Subscribe to our free, weekly email newsletter!


Global logistics: NCBFAA objects to pending new legislation on trade

By Patrick Burnson, Executive Editor
July 13, 2010

In a letter to House Ways and Means Committee Chairman Sander Levin and Ranking Member Dave Camp, National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) President Jeffrey Coppersmith urged them to exercise their Committee’s jurisdiction over the Foreign Manufacturer Legal Accountability Act and conduct a review to evaluate its impact on trade.

This proposal, H.R. 4678, requires foreign manufacturers whose products are sold in the U.S. to designate a registered agent for service of process in U.S. courts. Without a registered agent, the foreign manufacturer’s products would be prohibited entry into the U.S.

“When our foreign trading partners reciprocate with their own ‘registered agent’ provision, as they are likely to do, it will be very difficult and expensive for small and medium-sized companies to maintain registered agents in all the foreign markets to which they export,” said Coppersmith. “An even greater disincentive will be the exposure to litigation in these countries whose legal systems may not have safeguards and transparency as do our own.”?

In the NCBFAA’s view, it is unlikely that a foreign court would even enforce a U.S. court judgment against the foreign manufacturer making it impossible for H.R. 4678 to even realize its stated goal of holding foreign manufacturers accountable. Instead, President Coppersmith recommends relying on mechanisms already in place to address this concern.

“The legislation overlooks the fact that Customs and Border Protection (CBP), the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), among other agencies, already have broad powers to seize, detain or refuse entry to defective or tainted products,” he noted. “U.S. importers are responsible to these and other agencies for the products they bring into the U.S. and are subject to potentially severe penalties for failure to comply with U.S.”

About the Author

image
Patrick Burnson
Executive Editor

Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review magazines and web sites. Patrick is a widely-published writer and editor who has spent most of his career covering international trade, global logistics, and supply chain management. He lives and works in San Francisco, providing readers with a Pacific Rim perspective on industry trends and forecasts. You can reach him directly at .(JavaScript must be enabled to view this email address).


Subscribe to Logistics Management magazine

Subscribe today. It's FREE!
Get timely insider information that you can use to better manage your
entire logistics operation.
Start your FREE subscription today!

Recent Entries

Now that the deal, which had to clear several regulatory hurdles in multiple countries, is official, FedEx executives were able to speak a little bit more freely, albeit being somewhat guarded in regards to certain integration specifics at the same time.

As the July 1st date for complete compliance looms, shippers are seeking help to cope with the mandatory changes instituted by the International Maritime Organization (IMO) to the Safety of Life at Sea Convention (SOLAS).

As of July 1, only containers with a verified gross mass will be cleared to be loaded onto a ship under the International Maritime Organization’s Safety of Life at Sea (SOLAS) Verified Gross Mass (VGM) amendment. Shippers hoping that the implementation of the ruling will be delayed or deferred are whistling in the dark, say industry analysts.

Amid the many worrisome economic indicators kicking around of late, something along the lines of good news came about this week in the form of United States new home sales data, issued by the United States Department of Commerce this week.

In March, the SCI came in at 0.4, which FTR described as “a near neutral reading” on the heels of four months of more favorable market trends for shippers.

Article Topics

News · All topics

Comments

Post a comment
Commenting is not available in this channel entry.


© Copyright 2016 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA