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Protecting Consignors' Interests and Rights to Recover Property
A NEW YORK LAW JOURNAL SPECIAL SECTION Corporate Restructuring & Bankruptcy WWW. NYLJ.COM MONDAY, JUNE 22, 2015 Protecting Consignors’ Interests And Rights to Recover Property BY CARREN B. SHULMAN onsignment is an arrangement between two parties for one to sell the goods C of another. If the goods are sold, a dis- counted sales price is paid to the original seller with the balance to the buyer/con- signee. Many retail industries have used consignment for years, but many are mov- ing towards consignment. Other industries have used consignment and consignment-like relationships, such as “conditional sales.”1 In this uncertain economy, consignment is realizing a resurgence and may be an effec- tive cost saving measure for vendors/con- signees. This article addresses the law on consignment and how consignors protect themselves. Consignment is governed by Article 9 of the Uniform Commercial Code (UCC). §9-109(a)(4). Consignment is defined in UCC §9-102 as: a transaction, regardless of its form, in which a person delivers goods to a mer- chant for the purpose of sale and: (A) the merchant (i) deals in goods of that kind under a name other than the name of the person making delivery; aggregate value of the goods is $1,000 ship rights. To the extent the consignment (ii) is not an auctioneer; and or more at the time of delivery; relationship fails sections (B) or (C) above, there may be a consignment relationship, (iii) is not generally known by its credi- (C) the goods are not consumer goods but it may not be governed by Article 9. -
Instructions for Completing Form BIS-711, Statement of Ultimate Consignee and Purchaser
Instructions for completing Form BIS-711, Statement of Ultimate Consignee and Purchaser All information must be typed or legibly printed in each appropriate Block or Box. Block 1: Ultimate Consignee. The Ultimate Consignee must be the person abroad who is actually to receive the material for the disposition stated in Block 2. Therefore, a bank, freight forwarder, forwarding agent, or other intermediary is not acceptable as the Ultimate Consignee (For a definition of intermediate consignee, please see page 2 of this document.) If the ultimate consignee is an individual, please state the name as listed on a government-issued ID. If the ultimate consignee is a company, please state the company name and address as listed on the business license/business certificate. * Please note: The information given in Block 1 must match the name and address listed on your Bill of Lading/Air Waybill issued by a freight forwarder. Block 2: Disposition or Use of Items by Ultimate Consignee named in Block 1. Place an (X) in “A.,” “B.,” “C.,” “D.,” and “E.,” as appropriate, and fill in the required information. * Please note: Certain armored vehicles are considered a controlled item under Department of Commerce export regulations (ECCN 0A606), and cannot be resold, transferred or re-exported without prior authorization from the US Department of Commerce. Block 3: Nature of Business of Ultimate Consignee named in Block 1. Complete both “A” and “B”. Possible choices for “A” include: broker, distributor, fabricator, manufacturer, wholesaler, retailer, value added reseller, original equipment manufacturer, etc. Possible choices for “B” include: contractual, franchise, distributor, wholesaler, continuing and regular individual business, etc. -
Best Practice Guide on Abandoned Goods Introduction
BEST PRACTICE GUIDE ON ABANDONED GOODS International Federation of Freight Forwarders Associations The global voice of freight logistics FIATA INTERNATIONAL FEDERATION OF FREIGHT FORWARDERS ASSOCIATIONS FIATA is a nongovernmental, membership-based organization representing freight forwarders in some 150 countries. FIATA is a reference source on international policies and regulations governing the freight forwarding and logistics industry. FIATA works at the international level to represent service providers who operate in trade logistics and supply chain management. Through its FIATA documents and forms, congress, training and publications, it promotes trade facilitation and best practices among the freight forwarding community. Founded in Vienna, Austria, on 1926, FIATA owes its name to its French acronym (Fédération Internationale des Associations de Transitaires et Assimilés) and is known as ‘the global voice of freight logistics’. FIATA is headquartered in Geneva, Switzerland. DISCLAIMER This document is NOT to be construed as providing any legal advice. FIATA recommends that readers seek independent legal advice if they have any questions on dealing with their specific circumstances. It should be noted that this best practice guide provides general considerations that are of relevance on a global, risk-manage- ment basis, and does not include technical advice. It is recommended that the reader adjust and implement the recommended measures in accordance with the applicable laws and regulations in their jurisdiction, its corporate structure, business model and risk control requirements in the country or geographic areas where it is operating. FIATA accepts no responsibility for the consequences of the use of the information contained in this document.. For further information about the activities of the FIATA Advisory Body on Legal Matters or to make comments about this guide, please contact FIATA at [email protected]. -
