The Federal Maritime Commission is asking for public comments on an information collection related to ocean common carriers that are subject to the FMC’s regulations. The notice said controlled carriers must ensure that they don’t maintain rates or charges in their tariffs and service contracts “that are below a level that is just and reasonable; nor establish, maintain, or enforce unjust or unreasonable classifications, rules, or regulations in those tariffs or service contracts that result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level.” Public comments are due Oct. 22.
Tariff classification rulings
The Commerce Department’s spring 2024 regulatory agenda for the Bureau of Industry and Security features a range of upcoming rules that could update and expand U.S. export control regulations, including new controls on the activities of U.S. persons in support of foreign military and intelligence agencies, revised regulatory language to address “diversion concerns,” new multilateral restrictions on emerging technologies and broader license requirements for Pakistan.
The Council of the EU on March 19 approved reform efforts for the EU Court of Justice, transferring jurisdiction of various issues to the EU General Court. The council must now approve amendments to both courts' rules of procedure before the changes take effect.
Maersk violated the Shipping Act by failing to keep its "automated tariff system" open for public inspection, shipper OL USA said in a complaint filed with the Federal Maritime Commission on Feb. 14. The shipper accused Maersk of being "deceptive" and its tariff platform of lacking "functionality," adding that it was "unable to verify Maersk’s representations regarding the substance of its tariffs."
The World Customs Organization is considering changes to the tariff nomenclature that underlies the Harmonized Tariff Schedule of the U.S. and over 200 other country tariff schedules around the world to potentially make classification easier and allow for more detail and accuracy in the identification of goods.
Dependable Highway Express charged an importer detention and demurrage on behalf of Mediterranean Shipping Co. after the ocean carrier had waived the charge, importer ICL USA said in a complaint to the Federal Maritime Commission. DHE also assessed ICL a 10% surcharge on the fees, in violation of its contractual role as a trucker.
As U.S. chip and technology companies continue to grapple with the U.S’s latest export restrictions on China (see 2211010042), a number of firms fear the controls will hurt their sales and exacerbate uncertainty in the semiconductor sector and the industry’s supply chains. In filings with the Securities & Exchange Commission this month, at least one firm projected revenue losses while others said they are still assessing the impact of the complex controls and whether they can secure export licenses.
The Commerce Department published its fall 2021 regulatory agenda for the Bureau of Industry and Security, including a new mention of an export control rule for crime-control items and a rule that would reorganize provisions of the foreign direct product rule in federal regulations.
The Commerce Department published its fall 2020 regulatory agenda for the Bureau of Industry and Security, including new mentions of rules to amend Hong Kong under the Export Administration Regulations, releases of controlled technologies to standards setting bodies and a range of new technology controls.
The U.S. and Ecuador signed a phase one trade agreement that goes beyond the World Trade Organization's Trade Facilitation Agreement with requirements for online publication of customs information and customs brokers requirements; duties and fees; electronic submission of customs declaration and phytosanitary certificates; a single window for import and export; and advanced rulings that cover classification, valuation, origin, and application of quotas. Ecuador also agreed to no penalties on minor errors, unless they're part of a consistent pattern, and a procedure to correct errors without penalties.