild Ltd. Camrett Logistics 220 Staunton Rite Aid Kohl's Winchester WASHINGTON, DC Falls Church Fairfax City Front Royal 66 Alexandria 495 Manassas 81 29 17 Harrisonburg 301 Fredericksburg Waynesboro Charlottesville Clifton Forge 29 Lexington 64 Buena Vista 64 95 360 McLane Foods CVS Country Vintner Value City Furniture Richfood Hewlett Packard DSC Logistics 33 Covington 13 RICHMOND 17 Lynchburg Colonial Wal-Mart Heights 295 64 460 360Petersburg Food Lion Roanoke Bedford Hopewell Williamsburg 460 81 Hampton Roads Newport News Hampton 29 360 85 The Port of Virginia Portsmouth 220 Norfolk Virginia Beach Suffolk 95 64 58 Martinsville South Boston Newport News Inc. 58 Chesapeake South Hill Emporia Danville Franklin Fincastle 460 460 Big Stone Gap Blacksburg Radford 77 58 Bristol 77 Galax Wal-Mart Mid Mountain Foods Hooker Furniture Corp., Inc. Diversified Distribution, Inc. Nautica Dollar General Corp. KB Toys Jones Apparel Group, Inc. Ace Hardware Cost Plus Dollar Tree, Inc. QVC Network, Inc. Lillian Vernon Corp. Nash Finch HUDD Dai Ei Papers Target Stores Sysco Food Systems Major retailers are taking increasing advantage of The Port of Virginia’s proximity to eastern U.S. markets. Target, Wal-Mart, Dollar Tree, QVC Network, and Cost Plus have all set up supply chain centers throughout Virginia. Some 13 million square feet of new warehousing space has been added at more than 30 new distribution centers around the state. As a result, mass marketers now account for 40 percent of containerized imports at The Port. And more growth is on the horizon as other leaders in the global market seek to capitalize on The Port’s distribution network. THE PORT OF VIRGINIA Newport News Marine Terminal • Norfolk International Terminals • Portsmouth Marine Terminal • Virginia Inland Port Virginia Port Authority • 600 World Trade Center • Norfolk,VA 23510 USA • Phone 757-683-8000 • FAX 757-683-8500 • Toll Free 800-446-8098 • www.vaports.com LOGISTICS WCO widens supply chain security scope Customs organization seeks new resolution focused on physical container controls. BY CHRIS GILLIS M ost customs administrations realize advance cargo information is only part of the supply chain security equation, and have turned their attention to the physical security of ocean containers. The World Customs Organization secretariat plans to respond to this objective by proposing a new resolution at the WCO’s June council session that will focus on the prevention of terrorist and other illegal infiltrations of containers. In mid-February, WCO Secretary General Michel Danet met with Robert Bonner, commissioner of the U.S. Bureau of Customs and Border Protection, in Washington to discuss the development of global physical container security guidelines. Following the Sept. 11, 2001, terrorist attacks in the United Bonner States, governments and security experts warned that terrorists may attempt to use legitimate cargo conveyances, such as ocean containers, to carry out future attacks involving weapons of mass destruction. It’s estimated that more than 200 million containers move between the world’s seaports each year. U.S. Customs responded to this threat by implementing a container control program, known as the Container Security Initiative (CSI), in January 2002. CSI requires U.S. Customs to establish bilateral agreements with other governments to target and prescreen high-risk containers in overseas seaports before they’re shipped to the United States. U.S. Customs officers, equipped with advanced manifest information and nonintrusive inspection equipment, work with their counterparts in the overseas ports. U.S. Customs also became part of the Transportation Department-sponsored Container Working Group, which oversees Operation Safe Commerce, a public/private 34 AMERICAN SHIPPER: 34_36AS04.indd 34 APRIL Michel Danet secretary general, World Customs Organization “The United States won’t be able to secure all the ports in the world. However, through an international reference, containers could be physically secured from anywhere in the world.” partnership involved in testing existing and new security technologies for containers in transit. At the same time CSI and Operation Safe Commerce were rolled out, the WCO received impetus from the Group of Eight countries, of which the United States is a member, to develop guidelines to improve international supply chain security. This work, largely in line with CSI, was conducted by a WCO-initiated task force that included representatives from 50 countries and 25 intergovernmental organizations and companies. The WCO task force’s work concludes in early April. Unlike U.S. Customs’ CSI program, the implementation of the WCO supply chain security guidelines by overseas customs administrations is still in its infancy. The WCO, however, believes a resolution for physical container security could foster a “green channel” for cargo to the United States from non-CSI countries. “The United States won’t be able to secure all the ports in the world,” Danet said in a recent interview. “However, through an international reference, containers could be physically secured from anywhere in the world.” Similar to the work of the supply-chain security task force, the WCO expects to invite shippers and carrier representatives, along with the manufacturers of electronic and manual container seals, to discuss current and future developments of container seal technology. The first meeting will take place at the WCO’s headquarters in Brussels before the end of the year, followed by regional meetings in 2005 and 2006, Danet said. “We want to have a dialogue and partnership with the trade. We need to know the needs of the traders to see what types of actions will be taken and the tools that will be used,” he said. Since the WCO is a non-binding organization, it can only recommend operational best practices for customs administrations to implement. Danet said the WCO would emphasize the “economic benefits” of implementing a global physical container security program. At the upcoming June council meeting, the WCO secretariat also plans to announce the formation of a high-level strategic working group of customs director generals. This select group of officials will meet at least once a year to discuss mutual security concerns, such as the proliferation of weapons of mass destruction, Danet said. Another area of interest for the WCO is the evolution of customs agencies beyond just inspection and revenue collection to becoming multifaceted border forces. This change has already occurred for some customs administrations, such as the United States and Canada. Other countries are moving in the same direction. “We’re not talking about the adoption of protectionist measures but building more comprehensive controls at the borders for cargo, passengers, money and immigration,” Danet said. Danet is confident that the WCO council will approve the proposed measures as ways to further strengthen the organization’s role in both supply chain security and trade facilitation. Danet praised the supply-chain security task force’s “phenomenal work” during the past year and a half. He added: “That’s why I strongly believe we need to continue working with the private sector.” During the development of the supply chain security guidelines, some conflicts emerged between customs and industry members of the task force. “It’s always difficult to have customs administrations and industry work together, because customs administrations are convinced that it’s up to them to decide 2004 3/18/04 12:09:04 PM FETN OCEAN AD_American Shipper 12/1/03 11:48 AM Page 1 FedEx ships ocean? Absolutely. Wherever in the world you trade, FedEx Trade Networks can get you there with competitive ocean transportation. Whether it is full-container-load or less-than-container-load, FedEx Trade Networks connects you to major world markets with a complete line of transportation solutions. Worried about competitive ocean rates and flexible transit times? Relax, it’s FedEx. ftn.fedex.com ©2003 FedEx 1.800.715.4045 SM LOGISTICS what needs to be done, while the trade, because they’re players, believe nothing should be done without their concerns taken into consideration,” Danet said. The task force concluded its guidelines in June 2003, but continued to meet to address lingering concerns of customs administrations and industry sectors. The crux of the guidelines is that security risk assessments of the supply chain by customs administrations should begin at the cargo’s origin. Export declarations, which are generated from existing commercial documents, generally include the essential data elements, such as commodity description, price, origin and destination, shipper and consignee details and transportation provider, to conduct adequate cargo risk assessments. Customs administrations traditionally overlooked exports, because they’re generally deemed positive for the national economy. Governments generate large portions of their annual revenues from imports. The task force supported the development of WCO-based bilateral and multilateral agreements on common minimum control and risk management standards, shared intelligence programs, and risk profiles of shippers and trade flows. “Unique consignment reference” numbers should link these data exchanges. The biggest benefit to international shippers involved in this integrated control chain is preclearance of their goods upon arrival in the importing country. Danet said the WCO will test the guidelines by promoting pilots between customs administrations and industry sectors. ■ Delay in enforcing ‘shipper’ definition U.S. Customs heeds industry’s warnings on risks of changing definition. WASHINGTON Ocean carriers will be able to continue to use the traditional definition of a shipper in cargo declarations, after the U.S. Bureau of Customs and Border Protection agreed to delay enforcement of a change of who should be shown as the “shipper” on cargo manifests. The proposed change formed part of a review of data required by Customs in the advanced submission of cargo information under the Trade Act of 2002. “Customs and Border Protection will allow for the current definition of ‘shipper’ as outlined in the 24-hour final rule until further notice,” the agency said in a statement in late February. It had earlier intended to enforce, effective March 4, a ruling that carriers must submit information on shippers, defined as “the owner or exporter” of the cargo, via the Sea Automated Manifest System. This definition of “shipper” deviated from the previous one used in the 24-hour rule on advanced cargo transmission, for which the shipper could be an exporter or an intermediary. Relief. The delay came as a relief to several industry associations, which had warned that enforcing the proposed change in the shipper definition was unworkable. “We tried to come up with alternatives,” said Peter Gatti, executive vice president of the National Industrial Transportation League. But there is no automated system that would allow importers to transmit data to customs before the goods are loaded on 36 AMERICAN SHIPPER: 34_36AS04.indd 36 APRIL a ship, he said. One possible solution may be to create an electronic portal to consolidate and gather the data on shipments, but this process would take time, Gatti said. Until now, for maritime shipments, Customs has relied on ocean carriers’ manifests to provide it with data on cargoes. Changing the identity of the shipper on the bill of lading or on the manifest would meet Customs’ requirements of knowing who the cargo owner or exporter really is. But by doing this, “you upset the commercial relationships” between ocean carriers, shippers and other contractual parties, Gatti said. Joint Petition. In early February, four U.S. trade associations joined forces and sent a common petition to U.S. Customs requesting changes to the new rules governing the advance transmission of electronic data, including the rule on the shipper definition. The NIT League, the National Customs Brokers and Forwarders Association of America, the World Shipping Council and the Retail Industry Leaders Association (formerly known as the International Mass Retail Association) argued that the final rule, issued Dec. 5, was impractical and could damage the industry. Customs’ delay on the change in the shipper definition is believed to be the direct result of this joint industry petition. Because the information Customs gathers would come from bills of lading, carriers would still need to be able to use the same definition of the shipper as that used in the B/L, the industry groups said at the time, noting that the shipper on the B/L may or may not be the cargo owner and exporter. When the ocean carrier’s shipper shown on the B/L is an intermediary, applying the rule would require ocean carriers to obtain information not on its customers, but on the intermediary’s customers, the industry groups said. This could mean replacing the entity shown as “shipper” on the B/L, such as a consolidator, by “multiple entities on multiple B/Ls that have no relationship to the transportation contract.” “Carriers simply do not routinely receive information about their transportation customers’ suppliers,” the associations stressed. The industry associations also warned that the shipper listed on the B/L could differ from the name of the seller in contract of sale or purchase of the goods. “Under those circumstances, the issuing bank will not pay under the letter of credit, and the transaction will be thwarted,” they told Customs. Last summer, the World Shipping Council also expressed concerns over the proposed rule requiring the identity of “the actual shipper (the owner and exporter)” of the cargo from the origin country outside the United States. The carrier group asked Customs at the time to delete the amended definition of “shipper,” or “more appropriately ... to place the information-reporting requirements for ‘actual shipper’ information on the parties to the underlying import transaction, not the carrier, which is a party only to the transportation contract.” Review. U.S. Customs said the purpose for the enforcement delay in the change of the shipper definition was to allow the agency “time to review a petition submitted by trade representatives challenging the definition of shipper.” It did not indicate how long the review would take. U.S. Customs said it “will continue to make risk determinations on the information provided in the shipper field as we do today.” Information that is not useful in assessing risk will “invite closer scrutiny and increase the likelihood that the shipment will be examined,” the agency warned. The agency has expressed dissatisfaction about the quality of the information it receives on shippers for some time. “Currently, the information Customs and Border Protection receives about the shipper is not helpful in making risk determinations,” it said in a statement in early February. “For example, identifying the shipper as a carrier, bank or importer does not provide Customs and Border Protection with useful information.” ■ 2004 3/18/04 12:09:25 PM ... I WISH TO COMMUNICATE WITH YOU .. . GETTING THE RIGHT SIGNALS TO MANAGE YOUR TRANSPORTATION? If not, your business may be “running into danger.” . . YOU ARE RUNNING INTO DANGER ... .. . STOP CARRYING OUT YOUR INTENTIONS AND WATCH FOR MY SIGNALS Americas Systems provides the practical tools and unique domain expertise required to improve global transportation planning and execution. For 15 years, our mix of business and IT services has helped world leaders in retail, manufacturing and logistics improve decision making for transportation management and extend the return on investment from ERP and SCM initiatives. Visit www.americasys.com today to download your free whitepaper, “Bridging the Enterprise – Transportation Information Gap.” Or contact us for immediate consultation at [email protected] | (866) 775-TIME s Innovative IT Solutions for Transportation™ ASEAMERSYS09.indd 1 1/7/04 12:43:53 PM LOGISTICS Chinese base for Zim Logistics Logistics unit aims to build its business from China outwards. BY PHILIP DAMAS Z im Logistics, the two-year-old international logistics arm of Haifabased Zim Israel Navigation Co., has set its eyes firmly on China as the starting base on which to build its business. Zim Logistics (China) Ltd. was formed at the end of 2001 and started business activities in Shanghai in March 2002. Danny Hoffmann, its chief executive off icer, promises that other logistics operations will be established all Hoffmann over the world. “Zim Logistics (China) is the first company,” Hoffmann said. Having started in China, Zim Logistics will expand “from the east to the west.” The company has already set up Zim Logistics offshoots in Vietnam and Singapore, and appointed agents in several countries. Zim Logistics appointed Carpe Air & Sea Shipping Inc., based in Englewood Cliffs, N.J., as its exclusive U.S. agent in October. Zim Logistics (China) is one of only six non-Chinese companies that has a “class A” non-vessel-operating common carrier license for “shipping-related business,” Hoffmann said. Maersk Logistics, APL Logistics, NYK and P&O Nedlloyd Logistics are among the others. Zim Logistics is opening a branch in Guangzhou, South China. Its five other branches in the country are located in Shenzhen, Xiamen, Nanjing, Qingdao and Beijing. Like other major shipping lines and freight forwarders, Zim wants to provide A passion to excel Setting the U.S. security standards for fumigation Delivering detailed documentation and program verification Certifying all technicians in food safety and security Guaranteeing compliance with USDA, EPA, DOT... and now The U.S. Department of Homeland Security Servicing the Eastern United States Ports since 1928 ® FUMIGATION Call 1-800-542-1542 38 38AS04.indd 38 AMERICAN SHIPPER: APRIL www.westernfumigation.com logistics services as a complement to existing oceanborne transport activities. Zim Logistics (China) provides forwarding, customs declarations, trucking, rail transport, barge transport, inland distribution, packaging, labeling, warehousing, project cargo and air freight activities. Under its Chinese license, the company is allowed to bypass the usual Chinese-owned intermediary agents and directly engage in commercial transactions. This includes collecting freight charges, booking space with carriers, warehousing, container stuffing and unstuffing, issuing cargo receipts and inland transport. The company can also provide trucking activities via subcontractors and carry out customs clearance via a customs broker. Zim Logistics provides some inland distribution for Budweiser in China. It loads imported cargo into containers and trucks them from Ningbo to nearby Shanghai. The logistics company also ships containers on barges to Wuhan, and then to the shipper’s factory. For ocean freight, the company consolidates cargoes from different Chinese or other Asian origins into a single container, a service called multicountry consolidation. For air freight, Zim Logistics (China) has been appointed general sales agent for the cargo division of the Israeli state airline El Al. The logistics firm can air freight cargo to Tel Aviv, Israel, where cargo is transshipped to Europe, Africa and North America. This year, the logistics company plans to extend its international network of agents. “We are studying,” Hoffmann said. Sea, River Transport. Besides Zim Logistics (China), Zim also owns Sun Cypress Shipping Co. Ltd., a Chinese-based common barge operator established in 1999. The two affiliates are separate companies. The barge transport company operates feeders along the Pearl River in South China. The feeder ships cover the main ports located in the Pearl River Delta, including Huangpu, Shekou, Chiwan, Sanshan, Rongqi, Sanshui, Xintang, Nansha, Jiangmen and Zhuhai. The company also provides project cargo handling service and container management. As a shipping line, Zim Israel Navigation is “the largest carrier” in the port of Shekou, South China, and the ninth-largest in the port of Shanghai, Hoffmann said. When doing business with shipping lines’ logistics affiliates, the question of neutrality in ocean carrier selection is an important one for shippers. But he said Zim Logistics (China) is a third-party logistics provider, and negotiates with several carriers other than Zim Israel Navigation. “We don’t have any obligation to Zim” as a carrier. ■ 2004 3/18/04 12:13:54 PM LOGISTICS Sierra Leone rebuilds customs West African nation hopes to regain trade controls. BRUSSELS Sierra Leone wants to rebuild its economy and believes a new customs administration will help move it in that direction. The West African country’s customs operations and local shipping industry were essentially destroyed by 11 years of bloody civil war, which ended in 1998. The Sierra Leone government has spent the past five years trying to rebuild the national economy. Before the war, Sierra Leone’s customs service and income tax collections were separate operations, resulting in unstable and underused border controls, said Sahr E. Johnny, first secretary at Sierra Leone’s embassy in Belgium, in a recent interview. In 2002, Sierra Leone merged its customs and income tax operations under the National Revenue Authority Johnny Act. The country’s new National Revenue Authority is headed by General Director John Karimu, who is assisted by Nat Cole, head of customs. The National Revenue Authority also advises the government about the businesses that operate in the country. “There should now be more drive towards collecting excise duties, especially from some small companies that have evaded these taxes for so long,” Johnny said. The government’s goal is to implement a customs service of about 500 officers and support staff to oversee the movement of goods through the country for both control and tax collection purposes. For now, illegal trade activities are still commonplace in Sierra Leone. Today, Sierra Leone has no industrial manufacturing sector. Before the war its primary domestic industries were beer, cigarettes, cement and flour production. The country imports consumer goods, electronics and foodstuffs, mostly from China. The country has the potential to export raw diamonds, bauxite and some agricultural products, such as coffee, cocoa and fish. Some exports, such as raw diamonds, were alleged to have fueled the war machines of both anti- and pro-government groups during the civil war, and were subsequently banned by many countries. “Nothing is happening right now (with exports), but the potential is there,” said Lamin Traore, chief executive officer of Sitral Group, based in Conakry, Guinea. Sitral, which has an office in Freetown, Sierra Leone, is involved in electrical power, water generation and other infrastructure projects in the region. Traore said the government should work harder to lift wartime import bans, for example in the European Union, on Sierra Leone’s agriculture and fish products to help jumpstart exports and reduce the potential for smuggling these goods out through neighboring countries. Another disincentive to trade in Sierra Leone is the 45- to 60-percent duties placed on imports arriving in Freetown. This also encourages shippers to route their cargo through Guinea, instead of Freetown’s seaport and airport, to avoid the duties, Traore said. Sierra Leone’s importers also remain concerned about non-tariff barriers to trade, such as the 72- to-96 hour delays for the government to process preshipment import licenses, and the creation of additional bureaucracy to oversee customs operations. ■ Connecting Continents Mississippi’s Largest Port ★ The Port of Pascagoula on the Gulf of Mexico... • World-class cargo handling facilities • 13 miles / 2 hours to Gulf Shipping Lanes • 38 - 42 ft. ship channels • Ro-Ro capability • Over 700,000 sq. ft. covered storage • Extensive open storage • Cold storage and freezer facilities • Marginal track for direct ship-to-rail transfer • Competitive rates • Full time security • Personal service and Much More... Main Office - Pascagoula, MS Miami Office 228-762-4041 305-254-3117 www.portofpascagoula.com AMERICAN SHIPPER: APRIL 39AS04.indd 39 2004 39 3/18/04 12:16:27 PM ‘End game’ is here BAX Global wants the U.S. Federal Maritime Commission to end a petition drive within the non-vesseloperating common carrier industry for the ability to sign confidential service contracts with shippers, and end the practice of tariff publication by proceeding to a proposed rulemaking. The flurry of petitions from the NVO industry started shortly after UPS filed its petition in July 2003, asking the FMC to use its exemption authority under section 16 of the 1998 Ocean Shipping Reform Act to allow UPS to offer customers confidential service contracts. This privilege was granted to vessel-operating common carriers in OSRA. The National Customs Brokers and Forwarders Association of America followed with another petition asking that the FMC to use similar authority under OSRA to end the requirement for NVOs to publish tariffs. NVOs have complained over the years that tariff publishing is a costly exercise with little benefit to shippers. Other large NVOs, such as C.H. Robinson Worldwide, Ocean World Lines, DHL-Danzas Air and Ocean and BDP International, filed petitions along the same lines. And behind these petitions, particularly the one by UPS, are hundreds of comments from lawmakers and industry officials, including the