Advance Manifest
Bureau of Customs and Border Protection CBP Decisions 19 CFR PARTS 4, 103, 113, 122, 123, 178 AND 192 (CBP Dec. 03–32) RIN 1651–AA49 REQUIRED ADVANCE ELECTRONIC PRESENTATION OF CARGO INFORMATION AGENCY: Customs and Border Protection, Homeland Security. ACTION: Final rule. SUMMARY: This document amends the Customs Regulations to provide that the Bureau of Customs and Border Protection (CBP) must receive, by way of a CBP-approved electronic data interchange system, information pertaining to cargo before the cargo is either brought into or sent from the United States by any mode of commer- cial transportation (sea, air, rail or truck). The cargo information re- quired is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP. These regulations are specifically in- tended to effectuate the provisions of section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002. DATES: This rule is effective January 5, 2004. The compliance dates for these regulations are set forth, as appli- cable, in §§ 4.7(b)(5), 122.48a(e), 123.91(e), 123.92(e), and 192.14(e). FOR FURTHER INFORMATION CONTACT: Legal matters: Glen E. Vereb, Office of Regulations and Rulings, 202–572–8724; Trade compliance issues: Inbound vessel cargo: Kimberly Nott, Field Operations, 202–927– 0042; 1 2 CUSTOMS BULLETIN AND DECISIONS, VOL. 37, NO. 52, DECEMBER 24, 2003 Inbound air cargo: David M. King, Field Operations, 202–927– 1133; Inbound truck cargo: Enrique Tamayo, Field Operations, 202– 927–3112; Inbound rail cargo: Juan Cancio-Bello, Field Operations, 202–927– 3459; Outbound cargo, all modes: Robert Rawls, Field Operations, 202– 927–5301. -
Role of Freight Forwarders
7/15/2012 Role of Freight Forwarders Moderator: Thomas Andrukonis Director, Export Management and Compliance Division Roles and Responsibilities of Freight Forwarders Under the Export Administration Regulations July 18, 2012 1 7/15/2012 Parties to an Export Transaction • Exporter • Forwarding Agent • Intermediate Consignee • Ultimate Consignee • End-User • Principal Party in Interest What is a Forwarding Agent? “The person in the United States who is authorized by a principal party in interest to perform the services required to facilitate the export of the items from the United States. This may include air couriers or carriers” (15 C.F.R. § 772.1) 2 7/15/2012 Routed Export Transactions • There are two kinds of routed export transactions: – Those in which the freight forwarder or other agent is responsible for arranging transportation and other services, but the agent is not the exporter of the items. – Those in which the freight forwarder or other agent takes on the responsibility of the exporter of the items. When does a routed export transaction result in the shift in export control responsibility? • There must be two written documents transferring the export control responsibilities: – A writing from the foreign principal party in interest to the US principal party in interest expressly assuming export control responsibilities. – A power of attorney or other writing from the foreign principal party in interest to the freight forwarder or other agent authorizing the agent to work on the foreign principal party in interest’s behalf on the transaction. 3 7/15/2012 Routed Export Transaction • If both writings have been obtained, the freight forwarder, acting as agent for the foreign principal party in interest, becomes the exporter of the items and is responsible for determining licensing requirements and obtaining license authority. -
Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice
Journal of Shipping and Ocean Engineering 10 (2020) 47-56 Doi: 10.17265/2159-5879/2020.02.005 D DAVID PUBLISHING Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice Ioannis Voudouris, and Evi Plomaritou Frederick University, Cyprus Abstract: The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly, discuss their current legal and commercial nature and functions as well as their relationship with other transport documents such as the booking note, cargo manifest, mate’s receipt, and delivery order. In this context, the paper examines the lifecycle of transport as regards the documents used in the bulk and liner markets. Key words: Bill of lading, charterparty, sea waybill, booking note, delivery order, Mate’s receipt, Cargo manifest. 1. Introduction upon their shipment on board the ship (shipped bill of lading). The most important documents governing the commercial and legal relationships between the parties 2. Historical Origins of the Bill of Lading, in international sea transport are the bill of lading and Charterparty, Sea Waybill and Other the charterparty. Among other things, these Transport Documents documents define the obligations as well as the The (non-negotiable) sea waybill and the respective costs and earnings of the contracting parties, (negotiable) bill of lading are nowadays the primarily the shipowner or carrier and the charterer or best-known ocean transport documents that are still in shipper. In addition, other documents, such as booking use. -
