SIGNALS™ provides detailed information on the regulations and activities of the US Federal Maritime Commission (FMC), and related developments in the ocean freight industry. For past issues, please consult our index.
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FMC Revokes License of Transporte Medrano, Inc. D/B/A Medrano Express

The Federal Maritime Commission (FMC) has revoked the ocean transportation intermediary (OTI) license of Transporte Medrano, Inc. d/b/a Medrano Express’ (Medrano Express) of 134 North Franklin Street, Hempstead, NY 11550. Medrano Express is no longer authorized to provide ocean transportation services. Consumers and businesses should not tender cargo to Medrano Express or its agents for the international shipment of goods.

Transporte Medrano Inc. was licensed by the FMC as an OTI and authorized to operate as an NVOCC in October 2003. Its license application at that time listed Jorge A. Medrano, President and FMC Qualifying Individual, and Telma Ayala, Vice President. It held FMC-OTI license number 018716N until this license was revoked by the Commission on July 25, 2013 because it failed to maintain a valid surety bond.

The Commission reports receiving complaints that shippers are unable to reach Medrano Express or locate their goods. At this time, the FMC encourages these shippers file claims for compensation with the surety who underwrote the NVOCC bond for Medrano Express, and it can provide assistance in this regard. The Commission’s Office of Consumer Affairs and Dispute Resolution Services (CADRS) is also working to help shippers locate their cargo and where possible, assist with the release and/or delivery of cargo. Written requests to CADRS for assistance should include a copy of the invoice received from Medrano Express and your contact information. For more guidance, contact complaints@fmc.gov or phone CADRS on 1-202-275-0059.

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Docket 13-06: FMC Amends its Rules of Practice and Procedure

Effective July 29, 2013, the Commission’s Rules of Practice and Procedure, 46 CFR Part 502, were amended to provide to update, clarify, and reduce the burden on parties to proceedings before the Commission. These rules govern procedures before the Commission. The rules are in place to secure just, speedy, and inexpensive resolution of proceedings before the Commission. Docket 13-06 finalized several amendments to these rules.

The Commission has been conducting an ongoing process of reviewing its rules of practice and revising those that are outdated, unclear, or unduly burdensome. This effort resulted in revision to Subpart A, which provide general information on the rules, in order to modernize and clarify general filing requirements effective February 24, 2011. Amendments to Subparts E and L, which pertain to proceedings, pleadings, motions, and replies and to disclosures and discovery, respectively, were revised as of November 12, 2012. As part of this continuing process, the Commission determined to amend Subparts B, C, and D, which pertain to appearance and practice before the commission, parties, and rulemaking, respectively. The amendments effective July 29, 2013 transfer certain rules from one subpart to another without change in substance to better reflect the subject matter addressed by existing subparts. The amendments also include revisions for purposes of clarification, modernization, or to reflect current practice, technical, non-substantive changes to effect renumbering and removal of rules, as well as correction of some typographical errors in the former rules.

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Transpacific EB Carriers Adjust Fuel Charges and CAF Effective October 1, 2013

Carrier members of the Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223 serving the East Asia/USA trade lanes, will adjust bunker surcharges, inland fuel charges, and currency adjustment factors effective October 1, 2013 thru December 31, 2013.

The TSA's New Formula Bunker Adjustment Factor (BAF) for the October to December 2013 quarter, which includes the low-sulfur fuel component, is increased to USD 530 per 40ft container (FEU) on shipments to U.S. West Coast Ports and decreased to USD 975 per FEU on shipments to U.S. East and Gulf Coast Ports, with other sizes as per the formula. The new BAF to IPI/MLB destinations moving via the U.S. West Coast is decreased to USD 883 per FEU. This IPI/MLB BAF includes the Inland Fuel Surcharge (IFC) component. The Currency Adjustment Factor (CAF) on shipments from Japan will be reduced from 13% to 12%.

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TSA Westbound Carriers Update Surcharges Effective 01Oct2013 thru 31Dec2013

Members of the Transpacific Stabilization Agreement Westbound (TSA), FMC Agreement No. 011223, whose member carriers serve the USA/East Asia trade lanes, will adjust bunker surcharges, inland fuel charges and currency adjustment factors effective October 1, 2013 thru December 31, 2013.

TSA Westbound Bunker Adjustment Factors (BAF) for the October-December 2013 quarter, which includes the low-sulfur fuel component, will be USD 566 per 20ft dry container, USD 708 per 40ft/45ft dry container, and USD 989 per 40ft/45ft reefer container for shipments from and via U.S. West Coast Ports. BAF for shipments from or via U.S. East/Gulf Coast Ports will be USD 1074 per 20ft dry container, USD 1342 per 40ft/45ft dry container, and USD 1778 per 40ft/45ft reefer container. The Inland Fuel Charges (IFC) for the same period will be USD 353 per container for rail and intermodal rail/truck shipments and USD 102 per container for local/regional truck shipments. The Currency Adjustment Factor (CAF) will remain at 6% for Taiwan and will be reduced from 21% to 20% for Singapore.

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TSA Westbound GRI Postponed for Most Carriers, TSA EB GRI Became Effective Sep 1

Several members of the Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223 serving the USA/East Asia trade lanes, have delayed implementation of General Rate Increases (GRI). In July and August, many of the TSA member carriers filed rules in their FMC tariffs to implement a GRI effective September 2013. Evergreen Line, CMA CGM, APL, Yang Ming Marine, and OOCL have now postponed the effective date of their GRI to October 1, 2013 for USD 100 per FEU. For Hyundai Merchant Marine, the GRI was filed in July and became effective 01Sep2013. "K" Line filed a GRI, which is scheduled to become effective September 15. TSA Westbound executive administrator Brian M. Conrad explains that these rate increases are necessary because "rates have drifted down even more than usual during the typical summer slack period, to unsustainable levels. Not only are we headed into the busiest time of year for the trade, but we are also seeing signs in the market that U.S. exports to Asia are poised for recovery in coming months."

In the eastbound trade lane from Asia to the USA several member carriers of the Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223 serving the East Asia/USA trade lanes, implemented a GRI effective September 1, 2013, for USD 400 per FEU to the U.S. West Coast and USD 600 per FEU to all other U.S. destinations. A Peak Season Surcharge (PSS) filed by several TSA member carriers became effective in August 2013. However, some carriers, including Hanjin Shipping, delayed the effective date of their PSS for shipment from Japan until September 1. OOCL postponed implementation of its PSS until October 1, 2013.

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