Namaste, the new India Insider: www.AmericanShipper.com/Namaste MARCH 2008 Forwarder Momentum Special report www.americanshipper.com 10 + 2 = $$$$ Big IT fishes for 3PLs Shifting trade winds When shareholders attack 6 20 60 66 Warner Brothers needed movie set vehicles transported to England for the filming of its newest Batman movie. ACL was there! Gotham City’s Swat Mobile, Garbage Truck, Joker's Tractor and Trailer drove onto an ACL combination Container/RORO vessel and was lashed for their transatlantic voyage . Another routine ACL pick-up and delivery. We handled all of the inland transit details including over-the-road permits. Call ACL when you need a super performance for your ne xt shipment. Stay tuned for ACL's next RORO adventure. 800-ACL-1235 3 ACLc argo.c om Vol. 50, No. 3 LOGISTICS COAC recommends ‘10+2’ changes ‘10+2’ could spark broker evolution IT drives competitiveness Asia Logistics Shippers’ IT 6 12 16 24 30 32 FORWARDING/NVOs 34 Litman: Spirit of the industry 34 AES mandatory consensus reached 34 TRANSPORT/AIR Another day at the office for UPS ACE lift for Air AMS E-Freight update 54 54 56 57 TRANSPORT/OCEAN Your country needs you: Spend! Schedule slippage When shareholders attack ‘Give-and-take’ balances UNCITRAL 58 58 64 66 69 TRANSPORT/INLAND China beckons logistics providers China still draws offshore business Globe-trotting truckers 72 72 74 75 PORTS Court puts cargo case in reverse 76 76 SERVICE ANNOUNCEMENTS FEFC eastbound up in 2007 despite 4th quarter dip ... Rickmers-Linie adds ship to Pearl String ... APL Logistics adds China/ U.S. guaranteed FCL service ... U-Freight adds U.S./Southeast Asia service ... “K” Line joins China/Red Sea loop ... CMA CGM finds NEMO home in Tauranga ... CMA CGM to continue EPIC journey alone ... Hamburg Sud integrates Costa’s services DEPARTMENTS Comments & Letters The Strategic View Shippers’ Case Law Corporate Appointments Service Announcements Editorial 2 24 76 77 78 80 March 2008 On the Cover Forwarder momentum 36 MergeGlobal is back in partnership with American Shipper in 2008 for another year of transport and logistics industry analysis. In its first report, the MergeGlobal team provides its perspective on how and why freight forwarders are able to generate attractive financial returns that asset-based air and ocean carriers can only dream about. 10 + 2 = $$$$ 6 The U.S. proposal to collect detailed information about containerized imports has shippers on edge because of concerns about compliance costs, difficulty of overhauling business practices, IT and whether all their efforts actually improve security. However, software providers who will help much of the industry connect to CBP systems say the integration job is manageable, and will ultimately benefit business. Big IT fishes for 3PLs 20 Information technology giants spend millions of dollars a year on R&D and sales promotion, but will it be enough for these firms to reel in the potential rewards from the highly fragmented 3rd-party freight transport field? They think so, and for the hook SAP and Oracle offer what they believe to be scalable, yet affordable, IT programs specifically devoted to the market. Smaller firms cast their lines as well. Shifting trade winds 60 Shipping companies reduced their container capacity out of the transpacific in the last part of 2007 while increasing the number of slots on services in the Asia/Europe trade, according to statistics compiled by American Shipper’s affiliate ComPair Data. While carriers point to seasonal adjustments, the lines are also responding to rapid growth in the Asia/Europe trade that is expected to continue in 2008. Daily News Updates americanshipper.com Feature Articles & Analysis Your subscription to American Shipper brings you both American Shipper Magazine AMERICAN SHIPPER: MARCH 2008 1 Measures require reasonable access vs. reasonable risk In a Feb. 4 Shippers’ NewsWire item, headlined “TWIC enrollment at nation’s ports off to slow start,” Keith Higginbotham gave a good recap of the Transportation Worker Identification Credential progress. He highlighted that 69,000 TWIC applications had been received against an estimated population requiring TWIC cards of somewhere between 750,000 and 1.5 million. Having for a time been closely involved with maritime security issues for a major container carrier, I have followed TWIC progress with varying degrees of interest. I recall a congressional hearing that took place in mid-2007 at which Kip Hawley, the Transportation Security Administrator and assistant secretary for Homeland Security, was a principal witness. He was well prepared. Initial portions of his testimony listed problems associated with TWIC and what TSA was doing to address these issues. Early on he took some of the steam out of a panel eager to criticize. In subsequent back and forth with the panel Hawley said TWIC represented a degree of access security that no one in the world had achieved, and that this sophistication was a major component of the extended time frame in implementing TWIC. As an interested observer and a taxpayer, my initial reaction to this description of TWIC was: Why? What risk assessment had been undertaken, the results of which indicated that a U.S. marine container terminal needed this degree of access security? From where I sat in the maritime security debate, no such study had been produced. In fact, administration officials with whom I had some contact did not view the maritime security environment at the top of the risk list. Congress was a different story as maritime security became politicized and posturing opportunities arose. In the post 9/11 environment TWIC took on an iconic role in homeland security as did other elements of the maritime sector. Progress on some icons — e-seals, and container security devices for example — has slowed as current technological realities became evident, while others, such as 100 percent scanning, continue despite warranted skepticism as to practicality. The last I heard, the cost to date of TWIC was $100 million, which covered mainly card development, leaving progress and implementation of card readers for a later date (and greater cost). Several years ago my company participated in one of the trade lane studies conducted under the auspices of Operation Safe Commerce. At the end of the project I saw the 180-page report produced by the consulting firm who managed the test. I viewed the report with some trepidation, as I was fearful of a consultant-inspired “all-ahead flank” approach to the value of cutting-edge technology in solving any and all maritime security concerns. As I got into the report I found myself reading a well-prepared, real world view of the maritime security environment. Current CEO Hayes H. Howard Jacksonville hhoward@shippers.com Publisher Jim Blaeser New York blaeserj@shippers.com Editorial Christopher Gillis, Editor Washington cgillis@shippers.com Gary G. Burrows, Managing Editor Jacksonville gburrows@shippers.com Eric Kulisch, Associate Editor Washington ekulisch@shippers.com Eric Johnson, Associate Editor New Delhi ejohnson@shippers.com Simon Heaney, Associate Editor London london@shippers.com Chris Dupin, Associate Editor New York cdupin@shippers.com Keith Higginbotham, Assoc. Editor Los Angeles keithh@shippers.com Stephen Fontanella, East Coast Rep. (212) 422-2420 stevef@shippers.com Sales Caroline Binick, Gulf Coast, Midwest (713) 521-9339 cbinick@emmettcompany.com Advertising Nancy B. Barry, Adv. Prod. Manager Production Jacksonville nbarry@shippers.com Art Jason Braddock, Art Director Jacksonville jbraddock@shippers.com Donna Porter, Graphic Designer Jacksonville dporter@shippers.com Shipping Research Simon Heaney London london@shippers.com Francis Phillips London fphillips@shippers.com Stephen Wynn Jacksonville swynn@shippers.com Circulation Karyl DeSousa Kerry Cowart Jacksonville circulation@shippers.com Web/Tech Kathy Houser Support Jacksonville khouser@shippers.com Vol. 50 No. 3 American Shipper Corporate Offices Jacksonville (800) 874-6422 (904) 355-2601 Fax: (904) 791-8836 300 W. Adams St., Suite 600 P.O. Box 4728 Jacksonville, FL 32201 London +44 (20) 8970-2623 Fax: +44 (20) 8970-2625 Empire House Empire Way, Wembley North London HA9 0EW, England Washington (202) 347-1678 Fax: (202) 783-3919 National Press Bldg., Rm. 961 Washington, DC 20045 New Delhi (562) 366-4384 (U.S. number) New York 2 (212) 422-2420 Fax: (212) 422-0047 61 Broadway, Suite 1603 New York, N.Y. 10006 AMERICAN SHIPPER: MARCH 2008 Long Beach (562) 421-4185 5219 E. Flagstone St. Long Beach, CA 90808 March 2008 American Shipper is published monthly. Published on the 15th of each preceding month by Howard Publications, Inc., 300 W. Adams St., Suite 600, P.O. Box 4728, Jacksonville, Florida 32201. Periodical postage paid at Jacksonville, Florida, and additional mailing offices. Subscriptions $36 per year for 12 issues; $180 for air mail. Telephone (904) 355-2601. American Shipper (ISSN) 1074-8350) POSTMASTER: Send Change of Address Form 3579 to American Shipper, P.O. Box 4728, Jacksonville, Florida 32201. Printed in U.S.A. Copyright © 2008 Howard Publications, Inc. To subscribe, call 1 (800) 874-6422 or visit www.americanshipper.com ability w w w. i n t e r m a r i n e u s a . c o m Intermarine. INTELLIGENT TRANSPORT SOLUTIONS> Project transport requires more than just ships—it requires the right ship and the right people to assure safe and on–time delivery. Intermarine provides both. Whether your project requires our new shallow-draft Diamond Class vessels with 500 metric ton lift capacity, a modern RO–RO, or even semi–submersible vessels, our people determine the most effective way to safely handle your cargo and deliver it on schedule. In fact, we handcraft more than 250 voyages a year to meet our clients’ specific needs. Don’t shoehorn your cargo into someone else’s itinerary; let Intermarine position the right ship for your schedule. At Intermarine, our people make your cargo move. MANAGING AGENT FOR INDUSTRIAL MARITIME CARRIERS | 800.229.8701 tel technology limitations and the experimental status of many security devices were recognized. Further, some existing security measures, including the ISO 17712 bolt seal, were seen as actually providing some value. In the context of TWIC, surely there must be existing methods of establishing reasonable access to U.S. marine terminals commensurate with reasonably evaluated risk. Whatever happened to Operation Safe Commerce? Alan T. Hicks Washington Let’s fix this communication problem! Our industry is about information and communication. Our customers depend on accurate, on-time and even proactive information in order to manage their increasingly complex global supply chains. Fast distribution of information is seen as a key value differentiator, and more and more companies have created solutions that come to our e-mail inboxes almost instantly. As technology is available and utilized, Web sites are more interactive and accurate than ever. Therefore we should all know what is going on with pretty much anything, internally or externally. Right? Unfortunately, this does not seem to be the case at all. We have a great divide in our industry — the ones who know vs. the ones who don’t. I travel around this country a lot. I am fortunate to meet many people, from CEOs to local department managers, in addition to airlines, forwarders, ground handlers, truckers — a pretty solid cross section of the U.S. air cargo industry. The problem as I see it is the growing gap between information (company specific and industry wide) that is available and understood by the local managers and employees. Interestingly, when you look at this issue more on a company by company basis, you realize very quickly one thing: Our most successful players in the industry also have the most well-informed employees! Now, I do not have scientific data to back that up, but trust me — it’s true. How many companies have a strong communication process and flow to every employee in the organization? How many local offices hold truly regular employee meetings where company goals, industry issues and initiatives are being shared and discussed? How well are company goals truly explained — behind the simple number of KPI? None of this is a matter of company size — it is as important in a small structure as it is in a large and global one. Our industry has to manage change every day — from security, quality, flight changes, and customer expectations. The list is endless. Front line employees need to know more than ever to act in the best interest of the customer. That begins with both solid internal and external communication. Otherwise, if the have-nots don’t take action to address this problem they will rapidly become the has-beens. Jens Tubbesing president, Cargo Network Services Corp. Garden City, N.Y. 4 AMERICAN SHIPPER: MARCH 2008 Keeping ’em honest After listening to logistics consultant Curtis Spencer speak for the umpteenth time on supply chain security during the American Association of Exporters and Importers winter conference, the question on my mind is, why do so many trade associations and conference organizers give him a platform to speak? Spencer is president of IMS Worldwide Inc., a Houston-based firm that specializes in providing real estate developers and international businesses advice on setting up foreign trade zones, inland ports and industrial parks. In recent years the company added a supply chain security practice. Spencer has been connected to the Commercial Operations Advisory Committee ever since he was selected to his first term in early 2005. Belonging to this influential Department of Homeland Security sounding board undoubtedly conveys prestige and a certain level of inside access for one’s company. But most committee members are very low-key about trumpeting their association, and focus on providing industry perspectives to government. COAC isn’t supposed to be used as a marketing tool. Spencer is an entertaining speaker, but his visibility gives the appearance he’s COAC’s spokesman, when that role is actually held by Boeing’s Bruce Leeds. And it leaves the impression that he is an authority on supply chain security matters. The problem is he tends to hype the industry impact of DHS security measures and is too loose with facts when it comes to describing what’s going on in the policy arena. During the AAEI conference, Spencer made a series of inaccurate statements: • He indicated container security devices are one of the three legs of the Secure Freight Initiative. Not so — the legs are a pilot program for automated 100-percent container inspections in seven overseas ports, collection of more advance information through the “10+2” regulation, and use of the Global Trade Exchange third-party database to enhance cargo risk analysis. • He stated only 1 percent of inbound cargo is scanned overseas under the pilot program. Not so — less than 1 percent of incoming containers are