36 WTD 248 (April 28, 2017) 248
Det. No. 16-0294, 36 WTD 248 (April 28, 2017) 248 Cite as Det. No. 16-0294, 36 WTD 248 (2017) BEFORE THE ADMINISTRATIVE REVIEW AND HEARINGS DIVISION DEPARTMENT OF REVENUE STATE OF WASHINGTON In the Matter of the Petition for Correction of ) D E T E R M I N A T I O N Assessment of ) ) No. 16-0294 ) . ) Registration No. ) [1] RULE 15503; RCW 82.04.020, RCW 82.08.050: RETAIL SALES TAX – DIGITALLY AUTOMATED SERVICES – SERVICES OFFERED FOR SALE. Digitally Automated Services are subject to retail sales tax when they are offered for sale, as opposed to an internal, noncommercial service. [2] RULE 228(9); RCW 82.32.105 – PENALTIES – SUBSTANTIAL UNDERPAYMENT PENALTY – CIRCUMSTANCES BEYOND A TAXPAYER’S CONTROL. There is no requirement that a taxpayer must have intended to avoid taxation for such taxpayer to be subject to a substantial underpayment penalty. [3] RULE 193D; RCW 82.04.260(7) – B&O TAX – STEVEDORING – ASSOCIATED ACTIVITIES. A taxpayer may not report its gross income from activities associated with stevedoring if that taxpayer does not also engage in actual stevedoring services. [4] RULE 193D; RCW 82.04.260(7) – B&O TAX – STEVEDORING – SERVICES PROVIDED IN A FOREIGN TRADE ZONE. Services provided within a Foreign Trade Zone are not automatically classified as stevedoring and associated activities. The nature of the activities, as opposed to the location of such activities, is controlling for classification purposes. Headnotes are provided as a convenience for the reader and are not in any way a part of the decision or in any way to be used in construing or interpreting this Determination. -
Preliminary Study on Cloud Bill of Lading Issue
World Maritime University The Maritime Commons: Digital Repository of the World Maritime University World Maritime University Dissertations Dissertations 8-22-2020 Preliminary study on cloud bill of lading issue Yanchi Chen Follow this and additional works at: https://commons.wmu.se/all_dissertations Part of the International Trade Law Commons, Technology and Innovation Commons, and the Transportation Commons Recommended Citation Chen, Yanchi, "Preliminary study on cloud bill of lading issue" (2020). World Maritime University Dissertations. 1459. https://commons.wmu.se/all_dissertations/1459 This Dissertation is brought to you courtesy of Maritime Commons. Open Access items may be downloaded for non-commercial, fair use academic purposes. No items may be hosted on another server or web site without express written permission from the World Maritime University. For more information, please contact [email protected]. SHANGHAI MARITIME UNIVERSITY WORLD MARITIME UNIVERSITY Shanghai, China PRELIMINARY STUDY ON CLOUD BILL OF LADING ISSUE By Chen Yanchi China A research paper submitted to the World Maritime University in partial Fulfillment of the requirements for the award of the degree of MASTER OF SCIENCE INTERNATIONAL TRANSPORT AND LOGISTICS 2020 Copyright Chen Yanchi, 2020 WORLD MARITIME UNIVERSITY RESEARCH PAPER FOR INTERNATIOANL TRANSPORT AND LOGISTICS DECLARATION I certify that all the material in this research paper that is not my own work has been identified and that no material is included for which a degree has previously been conferred on me. The contents of this research paper reflect my own personal views and are not necessarily endorsed by the University. (Signature):…Chen Yanchi… (Date): …2020.6.28…… Supervised by Professor Wang Xuefeng Shanghai Maritime University ii WORLD MARITIME UNIVERSITY RESEARCH PAPER FOR INTERNATIOANL TRANSPORT AND LOGISTICS ACKNOWLEDGEMENT I would like to express my gratitude to all those who helped me during the writing of this thesis. -
Bill of Lading
Bill of lading - stevedore can rely on Himalaya clause in forwarder's bill of lading CARRINGTON SLIPWAYS PTY LTD v PACIFIC AUSTRAL PTY LTD & ORS New South Wales Supreme Court decision of Rogers J, Chief Judge, Commercial Division, 2 February 1989 I. QUESTIONS FOR THE COURT This is an important decision of the NSW Supreme Court in relation to the liability of various parties involved in the shipment of goods. The parties sued included the freight forwarder who had arranged their shipment, the owner of the vessel on which the goods were shipped and the stevedoring company which discharged the goods in Sydney. The time charterer of the vessel on which the goods were shipped was also sued but that claim was abandoned. Mr Justice Rogers therefore had to determine the liabilities of each party. This raised the following questions - Did the freight forwarder contract as a principal or as an agent with the consignee who had engaged the forwarder's services to arrange the shipment from Japan to Sydney? Were the responsibilities and liabilities of the freight forwarder to be determined in accordance with the bill of lading which it issued? If the freight forwarder was liable, was it entitled to limit its liability in accordance with the Japanese Carriage of Goods by Sea Act? If the owner of the vessel on which the goods were shipped was liable, was it entitled to rely on the Himalaya clause in either the bill of lading which had been issued by the forwarder, or the bill of lading which had been issued by the time charterer of the vessel? If the -
