Archive for News – Page 3

Leveling the Playing Field

The Americans for Free Trade coalition is a broad alliance of American businesses, trade organizations, and workers united against tariffs. We appreciate the work that the Select Committee on the CCP is undertaking to highlight and address the ongoing economic and national security risks posed by the Chinese Communist Party. We believe it is important to provide Committee members with additional perspective about how the punitive Section 301 tariffs on Chinese products continue to impact U.S. businesses, workers and consumers. We believe this is especially urgent after the Committee’s most recent hearing – Leveling the Playing Field: How to Counter the Chinese Communist Party’s Economic Aggression during which it was suggested that the Section 301 tariffs have been beneficial to the U.S. economy, businesses, and workers and that they should remain in place or even be increased. For the reasons described below, we strongly disagree.

Click here to read the letter.

Request CPKC’s to Change Tariff Insurance Requirements to at least 60 more days, not June 1.

Our concerns with CPKC’s changes to tariff requirements for shippers of Toxic Inhalation Hazard (TIH)/Poison Inhalation Hazard (PIH) materials on the former KCSR network. Our respective organizations represent major CPKC customers that both ship and receive TIH/PIH materials. To prevent potential disruptions in critical supply chains, we urge you to delay the June 1, 2023, effective date for these tariff requirements by at least 60 days. In an April 17, 2023, notice to shippers of TIH/PIH commodities on the KCSR network, CPKC announced revisions to KCSR Rules Publications 9011-G and 9012 that will become effective June 1. These changes include a requirement for each TIH/PIH customer to take out and maintain a $100 million Commercial General Liability Insurance Policy and to fully indemnify the railroad for any incident that does not arise from the railroad’s negligence or willful misconduct.

Click here to read the letter.

NITL Supports FMC Oversight Over Rail Storage Fees Assessed as Part of International Ocean Through Transportation

NITL attended the May 11, 2023, meeting of the FMC’s National Shipper Advisory Committee (NSAC) where public participation and comment was requested, among other matters, on the NCAS proposed resolution regarding rail storage charges assessed on containers moving in international commerce.  NITL supports the NCAS proposal which asks the FMC to address rail storage charges in its pending rulemaking in Docket No. FMC-2022-0066-0090, Demurrage and Detention Billing Requirements. Specifically, NITL supports expanding the definition of demurrage to include railroad storage charges that are assessed as part of through transportation under ocean bills of lading and requiring ocean carriers to be the billing party for such charges. This proposal would ensure that rail storage charges assessed on intermodal shipments moving in international commerce are subject to FMC oversight and the OSRA22 requirements.

Click here to read the press release.

NITL Signs Onto West Coast Port Letter to Administration to Get Involved

NITL joins over two hundred organizations that represent millions of businesses and employees, regarding the ongoing West Coast port labor negotiations between the International Longshore and Warehouse Union and the Pacific Maritime Association. The labor contract has now been expired for over eight months. Negotiations have been ongoing for over ten months, with little to no progress towards a new long-term agreement. It is imperative that the administration work with the parties to quickly reach a new agreement and ensure there is no disruption to port operations and cargo fluidity.

Click here to read the letter.

STB Decision Approving CP/KCS Rail Merger

On March 15, 2023, the Surface Transportation Board (“STB” or “Board”) issued a decision in FD No. 36500 that approves the merger of Canadian Pacific Railroad (“CP”) with the Kansas City Southern Railway (“KCS”) (collectively “Applicants”). The STB’s approval is subject to multiple conditions to address anti-competitive concerns, capacity concerns, potential service disruptions, environmental issues, and various other concerns specific to individual stakeholders. The STB also denied competing applications filed by Canadian National, Norfolk Southern, and CSX requesting divestiture of certain KCS lines. The STB’s decision takes effect on April 14, 2023.

This memorandum summarizes the Board’s decision with a focus upon those issues that were of primary concern to the Joint Associations, which included the American Chemistry Council (“ACC”), The Fertilizer Institute (“TFI”), and The National Industrial Transportation League (“NITL”). It also includes a list of all conditions imposed by the Board.

Click here to read the memorandum.

NITL Signs Onto Letter sent by Americans for Free Trade Coalition to The Honorable Katherine Tai United States Trade Representative

While we support efforts to hold China accountable for its acts, policies, and practices regarding intellectual property rights theft, forced technology transfers, and innovation, we do not believe tariffs are an effective approach to eliminating these measures and changing China’s behavior. For the last four years, we have raised concerns that imposing tariffs would have little positive impact on Chinese behavior and disproportionate negative economic impacts on American businesses, workers, and consumers. Unfortunately, that concern has become a reality.

Click here to read the letter.

NITL STB Final Rate Cases Comments EP765

The American Chemistry Council, Corn Refiners Association, National Grain and Feed Association,1 The Chlorine Institute, The Fertilizer Institute, and The National Industrial Transportation League (“Coalition Associations”) file this reply to Joint Carriers’2 petition for stay of the Board’s decision that the final rules for the voluntary arbitration of rail rate cases adopted in the Board’s December 19, 2022, decision in this proceeding (“Final Rule”) will not become effective unless all Class I rail carriers volunteer to opt-in to the arbitration process (the “Arbitration Election”). Coalition Associations do not object to a stay of the Arbitration Election until 30 days after the Board decides all petitions for reconsideration of the Final Rule.

But Coalition Associations oppose a stay during any judicial appeals of the Final Rule because Joint Carriers have failed to satisfy the standard for obtaining that stay. Thus, to the extent Joint Carriers are seeking a stay of the Arbitration Election during any appeal of the Final Rule, the petition for stay should be denied.

Click here to read the comments.

NITL Submits Comments on the DOL Independent Contractors Rulemaking

NITL strongly opposes this proposal and, instead, supports the comments submitted by the American Trucking Associations (ATA).

Click here to read the letter.

NITL FMC Comments On Demurrage and Detention

The National Industrial Transportation League (“NITL” or the “League”) hereby submits these comments addressing the issues raised in the Federal Maritime Commission’s (“FMC” or “Commission”) rulemaking published in the Federal Register on October 14, 2022, concerning demurrage and detention billing requirements.

Click here to read the comments.

NITL Submits Strong Comments to STB on Ocean Carriers Unreasonable Refusals to Deal

The National Industrial Transportation League (“NITL” or the “League”) and the Institute of Scrap Recycling Industries, Inc. (“ISRI”), collectively “Shippers’ Organizations”, hereby submit these comments addressing the issues raised in the Federal Maritime Commission’s (“FMC” or the “Commission”) rulemaking published in the Federal Register on September 21, 2022 concerning ocean carrier unreasonable refusals to deal or negotiate as to vessel space accommodations.

Click here to read the comments.