actually run through detection machines at Container Security Initiative ports where targeted inspections take place overseas; DHS has said it will inspect roughly 7.5 percent of all inbound cargo when the pilot is running full steam at all seven ports. • He said 80 percent of cargo entering the United States is being scanned either at the U.S. port or overseas. That’s fundamentally wrong because Customs and Border Protection only scanned about 5 percent to 6 percent of the cargo during the past three years, and now is doing a bit more under the Secure Freight Initiative pilot. CBP also says it is conducting radiation detection checks on 98 percent of all ocean containers at U.S. port locations. The figure Spencer was referring to is that 80 percent (now closer to 85 percent) of all ocean containers entering the United States go through a CSI port, according to CBP. But that’s a big difference than saying they all get inspected. It just means they have the possibility of being inspected if their risk score triggers an alert. One can explain away some of these factual errors as minor inconsistencies given in a fast-moving presentation. But there is a lot of confusion in the industry about what CBP is doing and how security regulations will be implemented, which makes it doubly important to give accurate information. (Eric Kulich) YOU NEED TO SOURCE FROM EMERGING MARKETS. YOU NEED HANS MIEDEMA. When does Agility’s Hans Miedema consider a job done? When he successfully executes critical gas turbine shipments for his global energy customer? When he applies Lean Six Sigma Methodology to eliminate defects for his clients in Eastern Europe and India? For Hans, and over 29,000 more Agility employees in over 100 countries around the world, success isn’t measured in parts assembled or products shipped. Success occurs when our partners achieve their goals. It’s an intimate approach to logistics that demands individual attention and personal ownership. It’s how Hans Miedema brings Agility to supply chain challenges. Hans Miedema Regional Support Leader, Agility Global Account Team agilitylogistics.com 10 + 2 = $$$$ Import industry deals with cost and confusion of proposed cargo security rule. BY ERIC KULISCH T he U.S. government’s “10+2” proposal to collect more detailed information about containerized imports has international shippers on edge because of deep concerns about the cost of compliance, the difficulty of overhauling business practices, information technology and whether all their efforts actually improve security. Despite all the hand-wringing, software providers who will help a large segment of industry connect to systems at U.S. Customs and Border Protection say the integration job is manageable and that the security filing requirement will ultimately prove to be a benefit for business. Several likened the effort to implementation of the 24-hour rule in 2003 when Customs required carriers and non-vessel-operating consolidators to electronically file manifest information in advance of container loading, and the industry adapted and flourished under the new system. Congress required regulations for advance electronic data in the SAFE Port Act of 2006 to protect against terrorist smuggling of weapons or materiel. The security filing is designed to provide more accurate data for CBP’s Automated Targeting System that determines which inbound containers should be inspected by automated means. Importers, or their agents, will have to file 10 types of data identifying the manufacturer, consolidator, buyer and receiver of the goods, as well as a detailed product description 24 hours prior to vessel lading overseas. Under the proposed rule, vessel operators must submit their stowage plans identifying the onboard location of each container within 48 hours of vessel departure from the foreign port, and submit container status messages on an ongoing basis. There are exceptions for freight remaining on board or shipped inland for exportation through another port, and ports of call within two days cruising time. CBP is proposing that importers report their filings via the Automated Broker Interface (ABI), used by licensed customs brokers to file entries and conduct other customs business, and the Automated Manifest System (AMS), used by ocean carriers to file advance cargo declarations. The proposal would open access to ABI for authorized agents handling the “10+2” data submission. CBP, which worked for several years to develop the data collection capability, has said it will phase in enforcement of the rule over 12 months to help importers adjust to the new requirement once it is finalized. The agency recently extended the public comment period for the proposed rulemaking by 15 days until March 18. Importers, logistics service providers, software vendors and trade compliance “This is substantially larger than the 24-hour rule because it touches a much wider community than ... companies that transport goods. It covers hundreds of thousands of importers and all their agents. And it raises questions about the mechanics of how to do it, liabilities, powers of attorney, bonds — things that we didn’t expect that showed up in this rule that we are still trying to digest.” Arthur Litman former vice president of regulatory affairs, FedEx Trade Networks consultants are scrambling to figure out how to implement the potential new requirements, and hope that the final rule will address many perceived pitfalls and areas of confusion. Among the questions importers must resolve are: • Where to find the data? • Who will collect it? • Who will consolidate it? • Who will transmit the data to CBP? • How will it be tied to the bill of lading and the two carrier reports? • Who will notify the carrier that the file has been sent? • How will it be transmitted in a timely fashion? • Who will correct the data? • Who will audit the filing? • How is data confidentiality maintained? “There’s no doubt in my mind that this is substantially larger than the 24-hour rule because it touches a much wider community than those limited set of companies that transport goods. It covers hundreds of thousands of importers and all their agents. And it raises questions about the mechanics of how to do it, liabilities, powers of attorney, bonds — things that we didn’t expect that showed up in this rule that we are still trying to digest,” said Arthur Litman, vice president of regulatory affairs at FedEx Trade Networks, prior to his retirement in early February. “It’s as big a change as I’ve ever seen,” said the usually understated Litman, who gave a presentation on the subject at the American Association of Exporters and Importers winter conference Jan. 21-22 in Newport Beach, Calif. The timing is especially difficult because the trade community, faced with limited resources, also has to contend with the entire entry process moving out of the Automated Commercial System (ACS) to the Automated Commercial Environment (ACE) in two years, a looming Census Bureau mandate to electronically file shippers export declarations and a recent CBP proposal to eliminate the favorable import valuation methodology available under the First Sale Rule, he pointed out. Each of those changes requires traders to make changes to their internal IT systems that communicate with CBP. Companies like IES, Descartes, TradeTech, GT Nexus, Kewill Systems and Management Dynamics that provide freight transportation software to the customs AMERICAN SHIPPER: MARCH 2008 7 LOGISTICS broker, forwarding and non-vessel-operating common carrier industries plan to have ready-for-use applications within their software programs by the time CBP implements its “10+2” rulemaking. “It will be disruptive for the first 90 days and then everybody will like it,” said Jason Kohler, director of business development at IES. Cost And Complexity. Many companies that depend on import trade have voiced strong concerns that the new rulemaking will add significant cost and slow down their supply chains because of the extra time needed to collect all the required data from foreign suppliers. Some data elements are not normally collected from suppliers, can be hard to track down or are not known early in the process. A last-minute order, for example, may lead to a container being filled from a different production line than normal, there may be no consignee to list because sometimes goods are not sold until they are on the water, or the exporter could be the importer of record and hold the goods in a warehouse until they are sold. Importers also may not know the container stuffing location, consolidator, country of origin, or six-digit harmonized tariff number 24 hours prior to loading. And consider non-product transactions such as shipments of samples, repairs, marketing materials and intra-company components. Those items typically do not reside on an enterprise resource system because they are not part of a contract. This makes it difficult for the importer to know The rule will cost industry from $390 million to $630 million per year for security filing transaction costs or transmission fees charged to importers by cargo agents, the potential for supply chain delays and the estimated costs to carriers for transmitting the additional data to CBP. U.S. Customs and Border Protection economic analysis 8 AMERICAN SHIPPER: MARCH 2008 No single service provider has geographic or technological reach to handle security filing themselves Vessel carrier AMS Yes Security filing No Customs clearance No Office structure Global Systems access Global Services importer Yes Services exporter Yes NVOCC Yes Yes No Global Global Yes Yes Customs house broker No Yes Yes Local Local Yes No 3PL Yes Yes Yes Global Local Yes Yes Consolidator No No No Global Global Yes Yes Security filer Yes Yes No Global Global Yes Yes Source: TradeTech. the parties to the supply chain, logistics veterans say. When the owner of a gadget in India ships it back for repair, the U.S. company is technically the importer even though it has no control over that part. Consolidators, in particular, are likely to advance their cutoff times for receipt of shipments to allow importers sufficient time to transmit the security filing so they don’t have to unpack a container in the event CBP rejects a report for being incomplete. The extra lag means that importers are likely to increase their inventory levels. Study ‘Understates’ Costs. The CBP and Office of Management and Budget analysis of the rule’s economic impact predicted that shippers would likely have to add another day to their normal transit schedules to account for the information gathering during the first year of implementation, and experience an average delay of 12 hours in the second year onward. According to CBP’s economic analysis, the rule will cost industry from $390 million to $630 million per year for security filing transaction costs or transmission fees charged to importers by cargo agents, the potential for supply chain delays and the estimated costs to carriers for transmitting the additional data to CBP. The total present value cost calculation is estimated at $3.3 billion to $5.3 billion for the next 10 years, based on assumptions about the most likely scenarios. At the micro level, CBP estimates the security filing will add $24 to $38 per import transaction and that filing costs will average $10 to $50 per transaction. Some sources say their companies have determined that the rule will add two or more extra days to their supply chain. One large manufacturer estimates that each extra day equates to about $300 million in inventory carrying costs. They are frustrated that after years of optimizing the supply chain to move cargo at great speed and reduced cost, shipments must now wait for information to catch up with them. Traders also are footing the cost to build or modify their systems, which don’t have fields for the new data requirements. An executive for a high-tech company who is not allowed to speak for public attribution complained that the OMB’s economic analysis only dealt with inventory carrying costs and ignored opportunity costs from lost sales, handling and storage costs, adjusting production schedules and cash flow. The major soft cost will be training hundreds of thousands of people in a short span of time, chimed in Bryn Heimbeck, president of TradeTech, a Seattle-based supply chain and transportation management software provider. As for inventories themselves, the study calculates the cost of a one-day delay in the supply chain as 0.06 percent to 0.1 percent compared to 0.8 percent in a 2001 Purdue University study. U.S. Trade Representative Susan Schwab told reporters following the November ASEAN meeting in Singapore that every day goods rest waiting for customs clearance is equivalent to a 1 percent tariff — roughly a 10-fold difference from CBP’s economic impact analysis. The executive also said OMB’s estimate for information collection costs only covers filing fees that importers will pay intermediaries, and not costs associated with generating a data pipeline to pull together all the information from suppliers. Another flaw is the focus on potential delays for consolidated shipments without recognizing that single-shipment loads will also face delays as carriers move up cutoff times to make sure the security filing has been properly transmitted. “So this study understates the costs by a very high order of magnitude,” the hightech trade manager said. CBP acknowledges difficulty determining hard figures for its cost-benefit analysis because of the challenge evaluating to what ASEMEDSHIP06_JLB 9/6/07 1:25 PM Page 1 SECOND TO NONE Mediterranean Shipping Company (MSC) the second largest ocean container carrier in the world, grows by leaps and bounds with new vessels, new containers, expanded ports of call, terminal operations, inland depots, state-of-art information technology, combined with creative logistic planning and always competitive rates. Standing tall and meeting the challenges of today’s container shipping industry, MSC comes in…Second To None… MEDITERRANEAN SHIPPING COMPANY (USA), Inc. WE BRING THE WORLD CLOSER as agents for MSC Mediterranean Shipping Company S. A. (212) 764-4800, NEW YORK www.mscgva.ch ATLANTA 770-953-0037 LONG BEACH 714-708-3584 MIAMI 305-477-9277 BALTIMORE 410-631-7567 NEW ORLEANS 504-837-9396 BOSTON 617-241-3700 NORFOLK 757-625-0132 CHARLESTON 843-971-4100 CHARLOTTE 704-357-8000 WILMINGTON, N.C. 910-392-8200 CHICAGO 847-296-5151 CLEVELAND 440-871-6335 BAHAMAS, FREEPORT/NASSAU 242-351-1158 DETROIT 734-955-6350 MONTREAL, CAN 514-844-3711 HOUSTON 713-681-8880 TORONTO, CAN 416-231-6434 VANCOUVER, CAN 604-685-0131 LOGISTICS extent the “10+2” rule could reduce the possibility of a hypothetical nuclear or biological attack. According to its analysis, the proposed regulation would need to result in avoiding one nuclear attack during the next 600 to 1,100 years just to break even. Other Issues. Aside from the