Miscellaneous International Trade Notices

1. Supreme Court Affirms Distinction Between NVOCC and Forwarder

According to Blust, the court held that a downstream carrier is protected from lawsuit by the proprietary shipper under the COGSA liability limitations in the bill of lading the carrier issued to an NVOCC. Blust states that the case is significant because it confirms that an NVOCC is not an agent for its shipper, but instead is a common carrier and a principal in its own right. (Blust speech (dated 11/1704, available at http://www.fmc.gov/Speeches/Blust/Blust%20-%20Propeller%20Club%20Remarks%2011-17.htm )

2. DHS Extends Comment Deadline for Interim Rule on US-VISIT

The Department of Homeland Security (DHS) has issued an extension of the comment period for an interim rule published on August 31, 2004 which extended the U.S. Visitor and Immigrant Status Indicator Technology System (US-VISIT) program to include persons traveling without visas under the Visa Waiver Program, expanded US-VISIT to the 50 most highly trafficked land border ports of entry, and made several other minor changes to the program. According to DHS, the comment period is now extended to December 1, 2004 (from November 1, 2004). (DHS 2007-0002, FR Pub 11/05/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24811.pdf)

3. ITC Issues Notice of Change for Certain Internal AD/CV Procedures

The International Trade Commission (ITC) has issued a notice announcing that after considering public comments received in response to a December 2002 solicitation for comments on ways to improve its conduct of antidumping (AD) and countervailing (CV) investigations, it has made some changes to its internal procedures which do not require amendment to its rules. The proceedings which have been amended include preliminary phase of AD/CV investigations, final phase of AD/CV investigations, questionnaires, and staff reports. (FR Pub 11/05/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24703.pdf)

4. USTR Extends Comment Period on Enhancing Transatlantic Economic Relationship

The Office of the U.S. Trade Representative (USTR) has issued a notice announcing that in light of the fact that further public dialogue sessions are being organized for later this year, the deadline for submission of written comments on ideas for deepening transatlantic economic ties has been extended to December 31, 2004 (from November 15, 2004). (See ITT's Online Archives or 08/18/04 news, 04081899 3, for BP summary of the USTR's original solicitation of comments on enhancing the transatlantic economic relationship.)(FR Pub 11/09/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24948.pdf)

5. FMC Lists Applicants for OTI Licenses

The Federal Maritime Commission (FMC) has issued a notice stating that the following companies have filed applications for license as non-vessel-operating common carrier-ocean (NVOCC), ocean freight forwarder (FF) or NVOCC/FF ocean transportation intermediaries (OTIs):

NVOCC-OTIs

AS-AV Uluslararasi Nakliyat Ve Ticaret Limited Sirketi (Turkey)

Newport Logistics, Inc. (IL)

Waterline Pakistan (PVT) Ltd. (Pakistan)

NVOCC/FF-OTIs

Jauser Cargo Corporation (FL)

Fun N' Stuff International USA, Inc., dba Air Ocean Land Transport Logistics Inc.

(CA)

Global Shipping Services, LLC (NJ)

Asiapac Forwarding & Supply Chain Management dba Baobao Shipping (CA)

VIN Worldwide Transport, LLC dba Vinship Lines (NJ)

SW Logistics Inc. (CA)

FF-OTIs

Commonwealth Travel & Shipping (TX)

(FMC notice (FR Pub 10/06/04) available at: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22520.pdf )

1. FMC Revokes OTI Licenses

The Federal Maritime Commission (FMC) has announced that it has revoked the following ocean transportation intermediary (OTI) licenses, effective on the corresponding dates shown below:

(FMC notice (FR Pub 10/06/04) available at: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-22519.pdf )

7. FMC Lists Applicants for OTI Licenses

The Federal Maritime Commission (FMC) has issued a notice stating that the following companies have filed applications for license as non-vessel-operating common carrier-ocean (NVOCC), ocean freight forwarder (FF) or NVOCC/FF ocean transportation intermediaries (OTIs):

NVOCC-OTIs

Starlink Consolidation Service, Inc. (CA)

First Choice International Travel and Cargo (CA)

Global Alliance Logistics (NYC) Inc. (NY)

Convenient Freight System, Inc. (CA)

J.F. International Logistics, Inc. (FL)

Sunway Express, Inc. (CA)

Mateo Shipping, Corp. (NY)

NVOCC/FF-OTIs

Star Freight Solutions, Inc. (CA)

MLR Exports Inc. dba MLR Export Consolidations Inc. (FL)

(FMC notice (FR Pub 11/03/04) available at: http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-24545.pdf )