Shipping Solutions News  
  February 2008
1.888.890.7447 | www.shipsolutions.com  


In This Month's Newsletter:

Challenges with Controlling Exports of Technology

Plan Now for
Shipping Solutions
User Conference

Breaking the China Habit

Sign Up for a
FREE Online Demo of Shipping Solutions Export Software

 

Upcoming Seminars:


Air & Ocean Transportation: Logistics Management for the International Supply Chain

Atlanta, GA
2/20/08

Charlotte, NC
3/12/08

Cleveland, OH
3/6/08

Dallas, TX
4/4/08

Houston, TX
4/23/08

Louisville, KY
4/9/08

Minneapolis, MN
4/17/08

Saddle Brook, NJ
3/7/08

Export Documentation & Procedures Seminar

Anaheim, CA
2/19/08

Atlanta, GA
2/18/08

Boston, MA
2/19/08

Charlotte, NC
3/10/08

Cleveland, OH
3/4/08

Dallas, TX
4/2/08

Detroit, MI
4/1/08

Grand Rapids, MI
4/21/08

Houston, TX
4/21/08

Louisville, KY
4/7/08

Milwaukee, WI
4/14/08

Minneapolis, MN
4/15/08

Saddle Brook, NJ
3/5/08

Santa Clara, CA
4/29/08

St. Louis, MO
3/4/08

Letters of Credit and Alternative International Payment Methods Seminar

Anaheim, CA
2/26/08

Atlanta, GA
2/19/08

Boston, MA
2/20/08

Charlotte, NC
3/11/08

Cleveland, OH
3/5/08

Dallas, TX
4/3/08

Detroit, MI
4/2/08

Grand Rapids, MI
4/22/08

Houston, TX
4/22/08

Louisville, KY
4/8/08

Milwaukee, WI
4/15/08

Minneapolis, MN
4/16/08

Saddle Brook, NJ
3/6/08

Santa Clara, CA
4/30/08

St. Louis, MO
3/5/08

NAFTA Rules of Origin Seminar

Anaheim, CA
2/21/08

Atlanta, GA
2/22/08

Boston, MA
2/22/08

Charlotte, NC
3/14/08

Chicago, IL
2/20/08

Cleveland, OH
3/12/08

Dallas, TX
4/23/08

Detroit, MI
4/4/08

Grand Rapids, MI
4/24/08

Houston, TX
4/25/08

Louisville, KY
4/11/08

Milwaukee, WI
4/17/08

Minneapolis, MN
4/9/08

Pittsburgh, PA
2/20/08

Saddle Brook, NJ
3/18/08

St. Louis, MO
3/7/08

Tariff Classification: Using the Harmonized Tariff Schedule Seminar

Anaheim, CA
2/20/08

Atlanta, GA
2/21/08

Boston, MA
2/21/08

Charlotte, NC
3/13/08

Chicago, IL
2/19/08

Cleveland, OH
3/11/08

Dallas, TX
4/22/08

Detroit, MI
4/3/08

Grand Rapids, MI
4/23/08

Houston, TX
4/24/08

Louisville, KY
4/10/08

Milwaukee, WI
4/16/08

Minneapolis, MN
4/8/08

Pittsburgh, PA
2/19/08

Saddle Brook, NJ
3/17/08

St. Louis, MO
3/6/08

These one-day seminars are taught by qualified and knowledgeable instructors in small-group settings. All attendees receive the corresponding reference book and a Certificate of Completion.

 

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Challenges with Controlling Exports of Technology

By Tracy A. Smith email | bio

In this global economy and the age of outsourcing, it is more important than ever for compliance organizations to be vigilant in ensuring exports of controlled technology do not occur without the appropriate authorizations.

When most people think of technology they think of the latest and greatest gadgets available at their local Best Buy, the newest computer with the Intel quad core processor running the latest and greatest operating system, or a Blu-ray Disc. In the world of export and the Export Administration Regulations (EAR), these finished good items are classified as equipment and found in category ‘A’ of the Export Control Classification Number (ECCN) contained on the Commerce Control List (CCL), not as technology.

The EAR defines technology as specific information necessary for the development, production or use of a product.

  • “Development” is defined as all stages prior to serial production, such as design, design research, analysis, concepts, assembly and testing prototypes, etc.


  • “Production” is defined as all production stages such as product engineering, manufacture, integration assembly, inspection, testing, and quality assurance.


  • “Use” is defined as the operation, installation, maintenance, repair, overhaul, and refurbishing of a product.

This specific information takes the form of technical data (such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices) or technical assistance (such as instruction, skills training, working knowledge, and consulting services).

The EAR further states that the export of technology includes release of U.S.-origin data in a foreign country, and release includes application to situations abroad of personal knowledge or technical experience acquired in the U.S.

I think it’s the ethereal nature of technology that makes it so difficult to control. Let’s face it; it is much easier to put controls in place to manage the export of physical items. Technology can exist in a physical form such as blue prints or manuals, but it can also exist in an electronic format or just be a part of an individual’s knowledge base.

To make things worse, it can be difficult for individuals that are not directly involved in the daily business of compliance to understand that emails, faxes or even in some instances conversations transmitted outside the United States or with foreign nationals located in the United States (deemed exports) can be restricted for export control reasons depending upon the nature of the content and/or data transmitted or discussed.

What is the best way to ensure controlled technology is not inadvertently released without the required export authorizations?

I am not sure there is a best way. However, effective steps include employing a comprehensive training program to ensure that engineers and others in the organization working with technology understand what is considered controlled and what constitutes an export. Of course it is up to you to decide and balance the appropriate level of due diligence and reasonable care efforts employed to mitigate unnecessary risk while accommodating your specific business needs.

As a side note, on December 12, 2007, the Bureau of Industry and Security (BIS) revised the tools of trade provisions under License Exception TMP and BAG to allow for certain temporary exports and re-exports of technology by U.S. persons or their employees traveling or temporarily assigned abroad.

Although this change may assist those with the need to travel with certain types of controlled technology, please keep in mind there are additional terms and conditions that must be adhered to in order to properly utilize these License Exceptions. Some of the additional terms and conditions include security precautions to protect against the unauthorized release of the technology while temporarily abroad as well as restrictions on eligible employees.

Even though the update to these two License Exceptions allow for certain exports of technology, to save on a few gray hairs, it may be a good idea to employ a travel policy that prohibits or limits the amount of controlled technical data taken abroad.

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Plan Now for Shipping Solutions User Conference

By David M. Noah email | bio

Shipping Solutions will host a two-day user conference on Sept. 25-26, 2008, in Bloomington, Minnesota, at the Minneapolis Airport Marriott located right next to the Mall of America.

Intended for people currently using the Shipping Solutions export software and potential customers interested in learning how the software will save their company time and money, the conference will include government officials, industry experts and company personnel presenting on current export documentation and compliance issues as well as on the Shipping Solutions software itself.

Among the government agencies that are expected to present at the conference are:

  • The Foreign Trade Division of the U.S. Census Bureau discussing the current status of mandatory filing through the Automated Export System (AES);

  • The Office of Export Enforcement discussing current export regulations, export enforcement, and the recent, dramatic increase in export penalties; and

  • The U.S. Commercial Service detailing the programs they have in place to help and encourage U.S. companies to export.

In addition, industry experts will be presenting on topics such as:

  • Understanding the Export Documentation Process;

  • NAFTA and the Other Modern Free Trade Agreements;

  • Properly Classifying Your Products for Export;

  • Restricted Party Screening Lists You Should be Checking; and

  • How to Determine if Your Product Requires an Export License.

All attendees will also have the opportunity to attend small-group or one-on-one sessions with Shipping Solutions staff to learn more about the software, see demonstrations of new features, and get their specific questions answered.

Attendees will also have an opportunity to participate in a feedback session with company personnel that will help Shipping Solutions guide future development of the software.

Registration for this two-day user conference is only $595. Two or more attendees from the same company will save $50 each. Shipping Solutions Annual Maintenance Program (AMP) subscribers will save an additional $100 off each registration.

Shipping Solutions has arranged for a discounted room rate of $139 per night at the Minneapolis Airport Marriott. To receive this special discount room rate, attendees can contact the Marriott at 800-228-9290 or 952-854-7441 before Sept. 3, 2008, and mention “Shipping Solutions.”

Because of the nature of the event, Shipping Solutions is limiting the size of the conference on a first come, first served basis. For more information about the Shipping Solutions User Conference or to register for a guaranteed spot at the conference, call Shipping Solutions at 888-890-7447.

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Breaking the China Habit

By Kelby Woodard email | bio

There is little doubt that global trade is an equalizer. Throughout the history of the world, trade has provided a way for countries and cultures to expand their minds and their pocket books. The question is whether our recent reliance on one country to supply the vast majority of manufactured goods to the rest of the world is healthy to the global economy.

The developed economies are addicted to Chinese imports. As is typical of addiction, the problem is detrimental both to the addicted and to the ‘enabler.’ In this case the addicted are the developed economies of the world that rely almost exclusively on China as its manufacturing base. The enabler is China itself. By presenting itself as the factory to the world, it is experiencing great upheavals in social stability, devastating environmental degradation, and the potential long term effects of unfettered capitalism.