cost, the trade community is concerned about technical, process and legal issues. A controversial element of the “10+2” proposal is the requirement that the report link the country of origin, manufacturer and tariff number as a package the way they are on the customs entry form. CBP did not adopt the recommendation last year by its Departmental Advisory Committee on Commercial Operations, or COAC, to move up the customs entry process to allow importers to make one filing for customs entry and security purposes, thereby streamlining the compliance process and justifying an early notice of conditional cargo release. Importers complain they are essentially paying third parties to file two similar forms since most of the data sought on the security filing is documented on the entry. “The potential programming costs to the importing community are astronomical,” Susan Kohn Ross, a Los Angeles-based trade attorney for Mitchell Silberberg & Knupp LLP, wrote in a client alert. “Despite this fact, Customs continues to ignore the practical suggestion to write an algorithm that would cause its Automated Targeting System to make all the possible matches and determine whether any combination created a risk. If so, that shipment would be subject to inspection. Instead, Customs insists on putting the burden on the trade to link the three data elements at the line item level when filing,” she said. Another big issue is that seven of the 10 data elements are not part of the data set espoused by the World Customs Organization, which is trying to promote a global standard for trade security to ease the burden for companies operating in multiple countries. “It will be disruptive for the first 90 days and then everybody will like it.” Jason Kohler director of business development, IES 10 AMERICAN SHIPPER: MARCH 2008 Data is decentralized and confidential Importer’s responsibility to provide Manufacturer, name/address Seller name, name/address Buyer name, name/address Ship to name, name/address Container stuffing location, name/address Consolidator, name/address Importer of record number Consignee number Country of origin HSUSA (6) (Cargo classification number) Available at Origin Origin Origin Origin Origin Origin Destination Destination Origin Destination Confidential Potentially yes No Potentially yes No Potentially yes No Yes Yes No No Source: TradeTech. Many individuals and organizations have pushed for an account-based filing system in which top-tier trusted shippers or repetitive filers periodically store data in the importer’s electronic account with CBP. That would spare companies from having to key in the same information and only put in the data that is different for each shipment. They say that providing that type of benefit is the whole purpose behind the Customs-Trade Partnership Against Terrorism. The industry also wants some kind of electronic confirmation from CBP that their filings have been accepted in its system so the carriers can safely load their freight on the vessel. As it stands now, CBP will notify the importer that it has received the security filing, but won’t show the actual data elements or the identity of the party who filed them. Importers say they want the power to correct mistakes in the forwarder’s filing. The concern is that multiple parties in the supply chain are submitting information to the agent on the importer’s behalf, but the importer can’t check it for accuracy. Industry professionals also say carriers need independent assurance that a security filing has been transmitted because otherwise it opens the possibility of a mix-up that could affect many shippers, especially for a container with a mixed load. NVOs, therefore, have agitated for some independent confirmation to avoid the risk of unloading the vessel or turning the goods around to the packing station. COAC has pointed to the Census Bureau’s Automated Export System as a good model. It sends a unique identifier (the ITN number), confirming that the export declaration has been received. Then the carrier could query the bill of lading and associate it with the security filing code to confirm it is cleared. Logistics professionals say it is critical for importers to more closely collaborate with suppliers to avoid any surprises. Trade consultant Beth Peterson recommended that importers insist that agents send them or their broker a copy of the filing and think about ways to audit the information. Shipment pre-alerts or pre-advice will no longer be optional and bill of lading details must be obtained by the importer or its agent prior to container arrival at the foreign port, Susan Pomerantz, vice president for trade management consulting at JPMorgan Global Trade Services, warned in the company’s February customer newsletter. Value To Business Process. Several consultants and trade management software providers said the trade community should look beyond cost and realize that the rule will serve as a catalyst to improve business process in much the same way the 24-hour rule did several years ago. Container lines, NVOs and importers all complained that the 24-hour rule would be expensive, difficult and lead to shipment delays. Instead, it’s widely believed the advance manifest requirement has helped improve efficiency by forcing the foreign shipping entity to produce and deliver the bill of lading faster to the carrier, which uses the information to produce the electronic manifest. Customs brokers in the United States, in turn, benefit because they no longer have to wait for the B/L to complete the customs entry summary and clear the goods out of the port after the vessel arrives, as often occurred in the past. The security filing “is going to force (businesses) to capture more visibility into their supply chain and could really assist them with their logistics flow,” said Sam Banks, a former deputy commissioner at U.S. Customs and now an executive vice president at Sandler & Travis Trade Advisory Services. 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A key federal advisory panel on Feb. 13 asked U.S. Customs and Border Protection to phase in the operational rollout of a new import cargo security measure for advance data and publish it as an interim rather than a final rule to ensure smooth implementation. The government is collecting comments on its so-called “10+2” proposal that would require importers to electronically provide details about a shipment’s chain of custody 24 hours prior to vessel departure overseas. Ocean liners would have to submit container stow plans and status messages. The rule is controversial because it would require most companies to reconfigure business processes, invest in new information technology connections and possibly delay shipments until they can collect some of the data elements they currently don’t receive in the transaction process. CBP has stressed in the run up to the rulemaking process that it intends to allow for a one-year learning curve until full enforcement kicks in. The Commercial Operations Advisory Committee stressed in an eight-point letter that the phase-in period should also apply to the actual technical mechanics of implementation so that importers, their agents and CBP can align their systems to properly transmit and receive the information without glitches that could disrupt commerce. It recommended that the effective date for all filers be 12 months from the time of the final rule, subject to implementation progress. COAC, meeting in Tucson, Ariz., also