The household goods segment of the motor carrier industry is particularly challenging and, increasingly, a gating issue for new and innovative last mile or Do-It-Yourself service offerings. Understanding whether the statutory...more
U.S. Customs and Border Protection (CBP) modernization has arrived with a proposed list of changes that restructure certain fundamentals of the business. CBP issued its Notice of Proposed Rulemaking on June 5, 2020....more
July 1, 2020, will mark the official start of the long-heralded United State Mexico-Canada Agreement (USMCA) as it replaces the 1994 North American Free Trade Agreement (NAFTA). The USMCA will modernize free trade between...more
There will likely be a massive amount of litigation in the Transportation & Logistics industries in the post- COVID-19 world. Some of the lawsuits will be legitimate and others will be frivolous but both come with a cost: in...more
Benesch advised on March 21 that U.S. Customs and Border Protection (“CBP”) was examining emergency measures to allow for the deferral of customs duty payments in response to the COVID-19 pandemic. On April 19 the White House...more
Those regulated by the Transportation Security Administration (TSA) are familiar with a range of TSA policies that govern agency relationships during enforcement actions. For example, the Voluntary Disclosure Program Policy...more
The United States Department of Transportation (DOT) has launched a searchable online portal for all guidance documents issued by the DOT and its nine operating administrations. ...more
The long-awaited INCOTERMS 2020 are here! The International Chamber of Commerce ( ICC) released its update to the INCOTERMS in September of 2019. Now in effect, it is essential that stakeholders across all manner of supply...more
United States anti-boycott laws are an often overlooked part of export compliance. Our practice has seen the frequency of suspicious requests rise. In response, we wanted to take the time to remind our readers of the basics...more
U.S. Customs and Border Protection (“CBP”) issued bulletin CSMS #42097586 on March 20, 2020, advising that payment of import duties may be deferred under certain circumstances due to the COVID-19 outbreak. Specifically,...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
Both the speed of business disruption and depth of uncertainty created by COVID-19 have been unparalleled in our experience. Developments over the past week alone have emerged at an exponential rate and have impacted every...more
3/20/2020
/ Boycotts ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Response ,
Misclassification ,
State of Emergency ,
Supply Chain ,
Trade Secrets ,
Transportation Industry ,
Trucking Industry ,
TSA
The Federal Motor Carrier Safety Administration (“FMCSA”) has issued an Emergency Declaration for motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks. The...more
For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more
On December 28, 2019, the limitation of liability for cargo lost or damaged during international air transportation between countries that are signatories to the Montreal Convention (the “Convention”) will increase from 19...more
Global supply chains have faced a number of challenges in recent years that directly impact logistics related procurement. Although strong supply chain management techniques are recognized as driving bottom line performance...more
Thirty days remain to file exclusion requests for List 3 of the Section 301 tariffs on products imported from China. The official deadline for electronic submission of exclusion requests is September 30, 2019....more
8/30/2019
/ China ,
Electronic Filing ,
Exclusion List ,
Filing Deadlines ,
Imports ,
Requests for Exclusion ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration ,
US Trade Policies ,
USTR
Captive insurance companies are an elusive risk management strategy that, for many, is so poorly understood it is difficult to even begin consideration. Those who happen to fall into discussions of captives often bounce...more
The transportation of hazardous materials (hazmat) is an subject that holds significant safety implications for carriers, shippers, intermediaries and the general public. Compliance programs and their requirements vary widely...more
8/30/2019
/ Criminal Prosecution ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Guilty Pleas ,
Hazardous Substances ,
Oil & Gas ,
PHMSA ,
Safety Precautions ,
Supply Chain ,
Transportation Industry ,
Trucking Industry
Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more
8/29/2019
/ Arbitration ,
Class Action ,
Collective Actions ,
Commercial Truck Drivers ,
Employer Liability Issues ,
Federal Arbitration Act ,
Independent Contractors ,
New Prime v Oliveira ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour
Employers around the country have a bumpy road to follow as they navigate the ever-changing marijuana laws and regulations. Pre-employment and post accident drug testing have been challenged in courts in almost every state...more
Buy-side decisions for transportation and logistics services are increasingly driven by both internal subject matter experts and their corporate procurement teams. The traditional procurement perspective yields certain...more
7/23/2019
/ Air Carriers ,
Brokers ,
Common Carriers ,
Customs ,
FMCSA ,
Freight Forwarding ,
Logistics ,
Motor Carriers ,
Registration Requirement ,
Regulatory Standards ,
Risk Management ,
Shipping ,
Subject Matter Experts (SMEs) ,
Transportation Industry ,
Vessels
The International Fuel Tax Agreement (IFTA) system is an important clearinghouse mechanism for for-hire motor carriers and private carriers with interstate operations. The IFTA plan benefits participating carriers by offering...more
The Federal Motor Carrier Safety Administration (FMCSA) published recommendations from the 2016 FAST Act Household Goods Working Group on February 27, 2019. The Working Group was a Federal Advisory Committee created by...more
Safety hazards presented by the air transportation of lithium ion batteries are once again the subject of regulatory action in the United States. The U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA)...more
4/25/2019
/ Air Cargo ,
Air Carriers ,
Department of Transportation (DOT) ,
Federal Aviation Administration (FAA) ,
Hazardous Substances ,
ICAO ,
Incident Response Plans ,
Interim Final Rules (IFR) ,
Lithium Batteries ,
Manufacturers ,
PHMSA ,
Regulatory Standards ,
Reporting Requirements ,
Supply Chain ,
Warning Labels