U.S. Justice Department. “Simply put, BAX believes the endgame has arrived, the record is complete, and the commission must act promptly,” said the Southern California-based NVO in comments to the FMC on Feb. 13. “It is time for the commission to consolidate all related, pending petitions into a single rulemaking on the issue of service contract authority for qualified non-vessel-operating common carriers.” When BAX filed its NVO service contracting petition to the FMC Oct. 10, the company urged the agency to pursue the rulemaking route. “Rulemaking is the preferred process to adopt when an agency seeks to formulate new policy because it provides public participation in the process, avoids time-consuming adjudicatory hearings, and allows for easier enforcement,” the BAX petition said. BAX cautioned the FMC in its latest comments that “continued failure to consolidate the similar filings and initiate a rulemaking will only invite a continual stream of petitions from the NVOCC community.” Not acting at all could put the FMC face to face with lawmakers on Capitol Hill. “The commission has a big decision to make regarding NVOs and confidential service contracting,” said a Washington attorney familiar with the petitions. “The FMC should do something in consultation with the industry, or the industry will seek legislative change. This is not a threat, but the reality of the situation.” The attorney, who requested anonymity, pointed out that OSRA in some respects is already behind the times with the emergence of large American asset-based NVOs, such as UPS, FedEx and BAX Global, and the FMC’s traditional carrier-centric approach to industry issues appears outdated in the modern supply chain and logistics environment. FMC Chairman Steven Blust acknowledged during a March 4 House budget hearing that the NVO petitions and comments “address the substantive requests for relief, as well as fundamental question of whether the commission has the authority to grant the types of relief requested, and we are presently considering these issues.” The reaction from a number of operators in the NVO industry to Blust’s comments has already resulted in the circulation of some draft legislation that not only goes to the 40 40AS04.indd 40 AMERICAN SHIPPER: APRIL issue of service contracts, but to antitrust immunity enjoyed by liner carriers under the 1984 Shipping Act and some even questioning taxpayer money going to foreign-controlled carriers under the U.S. Maritime Security Program. A sticky one Is it a case of shipper deception or facing up to the competitive reality in the non-vessel-operating common carrier industry? That’s the sticky question the U.S. Federal Maritime Commission will face if it delves into a recent petition filed by Crowley Logistics and its subsidiary Apparel Transportation against the newly formed Apparel Logistics. The petition asked the agency to revoke Apparel Logistics’ ocean transportation license and to investigate its “character” and intent in the market. The petition alleged that Apparel Logistics was “secretly incorporated” by former Apparel Transportation executive Manuel Lescano six days before it bought Apparel Transportation on June 24, 2003. Furthermore, Leo Del Calvo Sr., the qualifying individual for Apparel Logistics’ OTI license application, is father of Leo Del Calvo Jr., a manager in Crowley Logistics’Apparel Transportation. The petition also alleged that Apparel Logistics hired away some Apparel Transportation employees with valuable account and ocean operations information both in the United States and abroad. Apparel Transportation, a Miami-based FMC-licensed NVO and freight forwarder, is focused on the U.S./Central American clothing and textile market. The company’s clients also require specialized services involving the shipment, handling, and imports of wearing apparel. Apparel Logistics, also based in Miami, rebuffed Crowley Logistics’ petition as an attempt to “thwart competition in the open marketplace,” and said the FMC should dismiss it. “Upon careful review, it becomes apparent that Crowley’s real ‘concerns’ are not about ‘integrity and character,’ but instead are concerns about having to face competition in the transportation industry,” Apparel Logistics said in filed comments. “Crowley knows that (Apparel) Logistics is a start-up company and hopes to crush such company under the weight of legal fees and harassment.” Apparel Logistics, which received its OTI license from the FMC Feb. 13, denied hiring away Apparel Transportation employees, and if so, said that shouldn’t matter. “If Crowley were to have its way, none of its former employees could work for a competitor,” Apparel Logistics said. “Such a result cannot be proper because it’s adverse effect on competition in the marketplace.” In addition, Apparel Logistics criticized Crowley Logistics’ allegation that its corporate name is deceptive to Apparel Transportation’s shippers. Apparel Logistics pointed out that there are several businesses in South Florida with “Apparel” as the first word in their names. “Has Crowley filed suit against such entities? Has Crowley taken action to deny any licenses to such entities? Of course not, as Crowley does not have an ax to grind against a former employee as in the case here,” Apparel Logistics said. Apparel Logistics noted that in addition to the FMC petition, Crowley Logistics attempted to block the company’s creation through litigation in the Florida courts. Apparel Logistics said this approach “smacks of illegal antitrust violations.” The FMC may want to defer on this one and let the two companies fight it out in court. 2004 3/18/04 12:19:43 PM MAR558B_AltRouteAd_AmerShip.qxd 12/22/03 1:55 PM Page 1 ESCAPE GRIDLOCK: TAKE THE PORTLAND ROUTE. Save Time and Money. Concerned with rising import cost? Losing time at crowded West Coast terminals and highways? Consider the Port of Portland. It’s your noncongested gateway offering less expensive transload and inland rates to Midwest points and beyond. You’ll be surprised what you can save using the Portland alternative. Call Eileen Murche at 1-800-547-8411, ext. 7235 or e-mail her at [email protected] to learn more about the Portland advantage. portofportland.com ON DOCK INTERMODAL CONNECTIONS • FULL CONTAINER ON-DOCK FOREIGN TRADE ZONE • PORT-OPERATED CONTAINER FACILITY FORWARDING / NVOs Bush ends GSP benefits for 10 countries WASHINGTON The Bush administration has terminated preferential tariff treatment for 10 countries due to political and economic changes. The 10 countries are no longer eligible to use the U.S. Generalized System of Preferences. GSP, which was reauthorized in the 2002 Trade Act until the end of 2006, grants tariff-free status to imported products from certain developing countries. Seven of the countries removed from the U.S. GSP program are located in Eastern Europe. They are the Czech Republic, Estonia, Hungary, Lithuania, Latvia, Poland and Slovakia. These countries are scheduled to join the European Union on May 1. The other three countries coming off the U.S. GSP program are Antigua and Barbuda, Bahrain and Barbados. The administration said these countries are now defined as “high income” countries as defined by the International Bank for Reconstruction and Development. ■ CaroTrans rolls out NVO online booking system UNION, N.J. CaroTrans International has initiated a new online booking program in its system. U.S.-based shippers, freight forwarders and co-loaders are now eligible to use the Union, N.J.-based non-vessel-operating common carrier’s online system for U.S. export bookings. A login and password are required. Through the system, data feeds from the Internet to NVO’s operating system and generates a booking number, which is fed back online to the customer making the booking. The application was under development since last year and required about six months to take live. The project was led by Kevin Drinkwater, global information technology manager for Mainfreight in New Zealand. Mainfreight owns CaroTrans. For more information, access online www. carotrans.com. ■ Tibbett & Britten to test RFID technology EDMONTON, Alberta Tibbett & Britten Americas, a unit of Tibbett & Britten Group, a U.K.-based logistics services provider, has signed a four-way partnership to test radio frequency identification (RFID) technology in a distribution center in Edmonton, Alberta. Tibbett & Britten’s partners are IconNicholson, Raymond Corp. and the Econorack Group of Cos. The venture will design and build an RFID environment at a distribution warehouse provided by Connect Logistics, a group member of Tibbett & Britten and also a third-party logistics provider for the Alberta Gaming and Liquor Commission. A portion of the warehouse will be configured with RFID hardware, tags and software, to be used with lift trucks, pallet and carton storage locations, and dock door. ■ In today’s complex world of international trade, transportation logistics is more important than ever to your success. LET US SHRINK YOUR WORLD! United Shipping, Inc. − a global network of 90 independently owned and operated transportation logistics professionals provide the assurance needed to insure your shipment is quickly, safely and economically delivered to its final destination. From freight forwarding to customs clearance, United Shipping’s team of experts in over 47 countries give you reliable, personalized service, as well as peace of mind. Toll Free: 800-783-0730 Email: [email protected] Website: www.unitedshipping.com 42 42AS04.indd 42 AMERICAN SHIPPER: APRIL Visit our website or call the toll free number to find the location of the office nearest you. Kuehne & Nagel U.S. unit takes in USCO NAUGATUCK, Conn. Kuehne & Nagel Inc., the U.S. unit of Kuehne & Nagel International AG, a Swiss provider of forwarding and logistics services, has fully integrated the unit known as Kuehne & Nagel Logistics Inc., formerly USCO Logistics. As a result of the integration, Robert R. Auray, president and chief executive officer of Kuehne & Nagel Logistics, “is leaving the company to pursue other interests,” Kuehne & Nagel International said in a statement. Auray had the same roles at USCO. Kuehne & Nagel International said Dan DeSoto has assumed responsibility for U.S. contract logistics as managing director and executive vice president, reporting to Rolf Altorfer, president of Kuehne & Nagel Inc. DeSoto was executive vice president, operations, for Kuehne & Nagel Logistics and USCO. Kuehne & Nagel International acquired USCO in 2001 and rebranded the unit in February as Kuehne & Nagel Logistics. The integration brings U.S. international forwarding and contract logistics operations into a management structure that parallels Kuehne & Nagel operations globally, said Klaus Herms, president and CEO of Kuehne & Nagel International AG. The contract logistics headquarters of Kuehne & Nagel Inc. will remain in Naugatuck, Conn. CAT Group. The big Swiss logistics company also recently completed its purchase of CAT Group’s Overseas Logistics Division. K&N said it received approval from the French antitrust authorities for its acquisition, which was originally announced Jan. 21. CAT Group’s forwarding unit comprises air and sea freight, customs clearance and project business. K&N is integrating CAT’s operations, business and contracts as well as 80 staff. Jacques Petit, former managing director of CAT Overseas Logistics, has been named automotive development director for Kuehne & Nagel in France. He will be responsible for further development of K&N’s logistics services for the automotive industry there and will also act as key account manager for the Renault-Nissan account worldwide. ■ 2004 3/18/04 12:30:00 PM alsd_1129_am_shipper 12/5/03 12:35 PM Page 1 IN THE TRANSPORTATION BUSINESS, time is money. No one profits when your cargo is sitting on a dock, wasting time. Now, with our new fixed-day, weekly container service, your cargoes get to market that much faster. The Alabama State Port Authority provides unmatched access to destinations worldwide via five Class I railroads, two interstate highways, an air cargo terminal, more than 65 truck lines and the most extensive barge routes east of the Mississippi. Keep your cargoes moving, and watch the profits roll in. MOBILE. THE REAL EASY. Alabama State Port Authority P.O. Box 1588 Mobile, AL 36633 251-441-7001 FAX 251-441-7216 www.asdd.com USPS tries to shake regulatory shackles Warnings of looming financial crisis spurs change to private business model. BY ERIC KULISCH A confluence of bad circumstances has members of U.S. Congress, the General Accounting Office, postal officials, customers, private sector competitors and others warning of further rate increases and service interruptions unless the U.S. Postal Service’s charter is modernized. Congress, primarily the House, has debated the need for postal modernization for the better part of the past decade. 44 AMERICAN SHIPPER: 44_54AS04.indd 44 APRIL The effort has gained momentum now that the Bush administration has joined in making postal reform a high priority. Last July, a postal commission appointed by President Bush recommended several changes, many advocated by the USPS itself, to create a more modern, streamlined and responsive mail handling entity. Congress appears ready to pass a legislative package this year to address the problems facing the postal agency. “Universal postal service is at risk and … reform is needed to minimize the danger of a significant taxpayer bailout or dramatic postal rate increase,” said Rep. John McHugh, R-N.Y., who recently chaired 2004 3/18/04 12:52:36 PM several hearings of the House Government Reform Committee special panel on postal reform and oversight, in opening remarks. Companies, like individuals, rely on the U.S. Postal Service to conduct business. The fortunes of direct marketers, publishers and catalog retailers are most directly tied to quality postal service, but virtually every American shipper depends on a national document distribution system for billing, advertising and other business-to-business or business-to-consumer communications. Companies have to manage the mail chain — the flow of documents and parcels in and out of their organizations — just as they do other parts of their supply chain. The USPS is the largest player in a $900billion mail and parcel delivery industry that accounts for 8 percent of the U.S. Gross Domestic Product, and includes companies such as FedEx, UPS, automated sorting equipment manufacturers, paper mills, printers, card and envelope manufactures, catalog retailers, home shopping networks, online retailers such as eBay and Amazon. com, and publishers. The U.S. postal system “is the largest single logistics network in this country,” Michael Critelli, chairman and chief executive officer of Pitney Bowes (the mail and document management company that invented the postage meter 84 years ago), recently told a House panel. On the surface, the USPS is doing pretty well for a behemoth bureaucracy. The Postal Service has been mostly self-financed since the mid-1970s, when subsidies were phased out following the transition from the old Post Office Department to the more business-oriented U.S. Postal Service. In 2003, the USPS turned a profit for the first time since fiscal 1999. The $3.9-billion surplus on a 3.1-percent rise in revenue to $68.5 billion followed a $676-million loss in 2002 and a $1.7-billion shortfall in 2001. And the agency has made strides during the last three years containing workforce costs and increasing productivity. Last year Congress corrected the formula for funding its retirement system, thereby reducing the amount of money the USPS is required to annually pay into its pension fund, and eliminating the need for a rate increase until 2006 at the earliest, according to postal officials. They attribute about $3 billion of the agency’s 2003 surplus to fixing the pension overpayments, meaning a real net income of $900 million. But the long-term trends are more sobering, according to postal and labor officials, oversight agencies and large corporate mailers. Rising costs will soon overwhelm the temporary surpluses created by the new law. Meanwhile, the USPS faces about $90 billion in debt, pension and workmen’s compensation obligations and health benefit liabilities at the same time mail volumes and revenue are declining. Those health care obligations are expected to rise with a large percentage of USPS’s 730,000 employees nearing retirement age. The debt load has forced the Postal Service to sharply cut back on capital investment to replace aging vehicles and facilities this century. Mail Drop. Total mail volume declined last year for the third year in a row. The nation’s mail service provider delivered 202.2 billion letters, advertisements, periodicals and packages in fiscal year 2003, more than 43 percent of the world’s total, but down from 207.5 billion in 2001. By 2017 total mail volume is projected to slide to 181.7 billion pieces, contributing to an $8.5 billion loss, according to a report last year by the Bush-appointed postal commission. While revenues rose in 2003, they were under budget, and the USPS fiscal 2004 budget forecasts overall revenue to remain stagnant, which would mark the first year since 1970 that revenues have failed to increase, the GAO said. First-Class mail, which produces revenue that covers more than two-thirds of the USPS’s overhead costs, fell a record 3.2 percent and is projected to decline annually in coming years. More specifically, the volume of 37-cent letters slipped a record 5.4 percent, while bulk First-Class mail dipped 1 percent for the first time since 1976. FirstClass mail volume is down five billion pieces from a peak of 104 billion pieces in 2001, amounting to $4.5 billion less in revenue according to postal officials. In fact, the rate of growth of First-Class Mail has been slowing since 1984. The USPS blames volume and revenue shortfalls to increasing use of e-mail, faxes and electronic bill payments; intense competition from private package delivery companies such as FedEx, UPS, and DHL, a subsidiary of partially privatized German national postal services Deutsche Post; the shift by businesses to more ground delivery services; and an increasing share of total volume from lower-margin bulk mail. The USPS is not unique when it comes to the impact of electronic communication. Document business has remained flat or declined at FedEx and UPS in the last three to four years. The problem for the Postal Service is that other classes of mail are not making up for the First-Class shortfall. Volume for Standard mail, which mostly comprises advertising, is growing and now accounts for 45 percent of the total, but the lower standard rate means less money is allocated to cover costs on a piece by piece comparison. Other products are experiencing volume declines or slow growth. Meanwhile, key costs, such as for new bioterror detection systems, continue to rise and productivity gains are expected to slow, according to the GAO. Bills and payments account for 25 percent of postal revenue, according to Postal Service figures. The USPS is in a Catch-22 when it comes to rates because any increase is likely to drive companies to accelerate use of electronic billing methods, the GAO forecast. Every year the USPS adds about 1.8 million new addresses to its delivery network. Volume declines pose a huge challenge for cost control because they are occurring even as the USPS expands its network infrastructure — vehicles, postal facilities, routes — to keep up with population growth and suburban expansion. The USPS delivers AMERICAN SHIPPER: APRIL 44_54AS04.indd 45 2004 45 3/18/04 12:56:02 PM TRANSPORT / INTEGRATORS Reform. Changing the postal laws has proved difficult in the past because different constituencies — mail companies, consumers, businesses, and unions — have not been able to reach consensus on how to implement a postal reorganization. Most groups agree that the Postal Service needs to be fixed, but differ on specific solutions. But “a continued stalemate would force the Postal Service to operate under its present, increasingly outmoded business model until enough customers abandon the system to make financial failure unavoidable,” the agency said in its 2002 Transformation Plan. The USPS is lobbying for new rules that would alter its public policy mandate to provide universal service no matter the cost, while following strict rate-setting procedures and civil service protections for workers, a combination that tends to institutionalize inefficiency at a time when companies need freedom to quickly adapt to the ever-changing global economy. Post offices, for example, can’t be closed or consolidated without going through a complicated approval process. Or consider that it also can take more than 10 months for the USPS to get approval from the Rate Commission for an increase in postage and delivery rates, and another eight months to implement them. It takes that long, and millions of dollars, for the USPS, its customers and competitors to marshal economic data and legal arguments for and against the need for rate increases. The prohibitive cost of these trial-like proceedings tends to leave smaller businesses and consumers out of the debate. Sought-after reforms would cover everything from labor management, to higher borrowing limits and pricing flexibility, to how goods and services like transportation are procured. The USPS is already taking steps to improve productivity, but needs extra authority from Congress to make the transition to a near-autonomous commercial operation. New legislation and other proposals being considered would make it easier for the USPS to make sweeping changes in 46 AMERICAN SHIPPER: 44_54AS04.indd 46 APRIL First-class mail volume growth (Fiscal years 1984-2004) 8 7 Actual Projected: Postal service 6 5 Annual % change to 5.4 million more addresses today than in 2000, while the amount of mail delivered declined 5.7 billion pieces, David Fineman, chairman of the USPS Board of Governors told the House panel in February. “The combination of declining FirstClass volume, increasing delivery points, and expanding benefits costs has put the Postal Service into a box which no amount of good management, cost cutting, or improved efficiency can get us out of. We can’t get out of the box because the current business model won’t allow us to,” Fineman said. 4 3 2 1 0 -1 -2 -3 -4 ‘84 ‘85 ‘86 ‘87 ‘88 ‘89 ‘90 ‘91 ‘92 ‘93 ‘94 ‘95 ‘96 ‘97 ‘98 ‘99 ‘00 ‘01 ‘02 ‘03 ‘04 Fiscal year Source: U.S. Postal Service. how it does business by lifting operating restraints and giving management more power to reduce costs, set rates, negotiate prices and services with major customers, adjust transportation routes, introduce new sources of revenue, and change existing product offerings, prices and service levels to meet, or even spur, demand. Variable pricing, for example, could encourage business mailers to clearly identify their address in order to make the mail more traceable for service and security reasons, or act as an incentive to mail during non-peak periods. Relaxing rigid rules might give the USPS the ability counter the current spike in fuel costs with a surcharge, a common cost recovery mechanism used by private transportation providers. Congress also wants to end indirect subsidies and expand a new performance-based system for measuring employees and service standards to make the agency more accountable to customers and taxpayers. Companies are motivated by higher profits to constantly develop more efficient ways to operate, but the USPS is prohibited by law from earning a profit over a period of years, and tends to rely on rate increases to cover rising costs. Postal reformers say the agency should be allowed to retain some of its profits because a breakeven policy produces little incentive to cut waste and try new strategies. Cost reduction measures that have been proposed by the Postal Commission and members of Congress include reducing the workforce through attrition, closing underutilized Post Offices and using more automation. The Postal Commission also recommends a process for the orderly consolidation of the USPS’s more than 282 processing and distribution centers. A joint House-Senate hearing on postal reform was scheduled for March 23. Rates. The issue of how the USPS prices its products has taken on even more importance during the current debate over the USPS’s health. Not everybody agrees that the USPS is nearing disaster. Postal unions support giving the USPS more freedom to behave like a private company, but some of them argue that the whole reform debate is being driven by large mailers interested in cutting their rates to maximize profits. The unions are balking at Postal Commission recommendations that would alter collective bargaining and other labor policies, and threaten some jobs. The American Postal Workers Union notes that recent volume declines coincided with the Sept. 11 terrorist attacks, the use of the mail system in a series of unsolved anthrax attacks and a recession. Meanwhile, the USPS reported that mail volume during the 2003 holiday mailing season increased significantly over the previous year, resulting in the highest volume period in the USPS’s history. Advertising by mail is expected to increase as the Federal Communications Commission’s new “do-not-call registry” restricts telemarketing opportunities and lawmakers grapple with ways to try and stem the tide of e-mail spam. High-volume mailers have lobbied the government to let the USPS negotiate more customized rates and service, and for rate increases that are more predictable in their size and timing. Many seek a rate cap, too. Companies “are having increasing dif- 2004 3/18/04 12:56:33 PM SeaStar_speed 3/10/04 12:26 PM Page 1 SEA STAR LINE Exceeding Your Expectations At Sea Star Line, our mission is clear—to exceed our customers' expectations by providing the most innovative and highest quality transportation services in the market. Our service commitment is consistent in all that we do—from the vessels we select and operate to the way we organize our customer care teams. By making reliability and versatility the cornerstones of our operations, we have developed a service offering and performance record that are second to none. Experience the difference - call Sea Star Line today. SEA STAR LINE, LLC. 100 BELL TEL WAY, SUITE 300, JACKSONVILLE FLORIDA 32216 TELEPHONE 904.855.1260, TOLL FREE 877.SSL.SHIP (877.775.7447), FAX 904.724.3007, www.seastarline.com TRANSPORT / INTEGRATORS ficulty accommodating rate increases that far exceed the general rate of inflation,” Rebecca Jewett, vice chairman of Norm Thompson Outfitters and chairman of the Direct Marketing Association, told a House hearing on Feb. 11. Jewett, who was until recently president of Norm Thompson Outfitters, said her company’s rates have risen 22 percent on average during the past five years while the rate of inflation during that time was about 14 percent. “We have reached the point where, in many cases, the cost of mailing a catalog equals or may even exceed the cost of producing that catalog.” “As a result of postal rate increases, postage expenses have become the most expensive single line item at Time Inc.,” testified Ann Moore, chairman and CEO of the media conglomerate that includes magazine brands such as Sports Illustrated, Time and People. “This year, we will spend more than $500 million on postage. “The success of postal reform will depend on a rate system that delivers a strong incentive to hold down costs and to provide commercial mailers with predictable rates,” she said. “If I can’t predict the future costs of mail, and thus the long-term cost of a new launch, the risk of building a new magazine is sometimes just too high. Give me predictable rates, and I can launch more magazines, creating jobs not just at Time Inc., but all the way down our supply chain.” Jewett recommended rate adjustments should dovetail the rate of inflation or the actual cost of providing services, whichever is less, and occur no more than once a year. Postal officials point out that the price of a First-Class stamp, adjusted for inflation, is virtually the same as it was in 1971, despite a 15 percent rate hike in an 18-month period between 2001 and 2003. The USPS should keep rates at current levels through 2008 to balance out recent increases, testified Gary Mulloy, chairman and CEO of in-home print advertising company ADVO Inc. Postmaster Jack Potter has suggested that Potter the USPS pursue the option of a cap and phased rate increases, while the Postal Commission recommended giving the agency rate-setting authority as long as rates covered the cost of each product and did not increase faster than an index tied to inflation. Meanwhile, the USPS is already laying the groundwork to raise rates in early 2006. Some large companies advocate a prorated fee-for-service system in which commercial mailers would only pay for services 48 AMERICAN SHIPPER: 44_54AS04.indd 48 APRIL they use, in effect shifting the burden of rate increases to different users. But others argue that would undermine the principle of universal service and force the USPS to impose surcharges for delivery to rural communities and other low-volume postal districts or increase taxpayer subsidies. “Such a structure would be tantamount to proposing that public education be funded only by those who have children in school,” said William Burrus, president of the American Postal Workers Union. “The proponents of this radical approach — those who profit from the universal service network — are eager to avoid paying for it.” In an interview, Burrus said advertisers and other users of Standard mail, who understand their costs will rise unless First-Class mail volumes turn around, are trying to preempt an increase in Standard mail rates. “That’s why lobbyists for the mailers are looking to the future and seeing there will have to be a re-division of that institutional cost. They are saying, before we get to that point, ‘I’m not sending mail to the rural parts of Maine, so let someone else pay for that.’ And my analogy is to the average citizen who says, ‘Well, I’m sending something next door. I don’t want to pay for Alaska.’ ” Burrus downplayed the effect of electronic transactions on First-Class volume declines, saying the real diversion was occurring between First-Class and Standard mail. Companies realize, he said, that postal service for Standard mail has improved to the point that it virtually matches First-Class delivery schedules. Mailers “are making decisions to use the cheapest way to get in (the postal system). Right now they have a sweetheart deal. Their advertising dollars are going further. They are using the postal network to get their message out on the cheap. No other country does this. No other country has discounted systems, work-sharing systems. They have a rate for mail. Our rates are all over the lot. For the same size letter our rates range from 9 cents to 37 cents,” he said. “Let’s not fool ourselves that pricing flexibility is going to have any impact whatsoever in the drop in First-Class volume.” Outsourcing. One way the USPS acts like a private entity is by entering into partnership agreements with vendors to provide mail transportation, delivery service, retail operations and other support services. Unions oppose the trend of subcontracting traditional postal tasks to private contractors who tend to pay lower wages and hire fewer workers. Outsourcing advocates say the private sector should be allowed to operate Postal Service processing facilities and run back office functions so the USPS can focus on what it does best: last-mile delivery. William Davis, chairman and president of mail service provider R.R. Donnelley, said in written testimony to the House panel that the USPS could save $6 billion to $8 billion per year by outsourcing the operation of Bulk Mail Centers and other sorting hubs to private sector operators. The unions, however, point to a sinceexpired contract with the former Emery Worldwide Airlines (the air transport portion of which now goes to FedEx) to process Priority Mail at 10 mail facilities as a failed example of outsourcing after the USPS suffered hundreds of millions of dollars in losses and took back the work. Unions also don’t like work-sharing arrangements where major mailers that take more steps to prepare — sorting, weighing, applying barcodes, and delivering it deeper into the system — get a discount because they reduce the amount of available work to postal employees. Nearly 75 percent of all domestic mail is partially processed by commercial mailers, many of which outsource this function to consolidators like R.R. Donnelley and UPS Mail Innovations, according to the GAO. Mailers receive $15 billion in annual work-sharing discounts, Postmaster Potter has testified. Corporate participants say unbundling the various handling and delivery steps makes the USPS more efficient and saves billions of dollars because it can invest less in buildings and equipment. Burrus testified before the House and Senate that work-sharing discounts do not save money and are unfair to consumers and small businesses. “The Postal Service is currently giving away hundreds of millions of dollars every year in the form of excessive work-sharing discount” that “exceed the costs avoided by the Postal Service,” Burrus said Feb. 5 during a field hearing held in Chicago. “It’s not possible to create a business model for a healthy Postal Service if the rate-setting process continues to hemorrhage hundreds of millions of dollars. Put simply, the Postal Service cannot break even if it continues to artificially subsidize major mailers,” Burrus told the Senate Governmental Affairs Committee a couple of weeks later. He argued that such discounts should be eliminated, not just rolled back to equal the costs avoided, as the Postal Commission recommended. Davis countered that work-sharing discounts may appear to exceed savings because the USPS doesn’t factor in all the fixed costs it avoids when plugging the figures into its cost accounting system. Work-sharing incentives can take many forms, but business mailers say rate confusion and bureaucratic delays have stunted the program’s growth. They want the USPS 2004 3/18/04 12:56:59 PM TRANSPORT / INTEGRATORS to have more incentives to expand the program. The agency recently requested permission from the Postal Rate Commission to expand an experimental program designed to make handling of periodicals more efficient. Under the trial arrangement, small publishers are offered incentives to combine bundles of different publications on the same pallet, rather than use costly mail sacks. Now the USPS wants larger mailers with heavier publications to participate in pallet sharing. The need to take such a cost-saving plan to the Postal Rate Commission illustrates the difference between the USPS and an independent business, which can quickly implement decisions to adjust to the market. R.R. Donnelley, a magazine and catalog printer with a separate division specializing in postal and package logistics, took 18 months to reach a work-sharing agreement with the USPS on a co-palletization project, and only ended up with a three-year trial run, Davis pointed out. R.R. Donnelley is known for popularizing the concept of zone skipping, a system designed to reduce the cost of bulk mail shipments by avoiding intermediate sorting centers and delivering mail to the post office closest to the final destination. “In addition, the disarray of the price signals set forth in the work-sharing program make it impossible for mailers and mail service providers to optimize their own mail preparation functions and logistics networks to take full advantage of the work-sharing opportunities that the discounts are intended to provide,” Davis said. “Mailers would like to see prices structured in such a way as to equitably reward mailers for absorbing additional work and bypassing inefficient portions of the postal stream.” Technology. The USPS has become more aggressive finding innovative ways around regulatory restrictions. Barred by law from offering volume discounts, the agency developed a customized pricing strategy known as a Negotiated Service Agreement. An NSA mimics characteristics of work sharing by requiring business to adopt cost-efficient mailing methods in order to differ from a pure volume discount program. Last June, credit card issuer Capital One Financial Corp. became the first and only company to sign an NSA with the Postal Service. The arrangement is designed to save the USPS money by allowing it to destroy undeliverable mail and electronically notify Capital One instead of physically returning it, saving the agency $40 million over the term of the one-year deal. Capital One also agreed to prepare mail to a higher standard than normal. In return, Capital One receives discounts on First-Class mail volume above an annual threshold of 1.225 billion pieces, Vice Chairman Nigel Morris told the House panel. The agency is also beginning to test systems for tracking each piece of mail, but has a long way to go before it reaches the sophistication of FedEx and UPS, who allow customers to go online to learn where their package is in the network at any given time. Business mailers envision a day when USPS will be able to achieve the success of those competitors in meeting precise delivery windows. The so-called intelligent mail initiative uses barcodes to identify the sender, the recipient, the type of mail product, the payment received, and an ID number. By electronically sharing information on the status of mail, the USPS can enable companies, for example, to know when marketing materials have reached customers, or when customers have put their bill in the mail so those payments can be routed to a lockbox or other processing point for improved cash flow, Critelli said. In the end, postal transformation is unlikely to occur in one legislative swoop, but through a series of internal and external reforms during the next few years. COSCO ROOTS IN CHINA ROUTES WORLDWIDE Founded in 1961, as China Ocean Shipping COSCO has grown to become one of the largest Ocean Carriers worldwide. COSCO delivers efficiently and expediently to more direct ports than any other carrier. Our capability of 425,000 TEUS, 35,000 temperature-controlled units and 185,000 40 ft. containers can accommodate a shipment of any volume. Cargo Handling capabilities include 20-ft and 40-ft dry containers, refrigerated containers, flat racks, open tops, high cubes and other specialized equipment. COSCO’s new CargoSmart Portal, InfoLink Voice Response System and Cargo Tracing System allow you to track your shipment until it arrives safely at any destination. Visit us at www.coscon.com or call a customer representative today. InfoLink 1-800-967-7000 www.coscon.com SHIP WITH CONFIDENCE, SHIP WITH COSCO COSCO North America, Inc. 100 Lighting Way, Secaucus, NJ 07094 USA Tel: 800-242-7354 Fax: 201-422-8928 www.coscon.com AMERICAN SHIPPER: APRIL 44_54AS04.indd 49 2004 49 3/18/04 1:01:50 PM TRANSPORT / INTEGRATORS Partial to parcel USPS free market approach opens doors to new business, encroaches on FedEx and UPS turf. BY ERIC KULISCH T he U.S. Postal Service, hamstrung by regulatory constraints, has lost ground in the parcel market to private delivery carriers who had the flexibility to adopt innovative discount pricing strategies to attract business shippers. Now it’s fighting back. In the last few years the USPS has rolled out new services aimed squarely at the parcel market dominated by UPS and FedEx. But those competitors are working to make sure the USPS stays in its regulatory box. The move to target the home package delivery market is part of a wider effort by the quasi-governmental mail service to develop a more flexible, private-sector-style business model designed to improve service and rehabilitate the agency’s financial situation in the face of falling business and rising costs. At the center of the postal reform debate is a fundamental question of whether the best way to preserve the USPS is to streamline it or to allow it to seek new revenue opportunities. Carrier Pick Up is a new service the USPS partially launched nationwide Feb. 1 that allows customers to place an order through the Internet for next-day Priority and Express mail pickup on the mail carrier’s normal letter route. The concept was tested for six weeks late last year in southern California and Long Island, contributing to volume spikes in those regions for Priority Mail, said James Cochran, manager of package services for the USPS. The USPS eventually plans to give customers the option of scheduling service by phone, he said. Carrier Pick Up, which is targeted to households and small businesses, is available in major metropolitan areas. Cochran said. Postal officials hope to make the service available everywhere by the end of the year. Under Carrier Direct, a similar program in effect for several years, a customer can have a dedicated truck make a special stop at a home or business address during a specific window of time, often within two hours. For an extra $12.50, a shipper can book one package or fill up the entire truck. Cochran said Carrier Pick Up meets the needs of most businesses because they have the ability to project ahead by one day. If the 50 AMERICAN SHIPPER: 44_54AS04.indd 50 APRIL number of packages changes somewhat, that’s O.K., because “we are just trying to get a sense of whether there are 20 or 200 packages, because that will drive the size of vehicle we use” on the route that day, he said. “It allows us to compete better in the marketplace, because we’ve got great prices,” Cochran said. The service provides customers added convenience by acting as an “electronic red flag” to alert the driver to go to the door for a package instead of having the customer wait by the mailbox or office front desk. The services are an attempt to recapture lost parcel revenue. In 1985, the USPS was the second-largest ground parcel carrier, but by 2002 had dropped to a distant third behind FedEx Ground, with $1.2 billion in parcel post revenue, according to statistics compiled by industry analyst Satish Jindel. Some competitors question why the Postal Service has strayed from its core function of universal letter and periodical delivery into areas well served by the private sector. The government should only step into the free market to fill services others cannot provide, Michael Eskew, UPS chairman and chief executive, testified before the Postal Commission one year ago. “The same line of reasoning that some use to justify USPS incursions in private markets, if applied to other government operations, would put the Government Printing Office into publishing magazines, the Treasury Department into issuing credit cards, and the Air Force into commercial air service,” he said. Several proposals call for the Postal Rate Commission to take on a stronger regulatory role, including making sure the USPS is competing fairly with private sector delivery companies like FedEx and UPS. These companies complain that the postal agency uses revenue from its monopoly products, such as First Class Mail, to underwrite expenses for products like Priority Mail that must compete for customers on the open market, and that the agency is exempt from many laws and regulations with which private firms must comply. A paradox of postal competition in the express and parcel markets is that the USPS has the power to set the rules defining the scope of its monopoly in these areas, thus insulating itself from unbridled competition and benefiting financially from laws it regulates. Under a bill introduced last year by Sen. Tom Carper, D-Del., the USPS would also be prohibited from issuing regulations that would give the Postal Service an unfair advantage over private sector companies, and the agency would have to pay a federal income tax on express, parcel and other products that private firms also offer and pay tax on. The USPS gets breaks from many types of federal rules. It is not required to pay property tax to states and localities for postal facilities, and is exempt from gross receipts, income and sales taxes required of private companies. It also can borrow at preferred rates from the federal government, and gets preferential treatment from the Bureau of Customs and Border Protection, because there tends to be little of value to declare in letters and flat envelopes that make up most international mail shipments. The USPS was exempted from the advance manifest reporting requirements for inbound shipments issued in December. Under the new security rules, air carriers and other transportation providers later this year will begin electronically filing documents with information about their freight as much as four hours prior to arrival, so Customs can determine if a shipment poses any terrorist threat. In fact, postal services around the world have always had a pass when it comes to providing detailed manifest information to U.S. Customs. Furthermore, postal shipments are not subject to the same physical security measures required by the Transportation Security Administration as commercial air imports, in part because the USPS has stringent security in its own facilities. UPS, ironically, is fighting a similar battle to one it waged with success in Europe for a level playing field when it complained that German postal monopoly Deutsche Post was underwriting its express, international and logistics divisions. The European Commission fined Deutsche Post 24 million euros (about $22 million at the time) in March 2001 for cross-subsidizing its commercial parcel activities and engaging in predatory pricing. The EC condemned DP’s practice of offering rebates to certain large mailers in exchange for a large portion of their mail-order parcel business. The EC later ordered Deutsche Post to repay state subsidies and interest worth about 850 million euros ($900 million). The EC forced Deutsche Post to create a separate entity for business parcel services that would procure services from Deutsche Post or its competitors, or provide the services itself. European regulators said delivery services provided by Deutsche Post 2004 3/18/04 1:02:10 PM CLLN-4514_AmrShppr 3/8/04 10:49 AM Page 1 “I’m very proud to have Crowley working with our company. From the first moment we’ve had a real partnership with Crowley.” ~ Juan Ruiz de Viñaspre • VP Operations International • Russell Manufacturing It’s words like these that make what we do at Crowley worthwhile. We spend a lot of time listening to what our clients want, then working to make it happen. For Russell, a leading manufacturer of activewear, we ship raw materials to their cutting facility in Honduras. Next, we truck the piece goods to assembly plants throughout Central America. Then we pick up the finished merchandise from those plants and transport it to Russell’s distribution centers back in the U.S. Working together like this, it’s no wonder, as Juan says, we’re achieving “…success for both our companies.” transportation to and from Latin America for the apparel industry. We offer more sailings, faster transit times and more capacity than anyone else. We’ve just added new 53’ and 45’ containers designed with special high-security locks, some pre-equipped to carry garment-on-hanger cargo. And we’re the first U.S. ocean carrier to join the new CustomsTrade Partnership Against Terrorism (C-TPAT) program, so your goods will always receive the highest degree of security without costly delays. What more could you ask for in a partner? For more information, call 1-800-CROWLEY or visit us at www.crowley.com. People who know Crowley know we’re the leader in ocean Liner Shipping • Worldwide Logistics • Project Management • Ship Assist & Escort • Alaska Fuel Sales & Distribution • Energy Support • Ocean Towing & Transportation • Salvage & Emergency Response • Petroleum & Chemical Transportation © Crowley Maritime Corporation, 2004 CROWLEY is a registered trademark of Crowley Maritime Corporation www.crowley.com TRANSPORT / INTEGRATORS to the new entity must be at market prices and be available in identical form to UPS and other competitors. The difference is that the postal service operates with greater government oversight and visibility in the United States than in Germany, according to Jindel. UPS and FedEx can ask the Postal Rate Commission for evidence of how the USPS is allocating parcel revenue to cover its costs. Eskew argued that the USPS’s express and parcel activity distorts the market without adding measurable benefit to the USPS bottom line. Parcel Post, for example, would need to quadruple the amount of packages handled to offset just a 1-percent decline in First-Class mail volume, he said. Conversely, FedEx and some postal critics question whether its time to roll back the USPS monopoly on delivery of letter mail and access to post boxes. FedEx and UPS have extensive ground networks in place for delivering residential parcels and can meet required delivery windows in major metropolitan areas. But powerful mail shippers say they are comfortable with the USPS letter mail and mailbox monopolies. From some perspectives, it is the USPS that needs protection from the private delivery companies, who dominate the market for parcels greater than two pounds and are gaining market share in smaller parcels. USPS Priority Mail volume dropped 14 percent in fiscal year 2003 and over the last three years has declined nearly 30 percent, the GAO reports. Priority Mail, once a growing profit center for the USPS, now faces stiff competition from lower-priced ground delivery alternatives. Parcel Post volume is growing, but not enough to offset declines in Priority Mail. Express Mail, a guaranteed next-day or second-day delivery service, is also declining for the same reason, the GAO said. UPS and FedEx previously catered to businesses, but are now challenging the traditional post office with their own retail presence. UPS acquired the Mailboxes Etc. franchise in 2002 and turned it into the UPS Store. FedEx acquired copy and office service center Kinko’s this year (February American Shipper, pages 40-45). UPS and FedEx are in the unusual position of simultaneously being major competitors and users of the USPS. UPS is a major Postal Service customer, paying more than $250 million in 2003 for mail service from its UPS Stores and general corporate communications, and benefiting from package volume generated by catalogs and advertising distributed through the mail, spokesman David Bolger said. While FedEx and UPS want to restrict the USPS’s ability to operate in parcel and expedited delivery markets, they don’t want 52 AMERICAN SHIPPER: 44_54AS04.indd 52 APRIL Michael Eskew chairman and chief executive officer, UPS “The same line of reasoning that some use to justify USPS incursions in private markets, if applied to other government operations, would put the Government Printing Office into publishing magazines, the Treasury Department into issuing credit cards, and the Air Force into commercial air service.” the Postal Service to fail because they rely heavily on the universal service it provides, people familiar with postal issues say. UPS recently began to offer a product called UPS Basic, which allows the company to handle mail preparation and line-haul transportation, while allowing select shippers the option of using cheaper Postal Service for door-to-door delivery, to take advantage of the more ubiquitous postal network in some parts of the country. By dropping mail as deep as possible into the system, either at bulk mail centers or at the local delivery post office, companies receive work share discounts for avoiding the USPS’s more costly sorting activity. Companies with a special permit send the USPS an electronic file with all of the packages they want delivered on a given day and the Postal Service withdraws the appropriate postage amount from a debit account. That business model has been very successful for Donnelly Logistics (an arm of catalog publisher R.R. Donnelley), Quad Graphics, American Package Express, Airborne Express (now part of DHL) and about 15 other mail consolidators that have entered the market since the Postal Service created the Parcel Select program in 1999. “We have efficiencies in the rural area that they don’t,” USPS’s Cochran told American Shipper. Jindel estimates that the USPS has relin- quished about $1.4 billion in annual parcel services revenue to the consolidators and that they will soon start cutting into the agency’s Priority Mail volume. FedEx is expected to enter this line of work later this year after reaching an agreement with the Postal Service, Cochran said. FedEx also has the added distinction of being a business partner with the USPS, which signed a seven-year, $6.3-billion contract with FedEx Express to provide air transport for First-Class, Express and Priority mail. FedEx also leases space at post offices for its purple-orange-and-white drop boxes, a business projected to garner FedEx an additional $900 million. Parcel Protection. Critics charge that the nation’s mail provider does a poor job of identifying and allocating overhead costs to specific products. A commission appointed by President Bush said express, parcel and other competitive products should be priced high enough to ensure they cover more than operational costs, otherwise the USPS gains an advantage because the letter-business revenues cross-subsidize those products’ share of overhead costs. UPS claims the USPS marks up FirstClass mail 81 percent to make up for products that are underpriced relative to their true costs. The situation is similar to the one in the air freight industry, where it is difficult to isolate all the costs for cargo that is carried in the belly of passenger plane. A cargo operation may appear profitable, but unless the airline has a system for allocating a portion of the fuel, crew and other costs to cargo, the passenger side of the company masks cargo’s true effect on spending and basically gives cargo a free ride. Some airlines have created separate cargo subsidiaries that purchase transportation from the passenger side as if they were a standalone company, thus making their expenses more transparent so they can find where inefficiencies lurk in their cargo operations. UPS and FedEx oppose giving the USPS pricing flexibility, fearing it will only exacerbate parcel and express subsidization. “FedEx will not support a bill that allows the Postal Service to raise rates in non-competitive markets and use the funds to lower rates in competitive markets,” said Fred Smith, the FedEx chairman and president. “Nor will we support a bill that allows the Postal Service to use government status for commercial gain, or convert assets of the United States into cash for buying into competitive markets,” he told the House panel. The policies of both companies are broadly similar on the issue of postal reform, but UPS has been more vocal about the USPS 2004 3/18/04 1:02:30 PM Evergreen Shipmentlink_r2 4/11/03 11:19 AM Page 1 EVERYWHERE. EVERYDAY. EVERYONE. EVERYTIME. WHEN YOU WANT TO KNOW WHERE IN THE WORLD YOUR CARGO IS. www.shipmentlink.com w w w. e v e r g r e e n - m a r i n e . c o m First E-Commerce Excellence Award from Log-Net TRANSPORT / INTEGRATORS providing a redundant service. Smith, perhaps mindful of his company’s lucrative USPS contract, indicated he is comfortable with USPS as a player in the parcel business as long as safeguards for competition are in place. Eskew, in an effort to stave off further USPS’ encroachment in the parcel, express and international arenas, told the Postal Commission that the government mail service would better preserve its universal mail service by focusing on cost reductions rather than volume discounts and other types of negotiated rate reductions. “It is essential that the Postal Service make the necessary investments in cost management information to enable them to better manage their business and better price their products — before any pricing flexibility is considered,” Eskew said. Some data on which prices are based is 20 years old, he charged. UPS has sophisticated activity-based costing models to assign costs to products, customers and processes based on their use. Using data mining techniques, the Atlantabased parcel and logistics giant can tap more than 50 million records in its enormous database to closely analyze how packages move through its network, measure the amount of work input per product at each stage and how much of shared resources — such as real estate, information technology or sorting systems — are consumed by ground, air, next day and other services, according to testimony by James Holsen, UPS vice president of engineering, before the presidential commission. Detailed cost data gives the company a better understanding of different market segments, and how to associate profitability to each package and customer, than relying on average costs. It wants the Postal Service to develop the same industrial engineering skills. In its case to the Postal Commission, UPS pointed to international mail, where rates are not subject to review by the Postal Rate Commission, as a situation where pricing flexibility has failed to generate sufficient revenue to cover non-operational costs or create a profit. In fact, the amount of overhead covered by international mail has been reduced 50 percent, from 2.6 percent to 1.3 percent, in the last 20 years, according to the Postal Rate Commission. Global Priority Mail and Global Package Link, two international expedited products, actually lost money, according to the Postal Rate Commission’s 1998 report to Congress. Global Package Link was discontinued in 2001. UPS further contends that the USPS should not gain further pricing power because it has not taken advantage of the flexibility it has under current law to get quick approval 54 AMERICAN SHIPPER: 44_54AS04.indd 54 APRIL for certain narrow rate classifications. “We are not in the position where we want to roll back what currently exists” in terms of USPS activity in parcel and express business, UPS’ Bolger emphasized. “You can’t put the genie back in the bottle. But you need to get your cost house in order before you can venture out into other areas.” Bolger characterized UPS’s position as one of offering business advice to the Postal Service designed to help it overcome the types of difficult financial, managerial and operational barriers that any company faces when trying to enter a new market. “We aren’t giving away the secret sauce by any means, but here’s what we have to do in our business to make a profit. We know exactly to the 10th of a penny how much it costs to send a package from Cleveland to Columbus. The Postal Service cannot provide that level of detail,” he said. That means the Postal Service needs to analyze its mission and whether it is structurally and administratively ready to expand its parcel activity. Among the questions the agency has to grapple with are whether its small, door-to-door trucks can handle lots of larger packages and whether letter carriers want to carry heavier packages, Bolger said. The USPS has to determine whether it’s best suited to be a door-to-door integrated carrier or a delivery company for the last mile, agreed Jindel, who cited public perception and poor marketing as reasons hurting volume growth for Priority Mail. “People use the Post Office for a value proposition. In spite of things that the Post Office has done to improve its on-time service, the perception remains that customers making a decision for on-time service are going to use the private carriers,” he said. Jindel, whose Pittsburgh-based SJ Consulting Group advises shippers and logistics providers on business plans for parcel consolidation, small-package delivery and courier services, said USPS promotes Priority Mail as a two- to three-day Jindel service, when in reality a high percentage of packets are delivered overnight and on the second day. “The technology is there now, so when you select Priority Mail, by looking at the origination and destination ZIP codes, they should be able to tell you this is a next-day service and two to three days,” he said in an interview. “Priority Mail doesn’t have to be guaranteed to be equal to the private guys if they do a better job of telling the customer the exact transit time that they achieve, because the customer assumes the worst.” In fact, private express delivery companies are trying to compete more with the USPS on price by voiding guarantees for on-time delivery in exchange for a lower price to their customers, Jindel said. Now that large shippers have programs that can tie into the FedEx and UPS tracking networks and document service failures, the delivery companies would rather offer a 1 percent or 2 percent discount and avoid all the paperwork associated with refunds, he said. “The best role for the USPS in the parcel industry is to focus on providing acceptance and delivery service to any private company including integrated parcel carriers, consolidators, less-than-truckload carriers and other niche carriers,” Jindel wrote in a white paper last year. “This will eliminate some labor-intensive costs for parcel service, eliminate the arguments from private carriers that the USPS rates for parcel services are improperly priced, increase parcel volume that is handled by the USPS at its delivery units, and allow it to build delivery density that will help reduce cost for all mail services for the USPS.” While business mailers work for rate reductions, FedEx and UPS focus on raising the postal rates with which they compete. One of the reform principles outlined by President Bush is for the USPS to become more accountable by making public cost breakdowns and performance measurements. But William Burrus, president of the American Postal Workers Union, said he worries that FedEx and UPS will use cost data as a wedge to drive up the cost of Parcel Plus and other services vs. their own products. If the USPS says it is attributing 10 percent of package revenue to transportation costs, for example, UPS and FedEx might argue to the Postal Rate Commission that their models show transportation should account for 15 percent of the cost, which might make the postal product more expensive than the comparable UPS or FedEx service. “Transparency for a government agency in a democracy is essential. But there have to be some rules and regulations to avoid being manipulated to the disadvantage of the citizens in a market situation,” Burrus said, adding, UPS officials “don’t permit anybody to look into their pricing structure.” Similarly, mailers will use the data to support their effort to cut their own postal rates, he said. Rebecca Jewett, vice chairman of Norm Thompson Outfitters and chairman of the Direct Marketing Association, said universal service should be expanded to include parcel delivery. “Postal Service parcel delivery represents competition, which holds down parcel delivery costs for all.” ■ 2004 3/18/04 1:02:49 PM ASECHINASH05 7/23/03 3:31 PM Page 1 When it has to be delivered fresh. China Shipping Reliable Reefer Transport • State-of-the-art reefer equipment • Dedicated reefer specialists • Fast transit times to Asia and Mediterranean • CY and CFS services at reasonable rates • Perishable products delivered fresh 100 Plaza Drive, Secaucus, New Jersey 07094 888-868-4751 www.chinashippingna.com Customs helps itself on Air AMS If you are engaged in international air commerce, the thought may have crossed your mind that U.S. border authorities were awfully nice to feel your pain and give you more time to comply with their new advance manifest filing requirement. But don’t get carried away. The government has not gone soft. They postponed the rule to help themselves because they were the ones behind the implementation curve. In December, the U.S. Bureau of Customs and Border Protection laid out a series of rules forcing international air freight carriers and forwarders to electronically share business data on their shipments beginning March 4 in order to give authorities early insight into potential terrorist threats. The rules were part of a broader effort to manage the security risk associated with thousands of ocean, air, rail and truck shipments that enter the United States every day. Based on the 24-hour rule for inbound ocean shipments that effectively began early last year, carriers and intermediaries have to provide their manifests anywhere from 30 minutes to four hours in advance of arrival at a U.S. port, depending on the mode of transportation. U.S. Customs selected the air freight industry to go first because a relatively successful system for transmitting data on commercial cargo was already in place. Major carriers have been voluntarily providing air waybills to Customs for several years through the agency’s Automated Manifest System (AMS). All the players were gearing up for the compliance deadline, which Customs officials had indicated was a soft target building to strict enforcement several months down the road. Carriers and forwarders that did not previously participate had to get new software systems that could communicate with Air AMS, and those already in the program had to tweak their systems to transmit additional data required under the newer mandate. A large segment of the airline industry was ready to go when Customs said March 4 it was delaying implementation of the advance manifest rule because it was not ready. It turns out Customs underestimated how much time it would take to upgrade Air AMS and train personnel to handle procedures and data fields not supported by the current system. Under the revised compliance schedule, the requirement for advance electronic filing of cargo data will be phased in region by region. The first group of U.S. ports, mostly on the East Coast, will begin enforcing the rule Aug. 13, followed by central states two months later and, finally, West Coast states Dec. 13. This unusual arrangement begs the question of whether there will actually be dual, overlapping phase-in periods — one based on geography and one on severity of noncompliance. In the past couple of years, Customs has fostered an educational approach to get informed compliance, rather than cracking down the minute a rule goes into effect. In the case of the 24-hour rule, as with the current implementation schedule for the Food and Drug Administration’s bioterrorism rules for prior notice of imported food shipments, Customs phased in enforcement to give the industry time to adapt to the new rules 56 56AS04.indd 56 AMERICAN SHIPPER: APRIL and adopt the necessary technology to share trade data with government systems. Early on, penalties and cargo holds were only enforced in the most egregious cases in which no documents were filed on time. Then the agency progressively got tougher on violators who provided inaccurate data, such as neglecting to include the name of the consignee. I guess this means each region will have its own phased in approach for enforcing proper manifest filing. Customs needs to clarify this situation. The staggered regional rollout, while beneficial for Customs, is essentially meaningless for air freight providers, because they will have to be ready to provide the required information from day one anywhere in the nation. In other words, the deadlines have not been extended for carriers and forwarders as much as it appears. Data quality has to be good at the source of the shipment, and carriers have to be in compliance for that first region because they can be transporting goods to Texas one day and Massachusetts the next. Still, the delay is a positive development. The agency is learning from previous rollouts of automated systems for clearing goods and vehicles that it’s better not to force something on industry that the agency is not prepared to implement. The agency discovered that a big problem getting the Free and Secure Trade program for electronic clearance of pre-approved truck shipments set up on the northern border (now also being implemented along the Mexican border) was training inspectors to use the new computer program. By pushing back the start of the program and phasing it in, Customs will create less disruption for shippers because Customs will be better able to process the air waybills. Meanwhile, the extra five months is giving freight forwarders time to re-evaluate how to submit shipment data to Customs. A logistics industry executive at the Logicon 2004 conference in Las Vegas, March 7-9, privately shared that some are having second thoughts about submitting their house airway bills to the air carriers to file with Customs on their behalf. Originally, the air forwarders took a different approach than their nonvessel-operating common carrier cousins on the ocean side that jealously fought to protect the confidentiality of their customers by seeking the ability to file manifests directly with Customs. Direct filing has the added benefit of speeding up transmission times to Customs, because for those who relied on carriers to do their manifest filing the 24-hour rule essentially meant they had to have their shipments ready sometimes 48 hours in advance to account for the data going through a middleman. The logistics official, who is knowledgeable about compliance issues, said part of the concern related to co-loading situations in which one forwarder reserves space on a plane and then offers some of it to other freight forwarders when it is clear not all of it will be filled. The practice results in a lot of last-minute negotiations about whose house bill everything will go on and who will file subcontractor bills. Trying to figure out who has to give content and shipping data to whom gets pretty complicated, so it may just be easier for a company to file directly through Air AMS and notify the carrier and the co-load partner that the data has already been transmitted. 2004 3/18/04 1:10:15 PM Untitled-4 100 6/3/02, 11:40 AM COSCO-style cooperation Wei Jiafu, the president and chief executive officer of the China Ocean Shipping Co. group, believes there should be more cooperation in the liner shipping industry. He called for more cooperation not only between carriers, shippers and other parties, but also among fellow carriers. In a broad policy speech to a conference in Long Beach March 9, Wei suggested that a “cooperative game” would be beneficial to all. He praised “coordinated competition” and criticized “vicious competition” among liner carriers. Nobody could fault Wei for suggesting more cooperation among shippers, carriers and other parties involved in shipping. But more cooperation between carriers, if it implies the avoidance of “vicious competition,” is a different matter altogether. Regretfully, Wei did not say which specific areas of cooperation COSCO had in mind. Wei said liner operators “should enhance exchanges and cooperation, strengthen mutual trust, safeguard common interest of our industry under the framework of regional and international maritime organizations and liner conferences.” You would have thought that ocean carriers already cooperate a fair amount on a wide range of topics: ship operations and capacity (under vessel-sharing agreements and global alliances), regulatory and security issues (under representative associations like the World Shipping Council), e-commerce (under multicarrier portals and various technical committees), insurance (under protection and indemnity clubs) and pricing and market analysis (under conferences and discussion agreements). Is this not enough? China warms to stock market China Shipping Container Lines, the fast-growing state-owned Chinese carrier, is planning an initial public offering on the stock market in about June, according to reports in Asia. Hong Kong newspaper The Standard said China Shipping Container Lines is seeking to raise about $2 billion with an IPO in Hong Kong. A spokesman for China Shipping Container Lines in Shanghai could not comment on this development, saying this information was considered “secret.” The carrier is a subsidiary of Shanghai-based China Shipping Group, headed by Li Kelin. BNP Paribas Peregrine Capital is reportedly sponsoring the IPO. Another affiliate of China Shipping Group — China Shipping Development Co. — is already listed on the Hong Kong stock market. COSCO, another state-owned Chinese company, also has several affiliates listed on Asian stock markets. In early January, China Shipping Development said China Shipping Group was planning to turn China Shipping Container Lines into a joint-stock limited company that could raise capital domestically and internationally. If confirmed, China Shipping Container Lines’ public offering will be the third this year in the liner industry, alongside those of Royal P&O Nedlloyd (incorporating P&O Nedlloyd Container Line) and Hapag-Lloyd (including Hapag-Lloyd Container Line.) Nedlloyd, NOL takeovers? Just when you think mergers and takeovers in liner shipping were off the agenda, something new comes up. 58 58AS04.indd 58 AMERICAN SHIPPER: APRIL Two Norwegian shipowners have acquired stakes in soon-to-be-restructured Royal Nedlloyd NV, the Dutch company that owns 50 percent of P&O Nedlloyd. John Fredriksen, who controls the tanker-shipping giant Frontline, has bought a 6.7-percent stake in the Dutch company. Einar Rasmussen, another Norwegian shipowner, has a shareholding of less than 5 percent in Nedlloyd. It is not known whether the Norwegians are buying into Nedlloyd for purely speculative reasons or as a first step towards an acquisition. In the early 1990s, Nedlloyd fought off another Norwegian investor, Torstein Hagen, who tried to gain control of the company and accused the company of underperforming. But Haddo Meijer, chief executive officer of Nedlloyd, said the actions of Fredriksen and Hagen are not comparable. “The company then was in distress,” Meijer said, referring to the time of the onslaught by Hagen. Nedlloyd now “is a successful company.” P&O Nedlloyd is also believed to have been approached recently by a company for a takeover. Meanwhile, Neptune Orient Lines, the parent company of APL, said it would “continue to explore avenues to take advantage of any growth opportunities in the future.” But asked if the company would acquire other shipping lines, APL CEO Ron Widdows replied: “I think most carriers in our industry are profitable to some degree. I don’t know there is anybody who is selling.” “There hasn’t been any consolidation for some time,” Widdows told American Shipper. What if? Christopher Koch, president and chief executive officer of the World Shipping Council, said one of the security issues to be examined by U.S. federal agencies in the coming year is security contingency planning in shipping. Koch referred to this as “the unpleasant topic of contingency planning, or how would trade be allowed to continue in the event of a terrorist attack on the industry.” Koch said at a conference March 9 that the issue requires definition within and among the various government agencies. Its implementation of any response scenario will also involve “substantial activity” by other governments, shippers, carriers, brokers, terminal operators, and others, he said. “Having some kind of dialogue and road map of expectations and requirements would be very helpful to the private sector,” Koch noted. The World Shipping Council’s carrier members are ready to participate in such work. In late 2002, the consulting firm Booz Allen Hamilton and 85 officials from government agencies, port authorities, consumer goods manufacturers, insurers, technology providers and carriers carried out a war game simulation of “dirty bomb” attacks through U.S. ports. Participants in the war game made decisions to shut down every port in the United States for eight days, which resulted in a backlog of container deliveries that would require 92 days to be resolved, and would have an impact of $58 billion on the U.S. economy. “We discovered that it is easy to close a port in the event of a crisis, but it is extraordinarily difficult to deal with the consequences of closing,” said Mark Gerencser, vice president of Booz Allen Hamilton, at the time. 2004 3/18/04 1:11:54 PM 9480PE Cargo AmShpr Ad 1/21/04 11:27 AM Page 1 Help Your Cargo Reach the Finish Line First. Some ports move faster than