Just like friends and family of the addicted suffer, the rest of the world suffers as a result of this reliance on China as well. From increased fuel prices driven by China’s insatiable appetite for energy to its increasing influence in foreign policy, which tends to downplay human rights, the world is being dramatically affected by this addiction.

Beyond the philosophical is the more immediate impact this addiction has on companies that rely on imports to provide the best quality and price possible to consumers. This is also where we as a profession can have the greatest influence.

There are two major reasons why U.S. companies source products from China. First and foremost is cost. The second reason is to establish a presence in what may one day prove to be one of the largest consumer economies in the world.

The hidden costs of sourcing from China are becoming more and more apparent, however. The myriad regulations and overlapping authorities provide ample opportunity for corruption, inefficiencies and outright fraud in the system. Those are issues our industry is accustomed to dealing with and can play a critical role in mitigating. It is also true that the same issues can be found when importing from nearly any country, but there are certain indicators that China’s dominance over manufacturing may be beginning to show signs of waning.

The Chinese government and manufacturing industry is on record as being interested in upgrading its reputation as simply a low-cost producer. This is hardly unexpected and is reflective of the improvements that global trade is expected to provide countries like China.

The side effect is that the days of finding ‘incredibly good deals’ may be coming to an end. Other countries with much shorter supply chains to the U.S. and Europe are eager to exploit this potential opening in the competition for these lucrative markets.

The Trans-Pacific trade routes will also see a largely disproportionate increase in costs in 2008. At a recent keynote address to the Journal of Commerce's Container Transport Investment Conference in New York City, Ron Widdows of APL declared a new era in this trade.

"You are going to see rates increase in the transpacific. That the U.S. economy, the stock market, and some of my customers are not faring well economically will not be relevant. Rates will go up. They must. The underlying costs are too high. Rates are going to go up; bunker recoveries are going to increase.” That should not give importers a ‘warm and fuzzy’ about the continued cost effectiveness of ‘Made in China.’

Fees will also be increasing at the major West Coast ports who serve this trade. In Los Angeles/Long Beach, for example, fees will be introduced of $70/feu to assist in drayage trucks upgrades and $30/feu for much needed infrastructure upgrades.

There is also the matter of time. Importers sourcing in China have long realized that geography naturally dictates longer supply chains when sourcing from Asia. As a supply chain is elongated, the risk associated with importing becomes more apparent. The ability to perceive and control disruptions when they occur becomes exponentially more difficult and complex.

It appears that the ‘slow boat from China’ may be getting even slower. During his speech, Widdows also addressed the need to slow the speed of his vessels. “The additional ships will allow those loops to reduce speeds to about 20 knots, from about 23.5 to 24 knots. That will save fuel and allow APL and its partners to get better utilization of the ships.”

Authorities are also warning that climate change could make weather conditions in China much tougher in the years ahead. For example, in the major Yangtze port city of Hankou, water levels fell to 46 feet in early January; the lowest level since records began in 1866. To add more credence to the effects of climate change on trade, just this week southern China is enduring a tremendously powerful winter storm that is disrupting an already taxed transportation infrastructure. These snowstorms are the worst storms in half a century and have affected nearly 80 million people across 14 provinces and may be an indication of even greater infrastructure challenges to come.

China will obviously remain an important player in global sourcing, and rightfully so. The country’s ability to manufacture good-quality, low-cost goods is undeniable. Sourcing from China will remain a critical component of most U.S and European supply chains in the foreseeable future.

Increasingly, however, the real competitive advantages may come from diversifying and taking advantage of all the globe has to offer. From global climate change and political considerations to the increasing costs and risks associated with the China trade, 2008 may well prove to be the year globalization means more than simply ‘Chinazation.’


Sign Up for a Free Online Demo of Shipping Solutions Export Software

Thousands of successful exporters are using Shipping Solutions to complete their export documents faster, easier and less expensively than ever before. Why aren't you?

If you're too busy trying to complete your export documents by hand to spend some time reviewing the Shipping Solutions Professional export documentation and compliance software yourself, let us do it for you! Sign up for one of our free online demos and let us give you a one-hour overview of the software.

We'll take you step-by-step through the process of completing your export forms, filing your SEDs electronically through AES, and checking your exports against the various government restricted parties lists and export regulations to make sure your shipments are in compliance, and you—and your company—stay out of trouble.

These free online demos are available on Tuesdays at 1:00 p.m. and Thursdays at 10:00 a.m. Central Time. All you need is an Internet connection to watch the demo and a phone to listen in and ask questions about the software. It's the perfect opportunity to get your first view of Shipping Solutions or to convince your coworkers and your boss that Shipping Solutions is the perfect solution for your company.

See why Shipping Solutions is America's #1 export software. Sign up for the free online demo today!

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