Forum Selection in Maritime Bills of Lading Under COGSA
Fordham International Law Journal Volume 12, Issue 3 1988 Article 4 Forum Selection in Maritime Bills of Lading Under COGSA Kenneth M. Klemm∗ ∗ Copyright c 1988 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Forum Selection in Maritime Bills of Lading Under COGSA Kenneth M. Klemm Abstract This Note argues that forum selection should not be invalid per se in bills of lading governed by COGSA. Part I reviews the history of COGSA including previous legislation that regulated bills of lading. Part II examines the decisions by the courts on forum selection in maritime bills of lading. Part III argues that a forum non conveniens analysis in the context of a valid forum selection clause provides courts with the necessary discretion to decide whether or not to accept jurisdiction of a case. The Note concludes that forum selection clauses in COGSA bills of lading should be valid unless the enforcement of such a clause is unreasonable in the context of a forum non conveniens analysis. NOTES FORUM SELECTION IN MARITIME BILLS OF LADING UNDER COGSA INTRODUCTION Bills of lading regulate the transactions between the carri- ers and shippers who transport goods by sea.' The Carriage of Goods by Sea Act ("COGSA") 2 governs bills of lading for cargo shipped to or from the United States.' Under COGSA, a court will not enforce a clause in a bill of lading that lessens or relieves a carrier's liability. 4 Some federal courts hold that fo- rum selection clauses that choose a foreign country in which to litigate or arbitrate a dispute lessen a carrier's liability. -
Inward Cargo Manifest for Vessel Under Five Tons, Ferry, Train, Car
U.S. DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Approved OMB No. 1651-0001 Exp. 12/31/2008 INWARD CARGO MANIFEST FOR VESSEL UNDER CBP Manifest/In Bond Number FIVE TONS, FERRY, TRAIN, CAR, VEHICLE, ETC. (INSTRUCTIONS ON REVERSE) 19 CFR 123.4, 123.7, 123.61 Page No. 1. Name or Number and Description of Importing Conveyance 2. Name of Master or Person in Charge 3. Name and Address of Owner 4. Foreign Port of Lading 5. U.S. Port of Destination 6. Port of Arrival 7. Date of Arrival Column No. 1 Column No. 2 Column No. 3 Column No. 4 Column No. 5 Bill of Lading or Marks & Car Number Number and Gross Weight (in kilos or pounds) of Numbers or Address of Name of Consignee For Use By CBP only and Initials Packages and Description of Goods Consignee on Packages CARRIER'S CERTIFICATE To the Port Director of CBP, Port of Arrival: The undersigned carrier hereby certifies that of is the owner or consignee of such articles within the purview of section 484, Tariff Act of 1930. I certify that this manifest is correct and true to the best of my knowledge. Date . Master or Person in charge (Signature) Previous Editions are Obsolete CBP Form 7533 (05/00) Block No. 4 Insert the word ''various'' if more than one foreign port of lading is involved, and show the individual ports of lading by name immediately below the description of goods in vertical column number 3. Column No. 3 If used as entry pursuant to Section 123.7, Customs Regulations, as amended, prepare form in duplicate and show name of shipper, value, and tariff item number immediately below description of goods in vertical column number 3. -
Download Chapter
Chapter 5 U.S. Export Facilities and Ocean Transportation U.S. grains are exported from every coast in the country, as well as from the St. Lawrence Seaway in Canada. Each of the five export ranges that handle feed grains exports has a unique relationship with one or more interior producing regions. This relationship is characterized by the principal mode of transportation used to bring those feed grains into an export position. Long before the first European explorer reached the majestic sweep of the Mississippi River, Native Americans were using it for travel and trade. The Mississippi River has evolved since then into a transportation gateway to the interior of the United States. Mississippi A fleet of over 10,000 barges, towed by as many as 2,000 towboats, River/Center ply the river with many different kinds of cargo. There are nearly Gulf 6,000 miles of navigable river in the Mississippi River Basin serving the Mississippi, Missouri, Ohio, Illinois, Arkansas, Tennessee, White, Cumberland, Alabama and Minnesota Rivers. Through this system, river transportation reaches into every Corn Belt state, providing easy access to 80 percent of U.S. corn production, more than 33 percent of sorghum production and up to 15 percent of barley production. Hundreds of river terminals receive feed grains by truck or rail and transfer it into barges, each carrying approximately 1,500 tons, which are collected into tows of six or more barges and moved downriver to New Orleans or another river port. Barge transportation is traded actively between suppliers and users, quoted in percentage of tariff, and a cost schedule established with prices for each river shipping point.