others. We get cargo moving faster. In faster. Out faster. There’s no stop and go traffic. It’s just a straight shot for inland truckers to the interstate or turnpike minutes away. And there are warehouses near the airport, which is right next door. Your cargo always takes the shortest route between two points at Port Everglades. That’s how you win the shipping race. Less waves. More movement. For more details about Florida’s shortest, straightest and deepest port, contact Carlos Buqueras or Manuel Almira at 1.800.421.0188 1850 Eller Drive h Ft. Lauderdale, Florida 33316 www.broward.org/port U.S. h Caribbean h Latin America Step aboard the future h Europe h Far East TRANSPORT / OCEAN The Gatun Locks at the Atlantic entrance to the Panama Canal. Panama Canal gathers more cargo data Authority seeks prior information for security purposes, but automated system draws concerns. BY PHILIP DAMAS B eginning April 1, the Panama Canal Authority will require shipping companies or their agents to submit detailed data electronically and in advance of vessels transiting the canal. Response to the requirement has been mixed welcome from canal users, who say they were not given enough time to prepare for the change, and fear commercial data could be disclosed to competitors. The Panama Canal-sponsored Automated Data Collection System has several goals. It aims to make data gathering more efficient by eliminate data collection via paper. And the requirement that vessels transiting the canal report all necessary data 96 hours before arrival will help the authority’s security verifications and transit operations. In addition, the Panama Canal Authority believes the system will improve its analysis of the market, leading to “a more accurate pricing and customer service strategy.” In January, the Panama Canal Authority’s maritime operations director, Jorge L. Quijano, told all shipping agents, owners and operators in an official notice that the Automated Data Collection System would be formally introduced April 1, with full implementation scheduled for July 1. Under the canal’s plan, shipping lines 60 AMERICAN SHIPPER: 60_63AS04.indd 60 APRIL “One of our major concerns has to do with the integrity of the information being handled.” Thomas H. Kenna president, Panama Chamber of Shipping must now submit to the canal authority not only operational data about their ships, but also data regarded as commercially sensitive, such as cargo declarations. Teresa Arosemena, spokesman for the Panama Canal Authority, said the canal will electronically collect data that has been manually collected. “The required information is basically the same type of information that has always been requested from our customers,” the Panama Canal Authority said in an official notice. But it admitted additional information will be required, including vessel security officer general data, and prior ports and corresponding MARSEC (Maritime Security) levels. The canal will require detailed information on: • Harmonized code for detailing of cargo (10 digit), including cargo inside containers. • Location of cargo in the vessel, according to the stowage layout, to be electronically provided when a vessel arrives at canal waters for its first transit. • International Maritime Dangerous Goods (U.N.) code for dangerous cargo. • U.N. port codes for origin and destination ports. • U.N. Country codes. The Panama Canal Authority will require detailed commercial data that appears on vessel manifests, a move that prompted carriers to compare it with the scope of information gathered by the Port Import Export Reporting Service via U.S. Customs. Chris Koch, president and chief executive officer of the Washington-based World Shipping Council, said Panama’s new cargo data gathering system “is going to be a mirror image of the U.S.’s system.” It will also collect information on cargoes to and from the United States. The cargo declaration requirement will apply not only to cargoes shipped to Panama, but also to shipments on transit via the canal and destined to other countries. “There is sensitivity among shippers” about their information being disclosed,” Koch said. “Shippers need to think about it.” In the United States, though, where data is gathered by Customs through the Automated Manifest System, it is known that shippers can request their name not to be disclosed to the public. Asked whether the canal authority will publish the new detailed commercial data on container shipments, Arosemana replied: “We don’t disclose what’s in the box. We will publish the number of containers, but not the cargo.” “We have no way of knowing if the Panama Canal Authority will publish cargo statistics any differently than they do now,” said Thomas H. Kenna, president of the Panama Chamber of Shipping, which represents shipping agents in Panama. “We are confident that the Panama Canal Authority is well aware of their customers’ concerns regarding confidentiality and we expect the Panama Canal Authority to respect that confidentiality.” “The Panama Chamber of Shipping is extremely concerned with the Panama Canal Authority’s announcement regarding the implementation of the Automated Data Collection System and more specifically with the unrealistic deadline established for 2004 3/18/04 1:15:00 PM dollars2 1/23/04 3:54 PM Page 1 Only $1.00 a day. Daily Shippers NewsWire (available on the Web and via e-mail by request) Airmail delivery of your printed magazine Archives (back issues to December 1999) World Liner Supply reports Read American Shipper online (posted when it goes to press; no waiting on the printer or the mailman) Interactive/Analytical global shipping schedules News searches (by name or topic) Subscribe today at: www.americanshipper.com Logistics News/Data TRANSPORT / OCEAN its implementation,” Kenna told American Shipper. He said the automated system “offers some distinct advantages and opportunities if implemented correctly.” But he cautioned that introducing such an electronic system “is a task that cannot be rushed into without proper and detailed analysis.” “Although the technology required for the implementation of the Automated Data Collection System currently exists in the market, many of the canal’s customers (ships, lines, operators or agents) do not have the resources available at this time,” Kenna said. “How is a ship expected to ‘download’ and transmit the requested information electronically if all that is available onboard is a telex machine?” he asked. “What backup systems are in place in case of a power failure, computer glitch or Internet serviceprovider failure? The potential liability issues are daunting.” The shipping executive noted that local agents in Panama do not have the required additional human resources readily available on hand and that hiring and training takes time. “One of our major concerns has to do with the integrity of the information being handled,” Kenna said. Information passing from the ship to a clerk at a local agency and then re-keyed into the canal computer “is prone to contamination.” The Panama Chamber of Shipping has held meetings with the Panama Canal Authority to discuss its concerns. Major local agencies have offered to open their offices to canal technicians and marine traffic control staff to allow a better, on-hand look at their operations. The Panama Chamber of Shipping is also looking at ways to mitigate “the expected fallout if the implementation deadline is not extended,” Kenna said. Meanwhile, the Panama Canal continues to experience rapid growth in transit traffic by commercial ships. In the fourth quarter of 2003, canal tonnage increased 9.3 percent to 66.8 million tons. The number of canal transits increased 3.6 percent to 2,991 from 2,886. There was a rise in passenger, dry bulk, tankers and container vessels. “A 4.6-percent rise in bulk carrier transits can be attributed to increased steel exports from Asia and increased grain exports from the United States to Asia, especially China,” the Panama Canal Authority said. The Panama Canal has also benefited from the greater reliance of transpacific container shippers on all-water services, following the U.S. West Coast port labor disruptions of 2002. ■ 62 AMERICAN SHIPPER: 60_63AS04.indd 62 APRIL P&O Nedlloyd, APL recover Carriers see end of losses in their liner shipping operations, through cost cuts, rate increases. BY PHILIP DAMAS P &O Nedlloyd and Neptune Orient Lines, the parent company of APL Liner and APL Logistics, both completed their turnaround last year, buoyed by higher freight rates in their liner shipping operations. London-based P&O Nedlloyd reported a net profit of $15 million for 2003, representing a favorable $319-million profit swing when compared to its record loss of $304 million for 2002. NOL reported an even larger year-on-year profit improvement — $759 million — as it recovered from record losses of $330 million made in 2002 to report a net profit of $429 million in the year ended Dec. 26. NOL’s turnaround was mainly due to a $488-million improvement in the annual operating results of APL Liner, and also reflected capital gains on the sale of the Singapore-based group’s tanker-shipping activities. APL Liner reported an operating profit (earnings before interest and tax) of $406 million for last year, compared to a loss of $72 million in the previous year. P&O Nedlloyd made an operating gain of $77 million in 2003 after $19 million of restructuring costs, compared to losses in 2002 (see table, page 63). As with P&O Nedlloyd, APL’s improved bottom line for 2003 was largely driven by a jump in revenue, itself the result of higher unit revenue per TEU. APL’s revenue soared 21 percent last year to $4.2 billion, as average freight rates rose 20 percent to $1,256 per TEU. P&O Nedlloyd’s revenue went up 18 percent to $4.8 billion, with a 12-percent rise in revenue per TEU. The increases in revenue per TEU confirm the upward trend of freight rates across the container shipping industry last year. P&O Nedlloyd is the world’s fourth-largest container shipping line and APL the eighth-largest. P&O Nedlloyd’s management team “has put a lot of efforts over the last 12 months on rates, and this remains a priority going forward,” said Philip Green, chief executive officer of P&O Nedlloyd. However, both P&O Nedlloyd and APL insisted that their improved results were not just due to the higher prices charged to shippers. Several Factors. “If you drive your volumes up, your prices up and your costs down, you get a better result,” Green said. Haddo Meijer, chairman of Royal Nedlloyd, which owns 50 percent of the AngloDutch joint venture, said P&O Nedlloyd’s improved results came from both the better market environment and the actions of the carrier’s management. Ron Widdows, CEO of APL, said 40 percent of the improvement in NOL’s earnings last year came purely from rate increases. “The majority of the improvement came from cost reductions … and yield management,” he said. The higher profits were generated not only through increased rates, but also through an improved cargo mix targeting higher contributions, he explained. APL cited several factors for its profit recovery: robust demand, rate increases, a tight control of capacity and cost cuts. The carrier implemented a cost reduction program worth $163 million a year, although its overall operating costs increased last year. “(The) industry’s supply/demand balance and carriers’ resolve led to successful general rate recovery,” APL said. NOL said 2003 “was an outstanding year for (the) liner business,” and noted the turnaround of the liner shipping industry at large. In 2003, APL Liner increased its carryings in the headhaul, or Green dominant, directions of the east/west trades: by 7 percent in the eastbound transpacific, 15 percent in the westbound transatlantic and 11 percent in the Asia-to-Europe trade. By contrast, the carrier said it deliberately reduced its carryings in the westbound transpacific 2004 3/18/04 1:15:24 PM TRANSPORT / OCEAN “as equipment was quickly repositioned empty” back to Asia to move other highyield eastbound shipments. P&O Nedlloyd said it improved its operating profit last year despite the adverse effect of both fuel costs and currency. The London-based carrier made annualized cost cuts of $301 million over 2002-2003 before restructuring costs of $28 million in 2002 and $19 million in 2003. These fell short of P&O Nedlloyd’s target of $350 million, mainly due to increases in ship charter rates and a growth in trade imbalances at the end of 2003, the company reported. Restructuring, Efficiencies. Green, who took over as CEO in January, praised P&O Nedlloyd’s former management for turning an operating loss of $206 million in 2003 into an operating profit of $96 million in 2003. Yet, “the level of profitability is not acceptable at the moment,” he cautioned. “What was achieved is not enough,” Green added. He promised more action to reduce costs and raise efficiency, including through yield management. P&O Nedlloyd will introduce this year a new system to manage yields and capacity utilization, as part of its information technology program, called Focus. Using the system, P&O Nedlloyd employees will be able to see the revenue and costs associated with each shipment, Green said. P&O Nedlloyd ended 2003 with a stronger fourth quarter that produced higher freight rates and a net after-tax profit of $56 million, as compared to a loss of $83 million in the year-earlier period. Fourth-quarter revenue climbed 22 percent to $1.3 billion, with a 16-percent rise in average revenue per TEU to $1,347, and a 5-percent volume gain to about 988,000 TEUs. Having recently sold its remaining tanker shipping interests, NOL is now concentrating on the liner-shipping and logistics businesses. David Lim, group CEO of NOL, said NOL’s restructuring is 95 percent complete in terms of disposals of non-core assets. In a statement to the stock market, NOL also said that it would “continue to explore avenues to take advantage of any growth opportunities in the future” — a language that suggests potential acquisitions. NOL did not elaborate on what type of acquisitions it would consider. Following the sale of its tanker-shipping arm, NOL reduced its total debts from $2.8 billion at the end of 2002 to $1.3 billion at the end of last year, and reduced its debtto-equity ratio from 5.1 to about 1 over the Operating results of APL, P&O Nedlloyd 2003 Container carryings (in million TEUs) 2002 3.000 APL 2003 % chng 3.032 1% 2002 3.560 P&ONL 2003 % chng 3.743 5% Revenue (in $millions) Operating costs (in $millions) Operating profit margin (in $million) $3,425 $3,497 ($72) $4,180 $3,774 $406 22% 8% 664% $4,075 $4,309 ($234) $4,818 $4,741 $77 18% 10% 133% Average revenue/TEU* Average operating cost/TEU Average operating profit/TEU $1,142 $1,166 ($24) $1,379 $1,245 $134 21% 7% 658% $1,145 $1,210 ($66) $1,287 $1,267 $21 12% 5% 132% * The figures shown for average revenue per TEU are calculated as total revenue divided by carryings; APL said that its average freight rate amounted to $1,046 per TEU in 2002 and $1,256 per TEU in 2003. same period. Neptune Orient Lines’ directors are proposing to resume the payment of dividends to stockholders. APL’s liner business generated 75 percent of the revenue of the group in 2003, virtually unchanged from the previous year’s percentage. APL Logistics, which accounts for 18 percent of group revenue, also returned to profit last year, with an operating income of $7 million on revenue of $975 million. This compares to an operating loss of $27 million and revenue of $813 million in 2002. APL Logistics’ profit resulted from an increase in revenue, operational improvements in contract logistics and international services operations, and “improved pricing discipline,” the company said. NOL also reported $75 million in operating profit for 2003 from its tanker-chartering arm, now sold. Prospects. APL predicts a firm outlook for the liner shipping industry this year, with “supply and demand in relative balance.” “Volumes will increase and rates in key trades are projected to recover further this year due to favorable economic conditions and supply constraints,” APL said. NOL said it expects to raise its profit results again this year, barring exceptional circumstances. Widdows told American Shipper Feb. 27 that APL’s ships in the transpacific, Asia/Europe and intra-Asian trades are running full, with cargo being “rolled over” to the next sailings as volumes grow at a robust pace. “We’re full in Asia/Europe and rolling cargo; we’re full in the transpacific and rolling cargo; and we’ve been full in intra-Asia for five months,” Widdows said. APL reported that industry-wide cargo volumes in the eastbound transpacific trade rose 9.8 percent in January over the high volumes experienced in January 2003 shortly after the ending of the U.S. West Coast port lockout. From Asia to Europe, conference statistics show a 12-percent jump in volumes for January from Asia, Widdows said. He also reported increases in the backhaul trades from the United States and Europe to China. APL’s bullish comments on volume growth follow other forecasts that the transpacific trade could slow down this year. In December, eastbound Pacific volumes decreased 6 percent, largely due to the effect of the previous December’s West Coast labor disruptions. In 2003 overall, volumes rose about 8 percent, with growth slowing in the second half. Commenting on the January cargo growth figures, Widdows cautioned that it is too early to say whether current fullvessel conditions would last until the end of this year. Yet, APL expects container trade growth to exceed that of supply in 2004. APL’s ship utilization in its headhaul trades averaged 94 percent in the fourth quarter of 2003. Widdows said it is possible that the backhaul trades from North America to Asia and from Europe to Asia could increase their cargo volumes this year. “The backhaul volumes are strong and appear to be sustained,” Widdows said. He also cited growing cargo imports in China. However, Green and other carrier executives are expecting the headhaul trades to grow faster than the backhaul trades. Green sees a worsening of trade imbalances. P&O Nedlloyd said that, with the favorable trend in freight rates, and provided trade growth continues as in 2003, the outlook for the container shipping industry “remains positive” for 2004 although cost pressures remain from currency movements, high fuel prices and rising charter rates. ■ AMERICAN SHIPPER: APRIL 60_63AS04.indd 63 2004 63 3/18/04 1:15:45 PM TRANSPORT / OCEAN Playing a ‘cooperative game’ COSCO’s Wei Jiafu urges more cooperation among ocean carriers, shippers. LONG BEACH, CALIF. Wei Jiafu, president and chief executive officer of the China Ocean Shipping Co. group, the parent company of COSCO Container Lines, has called for more cooperation in the liner-shipping industry among carriers, and between carriers, shippers and other parties, saying that a “cooperative game” would be beneficial to all. In a broad policy speech to a conference in Long Beach March 9, Wei suggested that this cooperation model could begin in the transpacific trade. Wei “I believe the Pacific services should become a primary platform for liner operators to establish long-term coordinated competition mechanism with each other, as well as with shippers, related service providers, terminal operators, logistics businesses and railway companies in compliance with (the) cooperative game mentality,” he said. “We hope that by establishing this new mechanism, new cooperative patterns will emerge gradually in the industry, and will eventually guide and promote the sustainable, healthy and stable development of the liner transport industry.” The cooperation could occur at different levels, Wei said. Liner operators should establish a new mechanism of “coordinated competition” and a new mode of “competitive development” in compliance with the mentality of a cooperative game, Wei said, without specifying which activities would be coordinated. However, Wei added that liner operators “should enhance exchanges and cooperation, strengthen mutual trust, safeguard common interest of our industry under the framework of regional and international maritime organizations and liner conferences.” Although not a traditional member of liner conferences, COSCO has nevertheless joined the discussion agreements in the U.S./Asia and Canada/Asia eastbound and westbound trades in recent years, as well several carrier groups in Asia. COSCO Container Lines is also a member of the 64 64AS04.indd 64 AMERICAN SHIPPER: APRIL “CKYH” global alliance formed in early 2002. COSCO has also joined the World Shipping Council, the Washington-based carrier group. Wei appeared to suggest that the cooperation could be industry-wide. “We should promote the cooperative and competitive relationship between liner operators and gradually establish a new mutually beneficial and win-win business mode in this industry,” Wei told the Long Beach conference. Wei said carriers committed their resources to competition, rather than collaboration, with each other. “Many of them are preoccupied with a ‘single-party-win’ mentality, seeking only to maximize self-interest, and this behavior often triggers vicious competition, and will eventually hurt all the parties involved,” he added. “This phenomenon has been witnessed over the past years in the international liner transport market, including transpacific routes on numerous occasions.” Wei’s comments appeared to mirror what other ocean carriers have called “destructive” pricing competition. It is known that undercutting rates to retain and increase market share has been a common competitive practice among container carriers, particularly in weak markets. Referring to the game theory of human interactions, in which the outcomes depend on the interactive strategies of two or more persons, Wei said all games can be divided into either a cooperative game or a noncooperative game. “In the case of non-cooperative games, the participant focuses on maximized personal interest ... this turns out as the worst situation for everybody,” Wei noted. By contrast, a cooperative game scenario “encourages individuals to pursue personal benefit on the basis of a maximized collective benefit,” he said. Wei believes this approach can be transposed to liner shipping. “No entity has been created to represent the collective interests of carrier, shipper and other service providers,” he said. “These three crucial components of the marine transport chain’s client-oriented guidelines have not been applied in earnest to other parties in the same supply chain. “Normally, they focus on creating value for themselves, instead of creating value for others, so a mentality of serving each other has not been founded,” Wei said. “Liner operators should comply with a basic principle of competition, as well as cooperation when handling the relationship with shippers, shipping-related service providers and terminal operators,” he said. A “serving-each-other” mentality should be established among these four parties and each party “should aim at creating value for others,” he argued. Wei noted that the collaboration between liner operators and shippers should not be limited to the maritime shipping sector only, and should extend into logistics areas. Wei also called for regulatory harmonization, and more communication between policymakers and the industry. “The coexistence of excessive regulatory control, together with arbitrary attitudes in the shipping policies adopted by various governments, have brought a state of confusion and disorder to the market,” he said. China’s Growth. Commenting on China, Wei said that in recent years China’s container-shipping market has witnessed a fast growth and China’s liner transport market has become the world’s fastestgrowing market. Statistics show that in 2003 China’s seaports handled 47.66 million TEUs, 31.7 percent up from 2002, he said. The Chinese government is aiming to quadruple the country’s GDP by 2020, when compared to that of 2000. “In order to hit this target, China’s economy and trade need to maintain a fast growth for a long period of time and annual GDP growth rate is expected to maintain at about 8 percent and annual trade growth rate at over 10 percent by 2010,” Wei said. In shipping, the Chinese government is promoting a fast development of the liner transport and the shipping industry, Wei reported. “These measures include accelerating construction of maritime infrastructure, regulating the shipping market in compliance with laws and actively promoting modern logistics,” he said. Wei cited the implementation of a new “Port Code” of the People’s Republic of China that will “play a key role in promoting terminal constructions and providing higher quality and higher efficiency port service to both domestic and foreign shipping companies.” Non-Chinese shipping companies account for 70 percent of deepsea liner sailing from China and 47.5 percent of near-sea liner sailings, COSCO reported. ■ 2004 3/18/04 1:19:14 PM TRANSPORT / OCEAN Keeping ‘outsiders’ out of Jones Act A Coast Guard rulemaking promises to more closely scrutinize vessel financing. BY CHRIS GILLIS T he 1920 Merchant Marine Act, better known as the Jones Act, is supposed to preserve U.S. domestic waterborne trades for the American merchant marine, but complex vessel lease financing schemes have allowed some foreign operators to enter the business. The Coast Guard has issued new rules and proposed another rulemaking jointly with the Maritime Administration that promise to tighten the reins on lease financing arrangements to ensure that Jones Act vessels remain in the hands of U.S.