said an interim final rule would allow industry to see the details of the data requirements and give them time to develop or adapt their systems and software to properly transmit the filing. agreed that the government mandate for this information would push forward trackand-trace capabilities that have largely been the domain of giant companies like Target to the import market at large. Today, many companies do not bother tracking their purchase orders. Others may have trade compliance systems they have not integrated with operating systems, small carriers with limited data exchange capability, or freight forwarders with systems in which status messages are often based on estimated arrival times instead 12 AMERICAN SHIPPER: MARCH 2008 An interim final rule has the full force and effect of law, but it allows stakeholders to continue submitting comments that the agency will consider before deciding whether to issue a revised final rule or confirm the interim rule as final. CBP Commissioner Ralph Basham assured the 20-member industry body that “we recognize that we need to do this in an appropriate way (and) establish a timeline that does not cause failure” for CBP or individual comBasham panies. He promised that the agency would continue to work with the trade community on implementation. Christopher Koch, president of the World Sh ip pi ng Council, repeated a request voiced by others that CBP find a way to start the dialogue on data formats and other IT requirements even as the agency maintains silence on the rule, Koch as required by law, during the open comment period. COAC’s other recommendations are: • Eliminate use of liquidated damages to penalize companies for inaccurate or late security filing because the threat of “no load” messages preventing a shipment on a vessel is a sufficient penalty and deterrent. • Avoid “linking” the data elements in the importer security filing. Instead filers should transmit all required information in an established format, allowing CBP of the actual location of the cargo. And the information is often at the inventory level rather than the shipment level. The Holy Grail of logistics is to know exactly what shipments are in the pipeline and how many days they are from their destination. A manufacturer may notify its customer that their order is scheduled for ocean transport on a particular day, but a black hole often exists about whether the ship is on time, whether the box made its rail connection, if it got hung up with Customs inspections or other events. to manipulate the data to best achieve security screening. • Provide a timely confirmation message (with a unique identification number issued) indicating that the security filing has been completed, filed and accepted. Industry wants this so that foreign shippers and carriers have confidence to move ahead with loading a shipment without fear of future penalty. • Clearly describe the type, length and definition of each required data element in the regulations and any accompanying instructions, so that filers may properly program their IT systems to accommodate the security filing. • “10+2” and the World Customs Organization’s SAFE Framework of Standards for supply chain security should be harmonized. • Clearly define the carrier messaging requirements. • Conduct a “more realistic and collaborative cost benefit and feasibility study” because total industry costs are understated in the Notice of Proposed Rulemaking. COAC indicated that it was not objecting to CBP’s strategy of collecting more advance import data, but simply seeking process changes. Bruce Leeds, a senior import-export manager for Boeing and COAC’s chairman, said the panel reserved the right to call a special teleconference meeting on March 14 to determine if COAC needs to submit more detailed recommendations before the comment period closes on March 18. Rich DiNucci, CBP’s “10+2” program manager, said he is considering holding a public roundtable with one or two companies who are sharing import data with CBP as part of the Advance Trade Data Initiative to test transmission methods. The companies have volunteered to share their experiences so far to help give the trade community a comfort level with the filing process, he said. Logistics experts say that true inventory visibility can help companies respond more quickly to the ebbs and flows of consumer demand, improve dwell times and reduce inventory levels. The sooner an importer can discover a problem with a shipment the sooner it can make contingency plans for reordering, diverting or expediting the goods. And further detail can help an importer sort out which container in a multi-container shipment on the dock is the one with the out-of-stock, or seasonal merchandise that LOGISTICS needs to be rushed to the store and which containers can be picked up later. “Up until now, people just said it was too difficult and expensive. But the business community is going to benefit from a substantial business process improvement as a result of that implementation” after initial costs are sorted out, Heimbeck said in a phone interview. Importers could doubly benefit if CBP fed back to importers all the container status messages that the carriers also submit, similar to how NVOs now receive feedback on vessel arrival times and other information captured through AMS, he added. They would get a full picture of their cargo in a single platform without having to go to each carrier’s Web site or multi-carrier portals. “We’re imagining that people will actually use this as a tool so they have visibility of all their inventory in a carrier-indiscriminant technology and use that data to make cargo management and expediting decisions,” Heimbeck said. Redundancy. Another potential business benefit of “10+2” is that it could streamline the process of creating the customs entry, according to officials at software provider IES. The Midland Park, N.J.-based company, which provides an integrated suite of international transportation management tools for intermediaries, plans to take advantage of the shared data requirements between the security filing and the entry summary to automatically pre-populate data fields and minimize keystrokes in the entry system. Kevin Gavin vice president of supply chain management, IES “When you add up the AMS and ‘10+2’ data, you really have a customs entry. That’s quite an advantage if the broker controls the data and a disadvantage if they don’t.” 14 AMERICAN SHIPPER: MARCH 2008 Scope is essentially full customs clearance 10 + 2 Manufacturer, shipper M. B/L and H. B/L name/address Voyage number Seller name/address Carrier SCAC Container stuffing location Cargo quantity/measure Buyer name/address Last foreign port of call/date Ship to name/address Port of loading/date Importer of record number Date of vessel sailing/port of loading Consignee number Port of discharge/date Country of origin Container number/seal number/container size HSUSA (6) Vessel Name/Flag/IMO Consolidator name/address Hazmat code Container stow plan Consignee name/address Container events Shipment type (LCL/FCL) PTT/I.T. Information Transportation Entry Type (I.T./T&E, FOB) First Foreign Place of Receipt Commodity description (free form) AMS ABI Entry number/type Port of entry Filer code Surety number Exporting country Foreign port arrival Entry value HSUSA (10) Other agency requirement There will be no standalone security filing. Source: TradeTech. “We won’t let that data system go to