NVOCC Day: Port of New Orleans

Sally and I had the privilege of attending NVOCC Day hosted by the National Customs Brokers and Forwarders Association of America (NCBFAA) at the historic Port of New Orleans. New Orleans has always been a favorite destination offering delicious food and enriching historical sights. New Orleans port also generates approximately $100 million in revenue annually as a hub for cargo, rail, industrial real estate and cruises. Cargo commodities importing in through the Port of New Orleans include steel, coffee, furniture, natural rubber, forest products and non-ferrous metals. Exports include plastic resins, frozen poultry, paper and pulp. Since 2018 Port NOLA has rolled out their “Strategic Master Plan” pushing them forward in growing sustained economic benefit for the area and have been making progress in streamlining operations, capitalizing on their gateway position, and developing sustainability.

With all the changes in tariff and transportation regulations, we found this an opportune time to not only escape the cold Midwest weather, but also to ensure we have a solid understanding of the updated FMC regulations, look for other opportunities to streamline our processes, and find resources for our team to better understand import and export requirements and how it they affect our clients.

The Shipping Act of 1984 has evolved over the years to accommodate for the ever changing landscape of ocean freight transportation. In 1998, it was updated to account for confidential service contracts and ended the Carrier Conference System (collective rate-setting). In 2022, the Ocean Shipping Reform Act (OSRA 2022) gave the Federal Maritime Commission new authority to assert regulatory oversight of ocean carrier practices affecting importers and exporters. Charge Complaints were established that allow shippers and carriers to dispute unreasonable or non-compliant fees assessed by ocean carriers with the FMC and further regulations in implemented in regards to ocean carrier invoicing practices and requirements.

Many of these changes work to help improve transparency, billing provisions, and establish a permanent process for charge complaints and enhanced FMC authority. This would allow shippers and freight forwarders to question excessive demurrage and detention charges. These updates have the biggest impact on our customers allowing us to mitigate excess charges when issues arise that are out of our control.

The NCBFAA is a great sounding board for transportation issues, and after experiencing this event - I feel even more empowered to bring other transportation issues to the table and see if we can’t facilitate more change in regards to rail practices as well. Despite only being a one day event, there was a lot of information to ingest and many resources gained.

Before we departed NOLA, Sally and I were able to take a lunch tour on the riverboat City of New Orleans. As we travelled up the Mississippi, we got to see some of the maritime and manufacturing activities of the area. There were two big military supply ships docked waiting to be loaded. We also watched a crane moving raw sugar cane at the Domino sugar refinery where 100% of Louisiana’s sugarcane is processed.

In the day to day, we only get to see the data and the paperwork, but seeing industry in action makes what we do more tangible.

Tariff Resources

Below are links to various resources to determine tariff classification codes and more information regarding the IEEPA and Section 232 tariffs.

Finding Tariff Codes: Harmonized Tariff Schedule of the United States

IEEPA - Reciprocal Tariff Rates (Country List)

Section 232 Tariffs - List of product tariffs that qualify under each list

Section 232 - Steel & Aluminum FAQ

Section 232 - Autos & Auto Parts FAQ
IEEPA FAQ

Real-life Examples of General Average

General Average is declared when a sacrifice is taken to save a vessel from total loss (e.g. when the captain makes a decision to lose some containers in order to save the vessel). 

It is based on the idea that the sacrifice made for the common good should be shared proportionately among all parties involved, including shipowners, cargo owners, and insurers.

In the case of general average cargo owners share the financial burden of the loss even if their goods were not damaged and without cargo insurance they may be liable for a substantial out-of-pocket cash amount.

Notable Incidents

Maersk Honam Fire

In March 2018, the vessel caught fire while sailing in the Arabian Sea carrying nearly 8,000 containers.The General Average declared for cargo owners with cargo aboard the Maersk Honam was 54% - meaning for every $100,000 of cargo on board, cargo owners would have to pay $54,000 to have their goods released.

Ever Given (Suez Canal)

In March 2021, the large container vessel ran aground while transiting the Suez Canal. The Ever Given was stuck in the canal for six days, and the effort to get it moving again resulted in Egyptian authorities seeking compensation of close to $2 billion.Whilst General Average is still being finalised, cargo owners are expecting to face charges upwards of 20% of the cargo value they had aboard the vessel.

MS Dali (Baltimore Bridge)

In March 2024, the 9,000 TEU capacity vessel struck the Baltimore Bridge, which subsequently collapsed on top of the bow of the vessel. Whilst the salvage operation is expected to last months, General Average was declared mid April meaning cargo owners face large costs to recover their cargo on board.

Example of General Average Claim adjustment for a piracy event

This example is sourced from Allianz Global

Statistics show that importers will be involved in a General Average claim once every 8 years. History has repeatedly shown the most powerful oceangoing vessels piloted by expert captains can run into unforeseen trouble on a voyage.

So the best way to protect your investment in your imported goods is to be prepared for the unpredictable with cargo insurance. Follow this link to learn more or contact us for more information!

The Top 3 Questions to Ask Your Customs Broker & How Capito Enterprises, Inc. Can Help you

  1. How will you help my company ensure proper compliance with Customs regulations?

    When selecting a Customs Broker for your business, you want to make sure that they have a finger on the pulse of U.S. Customs and Border Protection. Get the details behind how they are monitoring new compliance protocols being released by CBP and if they are part of any key trade compliance organizations. 

    Capito Enterprises, Inc. is a member of the Chicago Customs Broker & Freight Forwarder Association (CCBFAA) and the National Customs Brokers & Forwards Association of America (NCBFAA).  Being part of these associations helps us stay abreast of what is going on in the industry as well as be involved in helping improve the compliance process.  We help build the bridge between trade and customs by facilitating conversations and helping importers and exporters navigate through the various standards CBP enforces.  Our VP Rosette Capito is also a Certified Customs Specialist and is working on obtaining her Masters Customs Specialist certification through the NCBFAA. 

  2. Do you have any pending lawsuits, violations, and/or have you been sanctioned by Customs?

    It is our policy at Capito Enterprises, Inc. to uphold the regulations set forth from U.S. Customs and help protect the safety and economic stability of our nation.  We work hard to ensure our processes adhere to customs regulations, and we have built protocols to check and double check the accuracy of our customs transmissions.  If there is any question, we make sure to reach out to CBP or any partner government agency to clarify what is needed to process shipments correctly and with the correct information.  We have aided customers in their own customs audits and have recently implemented our own internal audit processes.

  3. How much do you cost?

    This may seem like an obvious one, but it is important to know how much your Customs Broker is going to charge you and, specifically, asking for a breakdown of fees. 

Request a quote and breakdown of our services today!