-based companies. In 1996, Congress amended the vessel documentation laws to promote lease financing of vessels operating in coastwise trades. Lease financing has become a common way to finance capital assets in the maritime industry because of the cost benefits over traditional mortgage financing. Prior to 1996, Jones Act operators were prevented from obtaining financing from companies that are less than 75 percent U.S. owned because the leasing company had to be a U.S. citizen under section 2 of the 1916 Shipping Act. Lease financing allowed U.S.-flag vessel operators, for the first time, to obtain international sources of capital to finance ships. Under lease financing, however, vessel ownership is in the name of the lessor, with a “demise charter” or “bareboat charter” to the vessel charterer, which in turn is responsible for operating, crewing and maintaining the vessel as if the charterer owned it. While most of the transactions under the 1996 lease financing provisions are legitimate, Jones Act proponents say some foreign entities have used complex corporate transactions to foil congressional intent for the law. These foreign operators set up what they call “special purpose” leasing companies that are not bonafide financial institutions to bareboat charter vessels to section 2 U.S.-flag vessel operators. Jones Act proponents also claim that overseas-backed operators have the benefit of substantial direct and indirect subsidies, pay little or no taxes, face less stringent Michael G. Roberts spokesman, Maritime Cabotage Task Force “We’ve seen what happened to the U.S.-flag vessel industry in the international trades. We’re not going to take it in the Jones Act trades.” competition and other regulatory requirements, which are not available to U.S.-based marine services providers. In addition, the home countries of these foreign operators impose restrictive maritime cabotage rules of their own. In recent years, Australian firm Adsteam Marine entered the U.S. Pacific Northwest and Alaska towing markets by acquiring U.S.-flag Northland Services. French company Groupe Bourbon entered the U.S. Gulf offshore marine services business using a similar method. Nabors Industries, a U.S. operator of offshore supply vessels, relocated its corporate headquarters to Bermuda to take advantage of extraordinary tax breaks. Jones Act proponents allege that this structure enables Nabors to move the revenues from its U.S.-flag vessel operation offshore to avoid paying U.S. taxes. The Coast Guard said it’s aware of these operations and plans to use its new regulations for closer screening of companies seeking Jones Act operations endorsements. The Maritime Cabotage Task Force, a large pro-Jones Act lobby, has spent the past several years pressing the Coast Guard to crack down on special purpose leasing companies and other schemes that allow foreign entities to enter the U.S. domestic waterborne trades. “This rulemaking represents a substantial step forward in restoring the certainty necessary to ensure continued investment in vessels and companies engaged in domestic waterborne commerce,” said Philip M. Grill, chairman of the Washington-based task force, in a statement. “America’s Jones Act fleet is growing to meet the needs of commerce, but must be assured that the playing field will remain level so that true competition, not unfair advantages, determine which companies thrive in the future.” In comments to the Coast Guard, the task force said the agency has “an independent obligation to interpret the citizenship requirements” before issuing a vessel operator a coastwise endorsement. “In light of the significant legal change resulting from the lease financing provision, and the potential for abuse of that provision contrary to U.S. security and trade interests, the Coast Guard must carefully review all aspects of any potentially questionable transactions brought before it,” the task force said. Representatives of overseas-based Jones Act operators insist that they operate within the law. “This is no different than Toyota setting up a factory in Tennessee,” said Charlie Papavizas, a Washington-based attorney for Groupe Bourbon. “It’s Japanese money being invested in the United States, and thus the factory and the employees are in America.” Papavizas pointed out that Groupe Bourbon is financing the construction of 10 U.S.flag ships in an Alabama shipyard. “It’s enormously frustrating because it all boils down to the big Jones Act constituency telling the Coast Guard that this is bad and to fix it,” he said. “The law doesn’t permit them to do this, but the agency did it anyway.” Jones Act proponents remain adamant about preventing U.S.-based companies in the coastwise trades from being picked off by “outsiders.” “We’ve seen what’s happened to the U.S.flag vessel industry in the international trades,” said Michael G. Roberts, a spokesman for the Maritime Cabotage Task Force. “We’re not going to take it in the Jones Act trades.” The Coast Guard is not done with its attempt to block overseas-based companies from the Jones Act trades. In another proposed rulemaking with the Maritime Administration, the Coast Guard proposes to amend its regulations on documentation under lease-financing provisions of vessels engaged in the coastwise trades. One proposal considers whether the agency should prohibit or restrict the chartering back AMERICAN SHIPPER: APRIL 65_67AS04.indd 65 2004 65 3/18/04 1:25:03 PM TRANSPORT / OCEAN of a lease-financed vessel to the parent of the vessel owner or to a subsidiary or affiliate of the parent. Another proposal would set a limit on the time that a coastwise endorsement issued before Feb. 4 would run. In addition, the Coast Guard will consider whether applications for endorsement under lease-financing provisions should be reviewed and approved by an independent third-party with expertise in vessel chartering. At the same time, MarAd proposes to amend its regulations to require its approval of all transfers of the use of a lease-financed vessel engaged in the coastwise trade back to the vessel’s foreign owner, the parent of the owner, a subsidiary or affiliate of the parent, or an officer, director or shareholder of one of them. In 1992, MarAd changed its rules to allow general approval for time charters of U.S.flag vessels to charterers that were not U.S. citizens, and to eliminate MarAd’s review of these time charters. However, MarAd is concerned the lease-financing provisions could allow foreign operators to “exert additional control over a vessel operated in the coastwise trade by becoming the owner of the vessel and time chartering the vessel back to itself or to a related entity through an intermediate U.S. citizen bareboat charterer.” MarAd said its review of charter arrangements under limited circumstances where the time charterer is related to the non-citizen vessel owner will “ensure the U.S. citizens maintain control over vessels operating in the coastwise trade.” There are some exceptions, however, to the Jones Act’s section 2 citizen requirement. Under the Bowaters Amendment, foreign ownership is allowed for vessels owned by a corporation involved in manufacturing or mineral industries to domestically transport its own goods. The “fourth proviso” of the Jones Act temporarily suspends the U.S. citizen ownership requirement for Yukon River services. Similar allowances are made for oil spill response ships, provided that they’re owned by a not-for-profit oil spill response cooperative and their use is restricted to training and deployment during an oil spill. The task force said these exceptions are narrowly drawn to prevent abuse of section 2 citizen requirements of the Jones Act. “Where a strong case is made in particular circumstances for an exception to those requirements, a statutory provision is enacted to address those circumstances, and only those circumstances,” the task force said in comments for the Coast Guard’s final rule. “Such provisions have not provided a loophole for skirting the U.S. citizen ownership requirement in other circumstances.” ■ 66 AMERICAN SHIPPER: 65_67AS04.indd 66 APRIL Product tank vessels for U.S. security Five MSP slots are available. But who will build them? BY CHRIS GILLIS T he U.S. Maritime Administration has begun taking competitive proposals from American vessel operators and shipyards to build five U.S.-flag product tank vessels to operate for both commercial and military purposes. Under the 2003 Maritime Security Act, Congress established the National Defense Tank Vessel Construction Assistance program, through which MarAd will provide financial help on up to 75 percent of the actual cost of approved vessel construction, depending on appropriations, but in no case more than $50 million per vessel. The first five slots of the new 60-ship Maritime Security Program pool must be awarded to section 2 citizens that own and operate new U.S.-built product tank vessels. The size of the proposed product tank vessels may range between 35,000 and 60,000 deadweight tons, according to a notice published in the Feb. 20 Federal Register. MarAd also said the ships must: • Meet the requirements of foreign commerce. • Be capable of carrying militarily useful petroleum products and be suitable for military purposes in times of war and national defense. • Meet the construction standards needed for citizen documentation under U.S. laws. House Armed Services Chairman Duncan Hunter, R-Calif., and other members of Congress have voiced concern about the lack of U.S.-flag product tank vessels to transHunter port jet fuel to war zones in the Middle East. During the start up of Operation Iraqi Freedom, U.S. forces chartered 26 double-hulled product tank vessels, but only one was a documented U.S.-flag ship. MSP, initially established by the 1996 Maritime Security Act, was set to expire Sept. 30, 2005. It provides the federal government with access to 47 militarily useful commercial container and roll-on/roll-off ships. The government also paid the vessel operators in the program $2.1 million per ship per year to help offset the higher U.S.-flag operating costs. MarAd oversees the MSP program. After extensive industry lobbying and several congressional hearings, the House and Senate agreed to increase the MSP fleet to 60 U.S.-flag ships for 10 years, but varied on the payment per ship. During the final draft of the 2004 National Defense Authorization Act, the House and Senate conferees set the payment per ship starting at $2.6 million per ship for fiscal years 2006-2008; $2.9 million per ship for fiscal years 2009-2011; and $3.1 million per ship for fiscal years 2012-2015. While the existing slot holders will grandfather into the new MSP program, the House and Senate conferees made it clear the 13 new slots should be dedicated to product tank and ro/ro vessels. While the National Defense Tank Vessel Construction Assistance program sounds attractive, it will be a tall order for any U.S.-flag vessel operator to fill. “It looks and sounds like a good deal from a press release point of view, but if you scratch the surface just a little bit it is definitely more difficult,” said Peter Shaerf, senior vice president of American Marine Advisors, a New Yorkbased merchant bank focused solely on the maritime industry. The biggest hurdle, even with a fully funded $50 million payment per ship, is the higher cost to Schaerf build these vessels in a U.S. shipyard, Shaerf explained. Building product tank vessel in a U.S. shipyard could cost from about $75 million to more than $100 million, compared to $20 million to $45 million in a foreign shipyard. The higher operations cost of U.S.-flag vessels, once they’re built, is another concern for perspective operators. Even with the U.S. government’s MSP payment, 2004 3/18/04 1:25:30 PM TRANSPORT / OCEAN operators of the U.S.-flag product tank vesThe association, which represents six of similar fate in 2003. U.S. law requires that sels can expect to spend at least $10,000 the largest U.S. shipyards along with 32 all single-hull tankers must be taken out of a day per ship to operate them, whereas member companies that manufacture ves- service by 2015. There are about 50 U.S.-flag product tank foreign-flag operators spend about $5,000 sel components, would have preferred that a day per ship. MarAd’s request came with a more definitive vessels operating today, most of which operate in the coastwise trades under long-term In addition, unlike the U.S. coastwise tonnage size. The size contracts, such as with the oil companies product tanker trade, which is tied to range could “slow the on the U.S. West Coast. long-term shipper contracts, the American competitive environRealizing the trend of a shrinking U.S.-flag product tank vessels ment” for building the product tank vessel fleet for international in the international MSP product tank vesservice, Maritime Administrator William G. trade operate on the sels, Brown said. Schubert developed a spot market. Against A 45,000-deadprogram in late 2002 to this backdrop, some weight-ton tanker is expedite reflagging of U.S.-flag vessel operaconsidered by many Brown eligible foreign-built tors complain that the industry experts to military is increasbe the optimal size ship for clean products ships to the American ingly squeezing them for Jones Act and overseas military opera- merchant marine. Arntzen The expedited reto drop their freight tions. transport rates. Competition for those operators willing flagging process for Morten Arntzen, to take the risk to build and operate the new product tank vessels Schubert president and chief MSP product tank vessels will be fierce. takes about 45 days. executive officer of “There’s no question that these ships will The Coast Guard conducts a plan review of each vessel eligible for reflagging and New York-based tankget built,” Arntzen said. er operator Overseas The number of U.S.-flag product tank gives approval subject to on-site inspecShipholding Group, vessels leaving service due to tough oil tions. MarAd said this process substantially said the build and oppollution regulations and age continues to reduces the cost to reflag ships under the U.S. flag. erations requirements outpace replacement tonnage. Kurz However, the country’s cargo preference for the MSP product By the end of 2002, five U.S.-flag product tank vessels will limit the field of perspec- tank vessels, all about 39,000 deadweight rules exclude overseas-built and foreigntive competitors for the business. tons and built in the mid-1970s, were taken flagged vessels re-registered under the U.S. “It’s certainly not for the faint at heart,” out of service, because they didn’t meet the flag from access to government-financed said Arntzen, whose company operates 52 double-hull requirements of the 1990 Oil freight, such as food aid, until after three ships. “We’re certainly going to look at the Pollution Act. Another five vessels faced a years in regular commercial service. These reflagged ships are also excluded possibility (of participating in the from the Jones Act trades due to program) very closely. We’ll do strict U.S.-build requirements. our homework.” Since Schubert announced the “We are certainly very keen to expedited reflagging initiative, be a participant in this program,” only one international vessel said Gerhard E. Kurz, president operator has taken advantage of and CEO of Seabulk International, it. In September 2002, Maersk based in Fort Lauderdale, Fla. “We Line Ltd., the U.S.-flag vessel would hope to get one or two of subsidiary of A.P. Moller/Maersk those vessels.” Sealand, reflagged the 35,000Kurz said Congress could have deadweight-ton Maersk Rhode sweetened its U.S.-flag product Island from U.K. flag to U.S. tank vessel program by offering flag. operators a contract guarantee Last year, Seabulk, one of the on top of the MSP payment and largest U.S.-flag operators of the ability to operate in the comproduct tank vessels in the U.S. mercial spot market. domestic waterborne trades, U.S. shipyards are also grateful bought two recently built 45,000for the opportunity to build comdeadweight-ton foreign-flagged mercial tankers. However, there is product tank vessels to open its some concern about the reference foray into the international clean in MarAd’s request for proposal products transport business. about “assembly” of ships in U.S. Kurz said his company remains shipyards. firmly committed to U.S.-flag “Someone could essentially vessel operations, but he wants import modules and weld them stronger economic incentives to together in a U.S. shipyard, minioperate these types of ships in mizing impact for U.S. jobs,” said Cynthia L. Brown, president of The Maersk Rhode Island, owned and operated by Maersk the fickle international trade. “I the Washington-based American Line Ltd., is the only U.S.-flag handy-sized product tanker wouldn’t mind putting these two dedicated to international trade. ships under U.S. flag.” ■ Shipbuilding Association. AMERICAN SHIPPER: APRIL 65_67AS04.indd 67 2004 67 3/18/04 1:25:51 PM TRANSPORT / INLAND Freight at risk Insurance executive offers advice on reducing insurance risk for cargo moving by rail, truck in Mexico. BY ROBERT MOTTLEY S tolen cargo, particularly high-tech goods, remains a plague on commerce throughout Mexico and areas of Latin America. “Certain countries are better off than others. The worst problems areas for stolen shipments in 2004 are found in Argentina, Brazil, Colombia and Mexico,” said Thomas Gillen, regional manager for marine loss control for the American International Group of insurers. Gillen, based in Mexico City, conducts vulnerability assessment of logistics systems for clients of AIG in Mexico, the Caribbean, and Central America — the region extending from Guatemala to Panama. “High-quality, up-market goods are at risk throughout Latin America, and probably more so in Mexico and Brazil,” Gillen told American Shipper. In Mexico, “the majority of robberies are preceded by an information leak of some kind,” he said. The leak could come from personnel working for the shipper of the goods, or from employees of the carrier or even the private security company hired to protect the shipment. “Nor can you exclude local authorities with a roving eye.” Wish Lists. Throughout Mexico’s interstate highway system, there are checkpoints set up by the police or army, or the attorney general’s office, ostensibly to look for drugs or firearms. “They routinely check the bills of lading for all shipments. If the personnel at the checkpoints are corrupt, and happen to see something they like on a bill of lading, then they’ll call their armed cronies about a kilometer down the road to intercept the shipment,” he said. Gillen said his company pays up promptly when claims are justified. “Armed robbery is force majeure; there’s nothing to be done after the fact,” he noted. Even if a shipper has set up a theft of its own goods, Mexico remains pro-carrier. “If a loss is proven to be 100 percent the fault of a carrier, that carrier is liable for only up to 15 days minimum wage per ton, which works out to about $45 a ton,” Gillen said. 68 AMERICAN SHIPPER: 68_69AS04.indd 68 APRIL “If a half-million-dollar shipment of pharmaceuticals is stolen, you get almost nothing back from the carrier,” he explained. Several countries in Central America actually have laws where carriers are held liable, but the carriers are so poor that even if they were held liable for 100 percent of a shipment, they couldn’t carry any responsibility for it. Within the federal district of Mexico, which extends across the center of the country, the theft percentage for unprotected shipments soared in 2003. In fact, 84 percent of all truck hijackings in Mexico occurred in that region, which includes the Gulf port of Veracruz, the cities of Puebla and Guadalajara, the Mexico City metropolitan area, and the Pacific port of Manzanillo. Despite that whacking, “our local clients have had reasonable success in shipping their cargoes without trouble, because they take precautions. Our problem children are multinational companies,” Gillen said. “The home offices of those multinationals are not in-country, so the people in charge of spending money on security don’t see the difficulties faced in Mexico,” he said. “Even after being burned once, the multinationals rarely seem to learn.” For many of these companies, “security with them is always looked at as an expense, not an investment,” Gillen said. “It’s always close to the bottom on budgetary priorities. When budget cuts come around, security is always the first thing to be chopped, even now.” Rail vs. Truck. Rail in Mexico is by far the most secure way to move goods, far better than by truck. Using railroads is less expensive than using trucks, but is “a little bit slower,” Gillen noted. Trains are safer because it’s harder to steal the goods, and most rail yards have adequate security. “In contrast, trucking brings indisputable risks,” Gillen said. Drivers and guards are usually unarmed. Robbers simply hijack the truck, drive to an unloading area and remove the goods they’re stealing, he explained. “A lot of gangs work at different levels to make an incident like that happen. They’ll try to place a source in a company, and also recruit drivers and security guards,” he said. In Mexico, relatively few drivers or guards are harmed by robbers. In Brazil, theft is much more violent, and in Argentina, it’s been bloody for years. When shipping by truck, Gillen recommends “that contracts be signed with carriers, written pacts instead of casual handshakes, in which the carrier agrees to be held economically responsible for losses demonstrated to be his fault,” he said. “It’s been an uphill battle to do that, but more companies are insisting on it. We have yet to have a carrier who signed such a contract be robbed and then try to back out of it, so it hasn’t been tested in the Mexican courts.” “We see that clause in contracts to be less of a recovery tool than a means for loss prevention,” Gillen said. AIG also recommends the use of a Global Positioning Satellite (GPS) device on vehicles. “GPS is easy now to implement in Mexico, Brazil and Argentina. In Central America, it’s still a fledgling operation,” Gillen said. “We also recommend the use of reputable security companies to escort a shipment in high-risk areas,” he said. A key high-risk area is Mexico City itself, and its environs. An escort means either guards in the truck, or in a vehicle following the truck. Mexican citizens are not allowed to have firearms, which are prohibited everywhere. There are stiff penalties for being caught with a firearm without a permit for it. “There are several reputable security companies that don’t have weapons but they have outstanding communications, good training, GPS, and good relations with the authorities. If they see something going down, they can trigger alarms to get the police involved quickly before the cargo disappears,” he said. Night Raids. Among other recommendations, AIG suggests that internationally established guidelines be followed for tying down or bracing cargo within containers. “Also, in Mexico, we insist that carriers travel on toll roads, which are demonstrably safer than non-toll federal highways,” Gillen said. About 55 percent of robberies occur at night. “What we don’t like about night-time operations is that if a shipment arrives at its destination after closing hours, and the driver parks outside waiting for daylight — that truck is a sitting duck,” he noted. “We urge our clients to plan that if they can’t make it before the close of business that day, their shipment spends the night in a guarded parking area, or else they work their logistics out so they can arrive when the place 2004 3/18/04 1:26:30 PM TRANSPORT / INLAND is open and can receive their goods.” The North American Free Trade Agreement has “definitely stimulated the developing of serious truck carriers in Mexico. “Those who want eventually to have authorization to cross the border into the U.S. have to upgrade their trucks,” Gillen said. “That’s also one of the major challenges we face here. As a preventive measure, we recommend to our clients that their carriers have no vehicles older than six years, follow a maintenance plan, and modernize their fleet,” he said. Mexican trucks crossing into the United States must still offload their cargo to a U.S. carrier within a short distance of the border. A U.S. carrier coming into Mexico has to be authorized by the Mexican government to travel at will. “Companies such as Yellow and Roadway have no problem obtaining permits to complete an entire journey,” Gillen noted. So far, the U.S. Bureau of Customs and Border Protection’s 24-hour rule “is having a beneficial effect on us,” he said. “However, a lot of our shipping problems in Mexico are not with exports, but with distribution within the country.” In the southern-most Chiapas province, “when shipments go by truck from Chiapas into Guatemala, you frequently have robber- ies across the border in Guatemala that can be traced back to information leaked from customs warehouses on the Mexican side that are near checkpoints,” he said. “Overall, our clients are realizing that, in terms of security, they can’t rely on the government to help them out,” Gillen