waste,” said Kevin Gavin, vice president of supply chain management at IES. The firm’s technology does the same thing with AMS data to help populate its import breakbulk brokerage system and then link the message to the entry process. Officials say their work essentially is limited to building out the AMS application to support 10 more data elements. “When you add up the AMS and ‘10+2’ data, you really have a customs entry. That’s quite an advantage if the broker controls the data and a disadvantage if they don’t,” he said. Four of the security filing elements — importer of record number, consignee number, country of origin and Harmonized Tariff Schedule (HTSUS) number at the 10-digit level — are identical to elements submitted on customs entry or entry summary forms. CBP proposes to reduce redundant transmissions by allowing importers and brokers to submit these elements once, via the same transmission, for their entry or entry summary. The rule says the agency will pull the four data elements from the filing and link them to the entry. The move is a nod to COAC, which recommended that CBP allow entries to be filed earlier along with a couple extra pieces of information. But there is no way to implement the process because CBP has indicated it is not prepared to do the necessary programming in ACS or ACE to accommodate the change, according to Peterson. ACS is on its final legs and agency officials have said they don’t want to do anything that would impact the rollout of ACE, which means ACE will eventually have to be programmed a second time if early entry is actually implemented, she said. Other trade compliance experts said the provision is useless without the programming, and has created confusion that the security filing may substitute for the entry process. And CBP has also given no sign that it will release goods sooner than the current timeframe of five days prior to vessel arrival. That is raising questions about whether importers would have to retransmit the entry to get the cargo released, thereby doubling the workload for the broker and eliminating any benefit for early filing. Security Or Punishment? The rationale behind the security filing is to enhance the computerized decision support tool that relies on limited ocean manifest information submitted by the liner companies to help identify shipments requiring additional scrutiny. The Automated Targeting System uses hundreds of rules to check manifest and other data for every container heading to the United States and assigns a risk score to each cargo shipment. High-risk containers or manifest information that is incomplete or not filed 24 hours prior to loading can trigger a “no-load” message from CBP. But trade compliance professionals note that the rule refers to financial penalties rather than a “do not load” sanction for importers who submit late or inaccurate “10+2” data. Many industry practitioners believe that creates a scenario under which a ASENYKLINE03_JLB.indd 1 4/2/07 11:54:34 AM LOGISTICS container associated with faulty information can still be loaded on a vessel and shipped to the United States, essentially undermining the purpose of the rule to use additional screening criteria to catch suspicious cargo before it leaves the foreign port. The trade community was caught off guard by the provision setting penalties at the value of the goods because CBP never discussed the penalty option with industry working groups helping to develop the rule, industry sources said. They assumed that CBP simply wouldn’t allow a container with a faulty security filing to come to the United States, especially after the COAC recommended that the penalty for non-compliance should be a “no load” message. The 20-member industry body felt that delaying a shipment was sufficient motivation for shippers to submit timely and accurate information, and fines are unfair because importers have no control over the message filed by the exporter or overseas freight forwarder. “The importer has no control over this (process) even though they have full responsibility,” said Petersen, head of San Francisco-based Beth Peterson Enterprises Inc. “The potential programming costs to the importing community are astronomical.” Susan Kohn Ross trade attorney, Mitchell Silberberg & Knupp LLP Some import professionals say it’s inconceivable that CBP won’t use the additional data to halt shipments overseas, aside from the “do not load” option. Incomplete or faulty information will raise a shipment’s score and likely push it past the pre-set threshold for triggering container exams. But that security layer is different from an automatic “do not load” message. Although 85 percent of inbound cargo comes through 58 foreign ports where selective inspections can be conducted at U.S. request under the Container Security Initiative, the vast majority of high-risk shipments still undergo X-ray and radia- Broker evolution Brokers could adopt collaborative work model to maintain their role in security, entry filing process. BY ERIC KULISCH D uring development of the U.S. government’s “10+2” proposal, some questioned whether customs brokers would become marginalized since most of the data points on the entry could be completed by parties at the point of origin. But entry filing remains customs business that can only be conducted by a licensed broker. The real danger is that customers could abandon brokers who are unable to keep up with the fast-moving requirements for “10+2,” a proposed advance cargo security measure to collect detailed information about containerized imports. An industry shakeout or consolidation could affect brokers large and small alike. In either case there will be companies who adapt quickly and laggards that don’t make the transition, said Bryn Heimbeck, president of TradeTech, a supply chain and transportation management software provider. He noted that larger companies 16 AMERICAN SHIPPER: MARCH 2008 may have the resources to upgrade their operations, but start-ups and smaller companies often are more nimble. Many brokers also operate as forwarders and have the relationships with the trucking firms and other agents that pick up the merchandise from the supplier. If they don’t control the information at origin, IES, another transportation management software provider, said it expects to set the broker up as a notify party to the transaction to get the data it needs, as it does with Customs and Border Protection’s Automated Manifest System (AMS). The software developer is making sure that only the trusted agent can access all the information. Usually the broker has the relationship with the importer and does the customs clearance, but under the ruling the carrier or non-vessel-operating common carrier that files AMS can also submit the security filing. A large por- tion exams at U.S. ports. “It’s kind of obvious that you would be able to issue a DNL order, but it’s not stated clearly in the rule,” IES’s Kohler said. Late word from industry sources close to CBP is that agency officials have privately indicated that there will be a way to issue a “No Load” instruction through the same process used to stop shipments in AMS that don’t conform to the 24-hour manifest rule. How agents and carriers will coordinate their filings to avoid the risk of penalties is still an open question, they say. Sureties. The surety industry is also busy analyzing the impact the new rule will have on companies that issue customs bonds and the people who buy