TOPICS
TOPICS
Lawmakers call for trial run of new cargo security rule
A bipartisan group of House lawmakers want the Homeland Security Department to delay a cargo security rule from taking effect, saying it would likely disrupt the balance between security and commerce.
The department's Customs and Border Protection unit drafted the new rule in response to a major port security law enacted in 2006, when Republicans controlled the body.
The rule would require importers to submit 10 new categories of data on cargo containers before they are shipped to the United States by sea. Customs could put the rule into effect as early as November.
But in a letter to Homeland Security Secretary Michael Chertoff and CBP Commissioner Ralph Basham, the lawmakers say Customs should do a test program with a small group of importers to see what impact the rule will have before it goes into effect worldwide. They said the rule could create delays in the import supply chain.
"These delays undermine the agency's trade facilitation objective," says the letter, spearheaded by Rep. Earl Blumenauer, D-Ore., and signed by 19 other lawmakers, several of whom serve on the Ways and Means Committee.
The letter comes after an intense lobbying effort to delay the rule by the nation's largest business and trade associations, including the National Association of Manufacturers and the Telecommunications Industry Association. The groups specifically targeted their lobbying effort at the Ways and Means Committee. They estimate the rule could cost industry $20 billion, which they say are costs that will likely be passed on to U.S. consumers.
"Department of Homeland Security Secretary Chertoff needs to step back and take a hard look at this rule," NAM President John Engler said in a statement Wednesday. "It could have a serious impact on our economy and national security." He added: "A prototype program is the best method for evaluating the impact of the proposed rule on national security and trade facilitation and for identifying ways to improve the rule before the government and industry invest billions of dollars to comply."
The lawmakers said estimates vary on how much delay in commerce the proposed rule might create. "CBP estimates a 24-hour delay for the first year, dropped to a 12-hour delay thereafter," they wrote Chertoff. "The business community, however, has documented that applying the rule in real time to company supply chains will delay cargo by 2-5 days depending on the complexity of the supply chain."
They said they believe the rule would have a negative impact on importers' supply chains, many of which rely on just-in-time deliveries. Shipping delays would increase the possibility that cargo containers could be tampered with if forced to sit at foreign ports, the lawmakers said. "In light of these reasonable concerns, we suggest that Customs consider enacting a real time pilot program with a small but diverse group of volunteer importers before full scale implementation of the rule," they wrote. Customs did not respond to requests for comment.
COMMENTS
- The DoD imports and exports over 35,000 containers every day - all over the world to & from their various depots and military sites. This is accomplished w/extraordinary accuracy and speed and supplies very accurate tracking and visibility into what is being shipped. All done with current RFID and IUID technology. International standards of identification and tracking have been developed and also being deployed in B2B applications worldwide using the standards promulgated by the ISO; GS1 and EPCglobal, U.S.. Highly successful "trials" have already been completed and international standards governing the myriad of RFID International Regulations have already been negotiated. This glaring weakness in our import/export regulations is one of the most threatening to our freedom of doing business. What is the alternative? Stop all international imports/exports as the extreme? Or do we implement an already mature and cost-effective way to protect our borders - coming and going! Ed Rose Posted September 23, 2008 8:14 AM
- "Deja vu, all over again", to quote the immortal Yogi Berra! I spent hundreds of hours expediting OK cargo into a large, East Coast airport so that I could find the 'contraband'. No well-trained senior officer would waste time on low-level shipments. But to rubber-stamp all shipments w/out any selectivity is wrong. DHS/CBP has apparently resulted in the demise of the Customs Service, in favor of INS dominance. Wrong, wrong, wrong! "Unrestrained capitalism is unrestrained evil"... US Customs Senior Inspector (Retired) Posted August 12, 2008 9:42 PM
- The focus on facilitation of trade has negatively affected CBP enforcement attempts and has unfortunately taken presidence to the more vital function of preventing weapons of mass destruction, drugs and other clandestinely-imported merchandise from entering the commerce. At what cost do we facilitate trade? With the already limited window of time CBP is given to stop a shipment from being released to the importer, holding freight for 24-48 hours would be a step in the right direction. It gives CBP more time to review the documentation and perform an examination of the freight. That's how it used to be in the old days anyway. Freight was held until it was determined that it wasn't high risk and was permitted to enter the country. Unfortunately, Congress has bent to the pressures of the importers and expedited the trade process subsequently creating greater national security vulnerabilities. Now, immediate release is expected...and when there's even the slightest delay, it becomes an issue. This mandatory reporting requirement was a step in the right direction, but alas it seems the effort to increase the nation's security is being thwarted by the very body sworn to represent it. Good job Blumenauer and the others who signed on to this ridiculous opposition. I assume the monetary contributions these companies are making to your re-election campaigns are substantial enough to justify your lack of concern for our border security issues. I only hope that the American public is made aware of what you have attempted to do here and its potential consequences, and that they remember it come the next election. Concerned Party Posted August 8, 2008 9:39 AM