said. “They have to take strong measures themselves.” “Generally, logistics vigilance doesn’t have to be expensive. You can’t overstate the value of prevention and preparedness. The good news is that most of what works to increase cargo security costs very little or nothing: signing a contract with a carrier you already have, just of going on just a handshake; paying minimal tolls to stay on safer roads, seeing that a shipment travels by day and arrives before nightfall,” he said. “It also doesn’t cost anything to control information, so that word of a high-tech shipment, for example, is restricted to the bare minimum of people who have to know,” he said. ■ NTSB faults CP Rail, FRA for 2002 derailment WASHINGTON A U.S. National Transportation Safety Board investigation found the Canadian Pacific Railway’s inadequate track inspection and maintenance program as the cause of a deadly train derailment on Jan. 18, 2002. The accident occurred a half-mile west of Minot, N.D. Five tank cars carrying anhydrous ammonia, a poisonous gas, ruptured and released a vapor plume that killed one person and sickened more than 300 others. The NTSB’s investigation of the accident faulted the Canadian railway for discontinuing ultrasonic testing of joint bars before the accident. The ultrasonic testing is a procedure that the agency believes would have identified cracks in the line. The NTSB also faulted the Federal Railroad Administration for not requiring adequate inspections and testing of joint bars in continuous welded rail and recommended “on-the-ground inspections and nondestructive testing” in the future. In addition, the agency said the five ruptured tank cars were made before 1989 with “non-normalized” steel. In low temperature, steel becomes brittle and easily fractures. “Normalizing” is a heat treatment process that lowers the temperature at which steel will become brittle, the agency said. All tank cars built after 1989 are required to use normalized steel. ■ AMERICAN SHIPPER: APRIL 68_69AS04.indd 69 2004 69 3/18/04 1:31:45 PM Caught in the middle Carriers, shippers at risk of ports that don’t comply with July 1 deadline of ISPS code. BY PHILIP DAMAS V isualize the following scenario. It is July 2. A ship calls at a minor Indonesian port that has not yet complied with the July 1 deadline for implementation of International Ship and Port Facility Security (ISPS) code of the International Maritime Organization. The ship carries your cargo to the United States. This scenario raises serious questions for shippers: What 70 AMERICAN SHIPPER: 70_74AS04.indd 70 APRIL will the U.S. Coast Guard and the U.S. Bureau of Customs and Border Protection do if the ship and its cargo reach a U.S. port, or when its cargo is loaded at the unsecure overseas port? Christopher Koch, president and chief executive officer of the World Shipping Council, the Washington-based group representing liner carriers, predicts potential complications in such a scenario. “It would appear likely ... that not all foreign port facilities will be compliant on July 1,” Koch told a conference in Long Beach March 9. “Vessels calling between such ports and the cargo on those vessels are caught in the 2004 3/18/04 1:37:17 PM USCG photo by PA1 Tom Sperduto middle,” he warned. “It is not yet clear what a vessel can expect in these situations.” Shippers should expect consequences to cargo that passes through non-compliant facilities, Koch noted. “Those consequences may become more substantial as time passes and the government becomes less tolerant of foreign ports that are not compliant with the code.” Koch suggested that ports that are late in their security compliance will be in developing countries, but did not name specific ports. He believes the United States will not stop trade in July with countries that have not complied with the security code by then. “However, the issue is how will ISPS- ports from developing nations called for compliant vessels be treated by the U.S. information sharing and technical assisCoast Guard and other nations when they tance ... as well as financial assistance,” the arrive after having called at a foreign port UNCTAD report said. facility that does not have an ISPS compliant facility security plan,” he said. Trade Barriers? UNCTAD, the World The United Nations Conference on Trade Customs Organization and others have and Development Ports believes that ports, warned that developing countries lack the as well as ships, are behind in their efforts funds required to enhance their transport to comply with the July 1 deadline of the security. In turn, poor transport security ISPS code. could make it more difficult for developing “Recent surveys carried out on the status countries to trade internationally. of implementation of the security measures UNCTAD said the investment required raise concerns that not enough progress in developing countries to implement the has been achieved so far,” UNCTAD said ISPS code is “substantial and immediate.” in a Feb. 26 report, Container Security: It estimates an initial investment of about Major Initiatives and Related International $2 billion for all the ports of developing Developments. countries. The lack of progress has been reported “The International Maritime Organizaby governments and other interested parties, tion security requirements place a particuincluding industry organizations, such as larly heavy burden on the poorer developing the International Chamber of Shipping, the countries that often lack both the capital Baltic and International Maritime Council, and the expertise, and may face further the International Association of Classifica- limitations on their ability to participate in tion Societies, Intertanko, Intercargo and international trade,” UNCTAD said. the International Association of Ports and Failing to implement the ISPS code could Harbors, the report says. expose developing countries’ exports to The International Association of Ports additional checks or delays at the destinaand Harbors surveyed tion port. its member ports and Koch suggested that found difficulties in it is possible that U.S. their compliance efCustoms’ Automated forts. Targeting System “While 70 percent may assign a higher of the 53 member security risk to cargo ports which respondcontainers transiting Christopher Koch ed to the survey were through non-ISPS president, World Shipping confident they would compliant facilities, Council meet the deadline of and thus make it more July 1, 2004, 19 perlikely such containers cent were uncertain,” “The issue is how will ISPS will be held up for UNCTAD said. Reainspection. sons cited for delay compliant vessels be treated The United States in implementations and other ISPS comby the U.S. Coast Guard pliant nations are likeincluded, above all, financial constraints, and other nations when ly to take actions “that as well as lack of will cause carriers they arrive after having and shippers to have staff and expertise. Other reasons cited common interest in called at a foreign port astrongly were delays in legsupporting islative enactment facility that does not have efforts by all countries and procedures by to become compliant governing bodies and an ISPS compliant facility as soon as possible,” authorities. Koch predicted. security plan. ” “ I n p a r t i c u l a r, Ports are concerned smaller ports and about a potential inAMERICAN SHIPPER: APRIL 70_74AS04.indd 71 2004 71 3/18/04 2:02:32 PM TRANSPORT / PORTS crease in “security related competition,” as some countries might impose stricter requirements than others, UNCTAD said. The UNCTAD report is posted on the Web at www.unctad.org/en/docs/sdtetlb20041_ en.pdf. Koch believes that U.S. port facilities will meet the July 1 deadline for compliance with the security code, and so will liner shipping operators. “Discussions with our member lines’ representatives have identified no significant problems regarding lines’ expectations of their vessels being compliant by that time,” Koch said. Commenting on the inspection of containers, Koch said that U.S. Customs uses the Automated Targeting System to screen 100 percent of all suspicious containers before they are loaded aboard a vessel bound for the United States. As it has refined the Automated Targeting System, Customs has increased the proportion of containers inspected from less than 2 percent of all containers before Sept. 11 to 5.4 percent, the World Shipping Council said, quoting recent reports. “That means that Customs is now inspecting almost 400,000 ocean containers a year,” Koch said. “ We expect container inspections to continue to increase in 2004.” ‘Zero tolerance’ Making sense of port security compliance in port of New York-New Jersey. BY ROBERT MOTTLEY C apt. Craig E. Bone, as the U.S. Coast Guard’s Captain of the Port for the NewYork-New Jersey area, is charged with making sense of new port security rules to be enforced effective July 1. “First of all, there will be zero tolerance for violations of new security rules — no waivers will be given for anyone — in the enforcement of the Marine Transportation Security Act (MTSA) and the International Ship and Port Security (ISPS) Code,” Bone said. “These are parallel laws that are in synchronization with each other. This is the first time in my career that I have seen this level of alignment nationally and internationally,” Bone said. “Under MTSA, all commercial waterfront facilities including public access facilities … as well as local marinas and boating areas are subject to meeting security requirements. Facilities that are not required to submit formal security plans for approval must meet the requirements established in the Coast Guard’s area maritime security plan,” he said. Working under the direction of the Department of Homeland Security, the Coast Guard has established maritime security (MARSEC) levels. These are levels of protection to be achieved for vessels, facilities, and ports that correspond to the Homeland Security Threat Color coded system: MARSEC Level 1 (yellow), MARSEC Level 2 (orange), and MARSEC Level 3 (red). If the port of New York and New Jersey, which is at MARSEC 1, were to be placed at MARSEC 2, “a number of protection activities would be executed by both law en- 2 ND A N N U A L N A F TA T R A N S P O RTAT I O N C O N F E R E N C E & E X H I B I T I O N May 18-19, 2004 OVERLAND PARK CONVENTION CENTER OVERLAND PARK, KANSAS IN SUBURBAN KANSAS 70_74AS04.indd 72 APRIL 2004 : K ANSAS CIT Y 2n NN dA UAL NAF TA AMERICAN SHIPPER: R N 72 FE AND EXHIBITIO C O N TA C T I N F O R M AT I O N – c a l l : 8 1 6 . 4 7 1 . 2 2 8 8 o r, e m a i l : i n f o @ i t c k c . o r g CITY TAT I O N C O N CE Space is limited. Register today! AN OR SP EN TR A day and a half high-impact conference for discovering workable NAFTA logistics. www.itckc.org 2004 3/18/04 1:49:53 PM TRANSPORT / PORTS forcement and private sector entities,” Bone said. “Depending on the nature of the threat that places us at that level, additional security zones may be established and recreational vessel traffic further restricted.” At the highest MARSEC level 3, “all maritime traffic will initially be halted,” Bone explained. Vessel and small boat movements in the port at MARSEC 3 would only be authorized with positive identification and controls in place for every movement. There are 1,100 commercial vessels transits in the port of New York and New Jersey on any given day. The inter-agency maritime protection security mix in the New York-New Jersey region includes the Coast Guard, Bureau of Customs and Border Protection, Immigration and Customs Enforcement, U.S. Park Service, FBI, the CIA, Secret Service, Office of Naval Intelligence, New York City Police, Port Authority Police, New York and New Jersey state, county and local police, and Navy militia, supported by the National Guard. Other significant players include FEMA and EPA. The most visible Coast Guard role in the harbor at the MARSEC 1 level continues to be vessel boardings. In 2003, there were 362 ships boarded at sea, and 479 boarded upon arrival dockside. “Most offshore Coast Guard boardings of foreign-flag ships in the New York-New Jersey port region occur between 2 a.m. and 4 a.m., to avoid delays in vessel arrivals and normal cargo operations,” Bone said. “All vessels are screened prior to arrival and assessed for risk and threat to the port,”he said in the course of several interviews. “Both safety and security factors, as well as specific intelligence reports are considered. Vessels presenting the highest levels of risk are boarded offshore at anchorage or during their transit between ports.” “We assess the risk for each vessel’s transit in U.S. waters and respond with the screening, protection, and control measures to prevent any of the above from occurring,” he said. Voyage charters don’t always indicate when cargo shows up, let alone where it comes from or where it’s being taken. While masters are supposed to identify voyage charters, there are often vagaries, so a ship’s captain often doesn’t have all of the required facts in hand. Compliance with MTSA and the ISPS Code “requires that the name of the charterer be reported in all advanced notice of arrivals,” Bone said. “However, it is the owner, agent, master, operator, or person in charge of a vessel who is required to submit this information 96 hours in advance. During the vessel pre-arrival screening process, any charterer that has a history of associations with substandard ships will increase the probability that ships it charters are targeted for boardings.” “So, charterers carry a certain amount of responsibility in ensuring that only regulatory compliant vessels call to U.S. ports,” Bone said. “With regard to SOLAS (International Convention for the Safety of Life at Sea) vessels, cargo is not a determining factor on whether or not a ship can operate without a security plan, or go to a facility without a security plan. All SOLAS vessels and all facilities that receive SOLAS vessels are required to be in compliance with MTSA and ISPS, no matter what cargo is carried,” he said. Asked what happens when a vessel calls at a non-compliant foreign port and then comes back to the United States, Bone said that “if that ship has arrived from a port which does not maintain adequate antiterrorism measures, the Coast Guard is tasked with determining the security level that the ship maintained while at that port. “If the vessel did not maintain at least security level 2, additional port state control measures will be initiated. These include detention of the ship, if the evidence shows swissworldcargo.com Faster postal solutions: Swiss Mail. Turn your snail mail into Swiss Mail. Our ultra-short acceptance, transfer and delivery times, plus seamless interfaces with postal organisations, speed up your international mail. At more than 150 destinations in over 80 countries. We care for your cargo. AMERICAN SHIPPER: APRIL 70_74AS04.indd 73 2004 73 3/18/04 1:50:12 PM TRANSPORT / PORTS that the vessel embarked persons “However, there are two sepaor loaded stores or goods at a port rate targeting systems, one focused facility or from another ship that on safety, while the other is focused did not have approved security on security,” he said. “Every ship NEW YORK plans,” Bone explained. is screened through both matrixes, Officials within the U.S. Maritime Administration have Harbor habits will change, as and the results documented in wondered what the effect enforcing the Marine Transportawell, after July 1. Small vessel MISLE. Ships could very easily tion Security Act and the International Ship and Port Security support facilities, even those in be targeted for a boarding under Code after July 1 will have on government-impelled preferupriver ports — for example, both criteria.” ence cargoes. small companies in Albany, N.Y., “In addition, every safety exam “If USDA (U.S. Department of Agriculture), USAID (U.S. that provision and repair deep-sea will include verification that Agency for International Development) or any other contracships that call at Albany — are gothe vessel is in compliance with tors are buying a particular commodity, do they need to put ing to have to be compliant with the the ISPS Code, and that every into their request for quotations a clause that says the cargo MTSA and the ISPS Code. security boarding team is able can only be delivered to a facility that is compliant with the That means such facilities will to identify a substantial safety Code?” asked Thomas W. Harrelson, director of MarAd’s have to file security plans, and problem that could pose a threat office of cargo preference, in an interview. pay the extra cost of augmenting to the port,” Bone said. “The regulations do not direct how maritime facilities their premises with better fences, At a recent hearing in Washensure compliance. Rather, the rules have provided security guards and 24-hour security camington, D.C., before the House performance standards that facilities must meet,” according eras — if they want to continue of Representatives Committee to Capt. Craig E. Bone, the U.S. Coast Guard’s Captain of servicing deep-sea vessels. on Transportation and Infrastructhe Port for the port area of New York and Jersey. Some confusion persists with ture’s subcommittee on Coast Cargo bookings for July 1 and afterwards have to be made facilities and marine service Guard & maritime transportation, in mid-April at the latest. providers that cater strictly to the Rep. Peter DeFazio, D-Ore., said There are indications that ocean carriers are going to put U.S. domestic trade. In the New the United States should not acclauses into their charter parties saying that for any delay due York area, barge operators have cept the ISPS Code at face value. to security that isn’t the carriers’ fault, the shippers will pay asked what happens to barges “It’s not the law of the U.S., and demurrage on cargo. carrying domestic cargo through doesn’t require the Coast Guard to USDA and USAID are also said to be considering adding ports or past special zones areas acquire and review these plans.” a clause into their charter parties, saying that a vessel must that have to be ISPS code-compliIn response, Adm. Thomas H. be compliant with the ISPS Code to be awarded cargo. ant? A trucking terminal operator Collins, commandant of the U.S. “If shippers move cargo on a compliant vessel, then they wanted to know if proximity, such Coast Guard, called the ISPS sysshouldn’t have to put such stipulations in their contracts,” as sharing a fence with a codetem “very positive” and cited the Bone said. compliant facility, requires filing benefits of “strength in numbers” The new rules will restrict the availability of ships to carry a security plan? with the large number of countries preference cargoes in certain trades. “The MTSA defines the term signed on to the program. “If the vessels don’t make it into the U.S., they aren’t going to ‘facility’ as any structure or facilCollins assured the House be around to carry outbound cargo,” Bone said. If an outbound ity of any kind located ‘in, on, subcommittee’s members that ship from the U.S. carrying government-impelled preference under, or adjacent to’ any waters the Coast Guard will “trust but cargo calls at a foreign port that is not compliant, “that vessel subject to the jurisdiction of the verify” the ISPS plans. “We’ll will be subsequently restricted as to where it could go.” United States,” Bone explained. monitor if (ships are) practicing “That broad definition was drafted security. We’re not just going to to capture and regulate under the accept a piece of paper. We’re Bone said that domestic-oriented barge going to review every vessel.” MTSA those facilities determined by the Secretary of the Department of Homeland operators and trucking terminals next to ISPS He warned that vessel operators coming Security as most likely to be involved in a code-compliant facilities should research to U.S. ports had better “keep rigorous and their risks and have a vulnerability plan ready, comprehensive records.” ‘transportation security incident.’ ” Facilities within zones that do not fit that so they won’t be caught short if they do have Collins also noted that the Coast Guard description will be evaluated as to their risks to file security plans at a later date. has reduced the number of substandard ships The Coast Guard is tracking vessel entering U.S. ports by 65 percent. and vulnerabilities, Bone noted. information separately from present port The Coast Guard is training more than 500 state control data. inspectors for its ISPS-related work. “We “Vessel arrival information is tracked in don’t take this lightly. We’ll aggressively purthe Shipboard Arrival Notification System sue this in our port state control,” he said. database. This information is used for preCollins said vessel security plans are 99 screening, both for port state control and percent complete. As of March 4, the Coast security,” he said. “Additionally, vessel, Guard had received 8,887 vessel security facility and involved party specific infor- reports, and had issued 89 notices of viola• Tampa Bay Florida • mation of both marine safety and security tions to non-compliant vessel operators. 400,000 SF Warehousing particulars are tracked in the Coast Guard’s The Coast Guard has also received about under construction Marine Information for Safety and Law En- 3,500 facility security plans, or 92 percent of on the port • at the entrance forcement (MISLE) database. They are not the expected total, and has issued 63 notices Federal Port Corporation, 2300 South Dock, Palmetto, FL 34221 tracked separately, nor is port state control data of violations to non-compliant port facility 941-358-6081 • Fax- 941-358-8073 • [email protected] compromised or less than accurate.” operators. ■ Matter of preference Port Manatee Commerce Center 74 AMERICAN SHIPPER: 70_74AS04.indd 74 APRIL 2004 3/18/04 1:52:45 PM LC1119 TOCEurope2004 AS ad 3/2/04 10:01 AM Page 1 FIRA DE CORNELLÀ, BARCELONA, SPAIN www.toc-events.com TOC2004 EUROPE WWW.TOC-EVENTS.COM 2004 www.toc-events.com THE SHIPPING PORTS AND TERMINALS EVENT FOR EUROPE 16-18 JUNE 2004 TOC2004 Europe – Planning for the coming capacity crunch How will your port cope with the next wave of growth in maritime cargo flows? Can existing assets be used more efficiently, or do you need to plan for extra capacity? TOC20004 is the only event to give you real answers. • Discuss how existing ports and terminals can design their next-generation facilities • Learn of the cutting-edge port technology available now and in the near future • Get the latest policy briefings that affect your day to day operations CONFIRMED SPEAKERS INCLUDE • • • • David Appleton, APL Europe Baron Leo Delwaide, Antwerp Port Authority David Robinson, PD Teesport Professor Hercules Haralambides, Erasmus University • Eric Noterman, P&O Ports Antwerp • Antonio Nuño, Maersk España • Thomas Falknor, ICTSI PLUS • TOC2004 Europe Golf Day – network with your industry peers Visit the only exhibition dedicated to container terminal operations, technology and services which will bring together local and international operators, partners and suppliers, providing an ideal opportunity to network and do business during this 3 day event. For further information visit www.toc-events.com or telephone Lorraine Ward on +44 (0) 20 7017 5511 Supported by Organised by A weather report isn’t enough In July 2000, Liberty Hardware Manufacturing Co. arranged to have a container of bathroom fixtures shipped from Guangzhou, China, to Greensboro, N.C., using the services of Zim Israel Navigation Co. Ltd., an ocean carrier. Upon arrival in Greensboro, 3,571 cartons of the cargo were found to be wet and damaged from exposure to freshwater, with rust forming on the fixtures. American Home Assurance Co., the insurer for Liberty Hardware, subsequently sued Zim Israel and the vessel involved in federal court. U.S. District Judge Peter K. Leisure wrote in his ruling that “neither party offers direct proof of precisely when and how the cargo was exposed to and damaged by freshwater. No one saw, for example, the cargo left exposed on a rainy day. Rather, each side offers evidence that the cargo was not damaged while in its own control, and infers that (it) must have been damaged while in the other party’s control.” The shipper’s insurer argued it had rained in Hong Kong while the container holding the cartons was being transferred from a barge to Zim Israel’s ship. Zim Israel countered that fresh water could not have accumulated on the barge used, and that the Shekou terminal in Hong Kong had no report of flooding. The carrier also cited testimony from a cargo surveyor who sealed himself in the container “and observed no holes or defects that would allow water to enter.” “The pivotal issue before the court … is whether the (shipper) delivered the cargo to (the carrier) in good condition,” Leisure wrote. “The moving party bears the burden of demonstrating that no genuine issue of fact exists. The movant’s burden will be satisfied if he can point to an absence of evidence to support the nonmoving party’s claim,” Leisure said. After that, “the burden shifts to the nonmoving party to offer specific evidence showing that a genuine issue for trial exists. The nonmoving party must do more than simply show that there is some metaphysical doubt as to material facts.” Leisure ruled that while the argument of Zim Israel and its ship that the cargo was not in its control when it got wet ”fits poorly within the burden-shifting scheme of the Carriage of Goods by Sea Act (COGSA) … (they) persuade the court that a reasonable jury could find them not liable to the plaintiff for the damaged cargo.” The court ruled in favor of the ocean carrier, finding that “a genuine issue of material fact remains as to whether plaintiff delivered the cargo in good condition.” [American Home Assurance Co., a/s/o, Liberty Hardware Manufacturing Co.; v. Zim Jamaica and Zim Israel Navigation Co. Ltd.; U.S. District Court for the Southern District of New York; docket number 01 Civ. 2854 (PKL). Date of ruling: Dec. 23] Paid freight is in the clear On March 7, 2003, Energy Transport Ltd. chartered the vessel San Sebastian pursuant to a charter party with Oilmar Co. Ltd, to ship cargo for which PT Cabot Indonesia was owner and consignee. The “freight” for the shipment — the compensation a shipowner is to receive for carrying the goods — was to be paid by Energy Transport to an agent, Odin Marine Inc., which would then transfer it at the prescribed time to Oilmar. Later, Energy Transport subchartered the vessel to an entity called Pacific Oil Inc., which had its own cargo aboard the ship. According to the subcharter, Pacific Oil 76 76AS04.indd 76 AMERICAN SHIPPER: APRIL would pay its freight directly to Odin Marine. On May 2, 2003, a fire and explosion aboard the San Sebastian damaged its cargo. On June 6, following terms of the subcharter, Pacific Oil paid $1.1 million in freight to Odin Marine, which held the money in a New York bank for eventual forwarding to Oilmar. After the explosion, Energy Transport sued the San Sebastian and its owners in federal court, alleging negligence and breach of contract. Energy Transport also asked the court to arrest the freight held in Odin Marine’s bank account, contending that Energy Transport was entitled to a maritime lien on such compensation. U.S. District Judge Jed S. Rakoff wrote in his ruling that “a shipper has a maritime lien on the vessel herself for damage to the shipper’s cargo. A charterer also has a lien against the vessel for breach of the charter party. But what about the freights due for shipment of cargo?” the judge asked. He noted that maritime law distinguishes between unpaid freight and paid freight. “Unpaid freights can, by an admittedly strained but historically recognized extension, still said to be part of a ship. Once freight is paid, it can no longer be viewed as part of the ship.” In the case at hand, Pacific Oil paid freight directly to Odin Marine, which held the money not for Energy Transport, but for purposes of forwarding the compensation to Oilmar. “In such circumstances, by no stretch of the imagination could the freight be viewed either as unpaid or as part of the ship,” Rakoff ruled, denying Energy Transport’s bid for a maritime lien. [Energy Transport Ltd., v. San Sebastian, et al.; U.S. District Court, Southern District of NewYork; docket number 03-Civ. 4193; Date of ruling: June 28, 2003] Insurer’s nightmare Fetasa Tijuana S.A. shipped 347 coils of galvanized steel from South Korea to Ensenada, Mexico, in late 2000. Three months after the shipment arrived on the Glorious Success, based on observed damage to the shipment, Fetasa’s insurer Breffka & Hehnke GmbH paid Fetasa $925,000 to cover the alleged loss. Then, in federal court, Breffka sued the vessel’s owner and operator, Hanseatic Maritime and Mitsui, and its time charterer, Pan Ocean Shipping. U.S. Magistrate Judge Michael F. Dolinger, ruling after repeated delayed dispositions, determined that “Fetasa had apparently engaged in a form of insurance fraud with Breffka as the immediate victim. While Fetasa was claiming a total loss of the cargo due to rust damage, and collecting accordingly from Breffka, it had filed a separate claim of nearly $400,000 with the manufacturer (of the coils) for partial loss of the same coils as a result of a manufacturing defect, and unbeknownst to Breffka, had collected $100,000 for that loss.” “It also appears that, just as Fetasa withheld coils from the manufacturer that contained rust damage in order to hide the marine claim, it followed the same procedure with the marine surveyors (from Breffka), that is, it withheld from them any coils showing a manufacturer’s defect,” Dolinger said. The court recommended that the insurer “be precluded from proving the amount of any reduction in the value of the cargo as of its receipt from the carrier” in any subsequent trial. “If one suspects that our decision is strong medicine, that is precisely what it is intended to be.” [Breffka & Hehnke GmbH & Co. KG, et al. v. Glorious Success, et al.; U.S. District Court, Southern District of New York; docket number: 01 Civ. 10599; Date of ruling: Nov. 24] 2004 3/18/04 2:08:13 PM Corporate Appointments (800) 876-6422, FAX (904) 791-8836, e-mail [email protected] Logistics Transplace Inc. The technology-based joint venture of six U.S. transport companies has appointed George Abernathy executive vice president of sales and marketing. Abernathy held positions of senior vice president at NTE and Clicklogistics, and vice president of sales and marketing at Logistics. com. Abernathy also held senior management positions at The Sabre Group, North American Van Lines, J.B. Hunt Transport and LinkMark International, a third-party logistics provider. Transplace was formed in 2000 through the merger of logistics business units of Covenant Transport Inc., J.B. Hunt Transport Services Inc., M.S. Carriers Inc., Swift Transportation Co. Inc., U.S. Xpress Enterprises Inc., and Werner Enterprises Inc. Forwarding CNF Inc. Gregory L. Quesnel, president and chief executive officer of the parent company of Con-Way Transportation Services and Menlo Worldwide, will retire July 6. Quesnel has worked with the company for 29 years, having been CEO since 1998. He will also resign his board of directors membership at CNF. He joined the company in 1975 in Portland, Ore. as director of financial accounting and was later promoted to executive positions in strategic planning and corporate finance and treasury operations. He became chief financial officer and later president and chief operating officer. In addition, Tom Madzy has been named chief information officer, responsible for overseeing the implementation of recent IT investments at SEKO Worldwide and SEKO Global Logistics Network. Madzy served 12 years as vice president of information technology for Associated Global Systems. Maritime CP Ships Frank Halliwell, chief operating officer, will succeed Ray Miles as chief executive officer of the Canadian-registered group in May. Miles, CEO since 1988, will become chairman of CP Ships, replacing Lord Weir. Halliwell joined Miles at Canada Maritime as his deputy in 1991. He was appointed executive vice president of CP Ships in 1995 and COO in 2001. Before joining CP Ships, he worked for Mercer Management Consultants and Barber Blue Sea. Ian Webber will continue as chief financial officer. Halliwell will be based mainly at Gatwick, along with Webber. CP Ships said most of the functions managed from its Tampa, Fla. office will remain there. Miles remains chairman of the Box Club, the forum of CEOs of container shipping lines, and of the Washington-based World Shipping Council. He is also a director of CP Ships (U.K.) Ltd. Crowley Maritime Corp. Alex Sweeney has been promoted to vice president and general manager of its energy and marine services business unit. Sweeney will be based in Seattle and report to Tom Crowley Jr., chairman, president and chief executive officer. He replaces Steve Peterson, who is leaving the company. Sweeney joined Crowley in 1980 and has more than 23 years experience in marine operations for Crowley on the U.S. East and West coasts. Most recently, he was vice president, Russian Far East operations. Wallenius Wilhelmsen Lines Christopher J. Connor will take over as president of the Americas region, effective in mid-summer. Connor will replace Jan Eyvin Wang, who has been named president of United European Car Carriers, a Wallenius Linesaffiliated short-sea operation based in Norway. Connor spent the last three years at Wallenius Wilhelmsen’s world headquarters in Lysaker, Norway, most recently as chief operating officer of the ocean services business unit. SEKO Global Logistics Network Stephen J. Russell has been named president of the network, which is modeled after SEKO Worldwide’s partner network in the United States. The global company includes SEKO Worldwide’s partner networks in North America, Puerto Rico, United Kingdom and more than 350 agents overseas. Russell, a 25-year industry veteran, served as senior vice president of global sales for EGL after the July 2000 merger with Circle International Group. He joined Circle in 1998 as executive vice president of global sales, and oversaw the integration of Alrod International into the company. He also founded the Hi-Tech Forwarders Network, which he headed from 1989 to 1998. HTFN is a consortium of international freight forwarders, airlines and third-party logistics companies. AMERICAN SHIPPER: APRIL 77_80AS04.indd 77 2004 77 3/18/04 2:36:59 PM Service Announcements (800) 874-6422, FAX (904) 791-8836, e-mail [email protected] TACA lines reaffirm westbound rate hikes Shipping lines of the Trans-Atlantic Rate Agreement have reaffirmed their plan to raise westbound rates $400 per 20-foot container and $500 per 40- or 45-foot box, effective April 1. In a statement, the conference said 2004 market conditions will be similar to those of 2003, and carriers are experiencing a “high level of forward bookings.” Europe/Scandinavia trade (excluding Japan) warned the April 1 rate restoration would be $150 per TEU minimum, but that “the final quantum will be decided nearer the time.” Member lines of the Far Eastern Freight Conference are ANL Containerlines, APL, CMA-CGM, Egyptian National Shipping Co., Hapag-Lloyd Container Line, Hyundai Merchant Marine, “K” Line, Maersk Sealand, Malaysia International Shipping Corp., Mitsui O.S.K. Lines, NYK, Norasia Container Lines, OOCL, P&O Nedlloyd and Yangming Marine Transport. COSCO adds Shanghai/Long Beach shuttle Med Shipping adds 4th Asia/Europe loop COSCO Container Lines has started a weekly transpacific shuttle service calling at only two ports — Shanghai and Long Beach. The “CLX” service differs from virtually all other transpacific services, which generally call four or more ports. The service has a round-voyage rotation of just 28 days, as compared to 35 or 42 days for most multiport transpacific loops. Transit time for the new service from Shanghai to Long Beach is 12 days, while the transit from Long Beach to Shanghai is 14 days. The four 1,700-TEU ships used in the service come from COSCO’s “China Southeast-CES” service, which ended. The change represents a saving of one ship, as the “CES” service had used five ships. The “CES” service also made calls at Oakland, Ningbo and Yokohama westbound. It is not known whether “K” Line and Hanjin Shipping, which had taken space on the “CES” service, will take slots on the new “CLX” service. In December, U.S. Lines started a similar transpacific shuttle service that calls at Shekou, Hong Kong and Long Beach, and employs five containerships. Mediterranean Shipping Co. has added a fourth weekly container service between ports in the Far East and northern Europe. The “Lion Service” employs nine 5,000-TEU vessels with a rotation of Busan, Shanghai, Xiamen, Hong Kong, Chiwan, Singapore, Antwerp, Hamburg, Bremerhaven, Antwerp, Singapore, Chiwan and Busan. Mediterranean Shipping said the new service will enable it to reshuffle its existing “Silk,” “Dragon” and “Tiger” services. The carrier launched an eight-ship “Tiger Service” connecting Asia with the Black Sea and the East Mediterranean region last October. The carrier is expected to announce soon the details of a future joint transpacific services with CMA CGM that will employ five new 8,000-TEU containership. The transpacific service is scheduled to start in the second half of this year. Yang Ming, ‘K’ Line, Hanjin add Pacific link Yang Ming, “K” Line and Hanjin Shipping will start an additional Asia/U.S. West Coast joint service April 14. The “PSW-4” Pacific service will employ five 2,850-TEU ships. Initially, the “PSW-4” service will have a port rotation of Qingdao, Shanghai, Pusan, Los Angeles, Oakland, Pusan, Kwangyang and Qingdao. However, Yang Ming said that, in view of the potential development of the Ningbo market, a single direct call at Ningbo will soon replace both the calls at Pusan. Ningbo will then be the last port of departure from Asia in the rotation of the service. COSCO Container Lines, the partner of the three Asian shipping lines in the “CKYH” alliance, will charter slots on the service. The CKHY alliance already provided the largest number of transpacific liner services among global alliances and major carrier groups. P&O Nedlloyd is leaving the weekly North Europe/East Mediterranean weekly “Southern Route” service it jointly operates with Hamburg Sud, Ellerman and Senator Lines in April. A spokesman for P&O Nedlloyd confirmed the carrier will continue to operate in this trade lane. The revised service will remain weekly using five ships. Hamburg Sud will instead operate four ships on the service rather than three, with Senator Lines providing the fifth ship. At the same time new calls at Tunis are being added to the port rotation, which will become Felixstowe, Hamburg, Antwerp, Tunis, Alexandria, Beirut, Lattakia, Mersin, Izmir, Salerno and back to Felixstowe. The vessel City of Tunis starts the revised service when it departs from Antwerp on April 27, arriving at Tunis on May 3. FEFC confirm westbound rate increase Norasia targets Asia/Med with extra link An announcement by NYK Line in Hong Kong confirms the Far Eastern Freight Conference’s April 1 westbound rate restoration will be an additional $150 per TEU for export shipments from Far East origins, including Hong Kong, Macau and China to North Europe, Mediterranean ports and Scandinavia. It was also said, “under the FEFC Westbound Interim Tariff, surcharge of $75 per TEU maintained apply to cargo to the United Kingdom,” and that “an add-on of $300 per unit is applicable on high cube containers in the above trade lanes.” In December a FEFC announcement covering the Asia to North Norasia Container Lines has joined the weekly Asia/Indian subcontinent/Mediterranean “ADR” operated by CMA CGM and Lloyd Triestino, marking the latest expansionary move in the Asia/Europe trade by the Hong Kong-based carrier. The addition of the service will increase to 12 the number of weekly services provided by Norasia from the Far East to the Mediterranean or northern Europe, according to ComPair Data, the global liner-shipping database. All of these services are operated under cooperative agreements with many other carriers, including CMA CGM, China Shipping, Evergreen, Hanjin Shipping, APL, 78 AMERICAN SHIPPER: 77_80AS04.indd 78 APRIL U.S. Lines goes weekly in transpacific Container shipping newcomer U.S. Lines, based in Sana Ana, Calif., has upgraded its fortnightly transpacific services to weekly, as originally planned. The service now uses five 1,600-TEU ships and calls Shekou, Hong Kong, Long Beach, Shekou and Hong Kong. P&O Nedlloyd to exit Europe/East Med link 2004 3/18/04 3:04:03 PM Hyundai Merchant Marine, MOL, Zim Israel Navigation Co., China Shipping Container Lines and COSCO Container Lines. Started in October, the ADR service uses seven ships of about 2,600 TEUs, with five ships provided by Lloyd Triestino and two by CMA CGM. The port rotation for the “ADR” service is Ningbo, Xiamen, Chiwan, Hong Kong, Tanjung Pelepas, Port Kelang, Colombo, Taranto, Trieste, Koper, Venice, Rijeka, Taranto, Port Said, Port Kelang, Singapore and back to Ningbo. Lloyd Triestino’s sister company Evergreen Marine also take space on this service. Norasia, a subsidiary of Compania Sud Americana de Vapores, has also recently started the Asia/Mediterranean/North Europe “AEX2” service, in cooperation with China Shipping and Zim, and a weekly westbound “Round-the-World” service, jointly with China Shipping, Zim and Gold Star Line. New U.S./India discussion agreement A new-style discussion agreement between ocean carriers may soon operate in the United States/Indian subcontinent transpacific trade, after a gap of about a year. Evergreen Marine Corp., Hapag-Lloyd, Nippon Yusen Kaisha (NYK) and P&O Nedlloyd have notified the U.S. Federal Maritime Commission that they are setting up a discussion agreement in the U.S./Indian subcontinent trade. The FMC said the agreement authorizes the carriers “to exchange information and discuss and reach voluntary agreement on (a) variety of commercial issues” in the trade. The geographic scope of the agreement is from ports and points in India, Pakistan, Bangladesh and Sri Lanka to all ports and points in the United States. The agreement, filed with the FMC, can be blocked by the agency on competition grounds. Another carrier group, called Indamex, is also believed to operate as a discussion agreement in the U.S./Indian subcontinent trade. The Indamex carriers are Contship Containerlines, CMA CGM and the Shipping Corporation of India. The U.S./India trade used to be part of the geographic scope of the Transpacific Stabilization Agreement, a carrier group to which Evergreen, Hapag-Lloyd, NYK and P&O Nedlloyd belong. However, the TSA and the FMC reached a settlement last year to remove the Indian subcontinent from the scope of the TSA agreement. The settlement followed a high-profile investigation by the FMC into alleged service contract malpractices in the transpacific. New Africa/South America direct link The A.P. Moller-Maersk group’s two liner-shipping subsidiaries, Maersk Sealand and Safmarine, have jointly launched an unusual container service connecting ports on the East Coast of South America and in West Africa without the need for transshipment. The fortnightly service uses three 1,700TEU vessels, each fitted with more than 200 reefer plugs. The port rotation is Walvis Bay, Lobito, Luanda, Pointe Noire, Libreville, Apapa, and Abidjan in West Africa; and Itajai, Buenos Aires, Montevideo and Rio Grande in South America, returning to Walvis Bay. Additional West African ports served by feeders will include Tincan Island, Tema and Douala (via Abidjan); Cotonou and Lome (via Walvis Bay); and Matadi (via Pointe Noire). Maersk Sealand markets the service under the name “Sawa Direct” and Safmarine calls it “Wasadi.” Safmarine said the service has been introduced in response to the growing trade between the two regions. The Belgium-based carrier sees significant potential for growth in this trade, particularly with regard to refrigerated shipments. CaroTrans expands South Africa service CaroTrans International has expanded its South African service by adding a direct port calls to Port Elizabeth. The Union, N.J.-based non-vessel-operating common carrier hopes to take advantage of South Africa’s emerging auto industry and other industrial sectors. CaroTrans works with agent World Groupage Services in Port Elizabeth. CaroTrans offers a bi-weekly service to Port Elizabeth and a weekly direct service to Durban, Cape Town and Johannesburg. Internet Index of Advertisers Check out these locations on the World Wide Web American Shipper www.American Shipper.com ComPair Data www.compairdata.com A.N. Deringer www.anderinger.com Alabama State Port Authority www.asdd.com American Airlines Cargo www.aacargo.com Americas Systems LLC www.AmericaSys.com Atlantic Container Line www.ACLcargo.com Avalon Risk Management www.avalonrisk.com Canada Maritime www.canadamaritime.com China Ocean Shipping Co. wwwcoscon.com China Shipping Container Lines Co. www.chinashippingna.com CSX World Terminals www.csxworldterminals.com E.J. Brooks www.ejbrooks.com Emirates Sky Cargo www.sky-cargo.com Evergreen America Corp. www.evergreen-america.com FedEx Trade Network www.ftn.fedex.com Freightgate www.freightgate.com Hamburg Sud www.columbusline.com IES Ltd. www.iesltd.com Intermarine Inc. www.intermarineusa.com Jacksonville Port Authority www.jaxport.com Lloyd Triestino www.lloydtriestino.it Maersk Sealand www.maersksealand.dk Manzanillo International Terminal www.mitpan.com Mediterranean Shipping Co. USA Inc. www.mscgva.ch NAFTA Transportation Conference and Exhibition www.kcsmartport.com P&O Nedlloyd (USA) www.ponl.com Port Authority of New York and New Jersey www.portnynj.com Port Everglades Authority www.co.broward.fl.us/port.htm Port of Pascagoula www.portofpascagoula.com Port of Portland www.portofportlandor.com Sea Star Line www.seastarline.com Seaboard Marine Inc. www.seaboardmarine.com South Carolina State Ports Authority www.port-of-charleston.com SSA Marine www.ssamarine.com Swiss World Cargo www.swissworldcargo.com TOC 2004 Europe www.toc-events.com United Shipping www.unitedshipping.com Virginia Ports Authority www.vaports.com Western Fumigation www.westernfumigation.com AMERICAN SHIPPER: APRIL 77_80AS04.indd 79 2004 79 3/18/04 4:16:24 PM Security rating criteria in shipping Shipping and product sourcing decisions are getting harder to make, as governments prepare to tighten their controls on shipments made from unsecure ports or countries. Shippers and buyers of internationally traded goods already had to weigh factors like transport costs, delivery times, the speed of customs procedures in the countries of origin and destination, the risk of theft during cargo transit, product manufacturing cost and landed cost, and the reliability of suppliers. Now, the latest additional criteria are security levels in the overseas country’s ports, how the customs administration in the country of destination treats cargoes from a particular port or country of origin, and the overall security of the supply chain. Christopher Koch, president and chief executive officer of the World Shipping Council, the Washington-based group representing liner carriers, warned that shippers should expect consequences to cargo that passes through non-security-compliant port facilities after July 1 (see story, page 70). It is no secret cargoes imported to the United States from countries like Indonesia are already subject to additional inspections and checks. But if ports in Indonesia or other countries fail to meet the July 1 deadline for implementation of International Ship and Port Facility Security (ISPS) code of the International Maritime Organization, you can expect further customs delays. This is bad news for developing countries that do not have the means to implement the required security procedures in their ports, particularly if they harbor terrorist groups. Whether poor countries with no terrorism links will suffer from the increased port security requirements is not clear. But countries where terrorist organizations are known to operate, like Indonesia, Yemen and Morocco, are bound to suffer a further marginalization in international trade. Just look at the problems faced by the container transshipment hub of Aden, in Yemen. After terrorists attacked the tanker Limburg off the coast of Yemen in 2002, container shipping lines pulled out of the port of Aden and moved to more secure ports. One reason was believed to be the increased cost of insuring their ships against potential attacks. Product buyers and companies that consider where to set up factories already use ratings on country risks produced by specialized agencies. The same approach, measuring security compliance in transport, including ports, could apply in logistics and shipping, with the resulting incentive to do business with secure countries. 80 AMERICAN SHIPPER: 77_80AS04.indd 80 APRIL 2004 3/18/04 2:38:11 PM LT_Ad_Places_AmShp.qxd 3/10/04 11:10 AM Page 1 Going to more places, more often...as requested. In response to strong customer areas and we have launched new We like to talk to our customers and demand, Lloyd Triestino is expanding services, notably on the transpacific, we believe in listening too.Based on its global network. New services have linking China and North America, feedback, we are today researching been launched and new ports have and between China and Europe. further new services so that we can been added to our global network. Most recently, we have improved serve our customers better. Lloyd Triestino was re-launched our coverage of the eastern For more information on Lloyd onto the world shipping scene just Mediterranean and Black Sea, we Triestino services, please check five years ago and since then, our have our website, or simply call our progress has been remarkable. coastal feeder services and we Customer support has encouraged have re-entered the Mediterranean us to investigate new trading - U.S. market. inaugurated European local agent. www.lloydtriestino.com Lloyd Triestino Since 1836 MAERSK_AmrcnShpr.qxd 2/2/04 12:25 PM Page 1 Maersk Sealand now offers you the fastest transit from the Middle East & Indian Subcontinent Maersk Sealand’s new and improved MECL service offers direct, non-stop transport from the Middle East and Indian Subcontinent to the U.S. East Coast – featuring the trade’s fastest transits: • India to Charleston in just 18 days • Pakistan to Charleston in just 20 days Sourcing your goods from the Middle East and Indian Subcontinent has never been quicker or easier! Contact your local Maersk Sealand Sales Representative to find out how you can take advantage of the quickest routes from the Middle East and Indian Subcontinent. maersksealand.com