them. Insurance companies were surprised by the requirement that every importer or their agents obtain a bond to guarantee proper filing of the electronic data. CBP consulted with various trade associations involved in international goods movement, but did not talk with any customs bond surety groups or mention the idea at meetings of the Trade Support Network advisory panel, according to the rulemaking and industry officials. “What’s the point of a bond? Collecting tion of the security filing is simply more detailed AMS data identifying the shipper and consignee. IES will let the broker build a profile of its repeat suppliers so that the importer only has to supply the information one time and the report can be completed by selecting the specific template, thereby minimizing keystrokes and potential errors. The broker will only need to chase down information for new shippers or consignees. Heimbeck, whose company serves about 300 NVO customers, envisions brokers adopting a collaborative work model — or virtual assembly line — to maintain a role in the security and entry filing processes. TradeTech also has the ability to mask certain aspects of the filing from other participants — such as hiding the name of the buyer’s manufacturer from the importer to prevent back-channel sales. The system identifies who is entering an account and what information they should be given access to on a customer by customer basis. “I think we’re at a time when workflow technology is coming of age, where people working on a single computer can see information and add additional data to a core data set in a Web-enabled system,” Heimbeck said. The new work model would have the agent at origin key information into the system for the security filing and save it, where it becomes available to the broker to LOGISTICS liquid damages after the goods have been shipped to the United States doesn’t get us where we want to be,” said trade attorney Lee Sandler, who represents bonds issuers. Customs bonds are intended to guarantee that an importer complies with customs laws and pays duties, fees and taxes owed to the U.S. government after the goods are released. Importers prefer to use bonds rather than plunk down cash deposits because it ties up less of their capital. Premiums are generally inexpensive because of the low-risk sureties normally associated with customs bonds and the competitive bond market. The rule potentially creates a whole new class of bondholders — the foreign freight forwarder — and substantially increases the number of bonds that will be required. Foreign corporations who set up registered agents in the United States to do their own importing and afterwards sell the goods “delivered duty paid” will also need bonds. And the ruling doesn’t allow intermediaries to use their existing bond for the importer security filing. Brokers who intend to transmit the security filing would need to update their bond to reflect the new activity. “It’s one thing to write a bond for a U.S. importer located in the United States. It’s a different set of underwriting criteria to underwrite that same bond for a foreign freight forwarder in Bremerhaven. There are probably more questions in this document then there are answers,” said Michael Davenport, president of the International Trade Surety Association. Surety companies are trying to figure out who is supposed to have a bond, how to provide bonds to foreign agents, how to underwrite the new risk, whose bond is liable and whether rates will increase. Industry officials said they need more clarification from Customs on the bond requirements because they have no way to determine their increased exposure and how to spread the risk across their customer base. The requirements need to be carefully spelled out by CBP to limit the types of infractions that can affect the bond, said John Michel, president of Trade Risk Guaranty. “If you’re going to add more liability to the bond, then define it. Once we know the language, then we can analyze whether it justifies a change in rates,” he said on the floor of the AAEI expo hall. All Systems Go? Meanwhile, CBP is reassembling the team of field officers and targeting personnel who helped design the 10+2 proposal to help prepare technical changes to the agency’s systems. The goal is for data to be visually appealing and integrated with the Automated Targeting System that flags high-risk containers for inspection, CBP program manager Richard DiNucci said at the AAEI conference. CBP is also developing training and outreach programs for analysts on how to understand the new data and explain compliance to importers, carriers and transportation intermediaries responsible for transmitting the security filing, he said. Six carriers and 35 to 40 importers are voluntarily submitting early data to help test the interoperability of the agency’s systems, data formats and bandwidth capability to go line by line and classify the cargo. This method eliminates manual data entry steps because it drops the security filing into a nearly automated secondary process for the entry, complete with stored data fields such as the broker ID number, port of entry and other repetitive data. A secondary evolution in broker business could subsequently follow, Heimbeck said. Under this model, the broker would be tasked with pre-classifying the purchase order before the products are even made. The importer could send the broker a copy of the purchase order spreadsheet and the broker uploads the tariff codes to the shared system, where they are available to the foreign shipper to complete the security filing and transmits the report. Some sophisticated importers already classify their purchase orders in advance. Putting the broker at the beginning of the process allows for maximum time saving because the information is ready to be sent to Customs as soon as the foreign shipper gets the information in its systems — even while production is going on, Heimbeck said. It also adds more buffer time to make sure the filing gets done without endangering the ability of a shipment to get on the next outbound vessel. Many manufacturers are slow at producing commercial shipping documents, and take advantage of the long ocean voyage to get them to the customs broker. While they’ve sped up issuing the transportation instructions for the carrier bill of lading, they still lag in producing the commercial invoice and packing list used to complete the customs entry. Under the 24-hour pre-filing requirement time differences between continents could slow the import-export process, especially because so much cargo moves at the last minute to meet rapid fulfillment schedules. U.S.-based customs brokers are often asleep when shippers in Asia will file the documentation. Brokers, who previously used vessel transit time as a buffer to complete their entry work, may be hard-pressed to complete all the security filings they receive in a day, and if there is bad weather or an employee calls in sick the workload can spill over until the next day. The problem is most acute for shipments produced near major ports compared with those elsewhere that travel a few days on feeder vessel before being transloaded at the main load port, where the security filing requirement kicks in. Some brokers may incur extra cost to put on an extra shift to cover more hours in the day and meet their importers’ needs. “I think what you’re going to have to see is a process change that allows the shipper to compress the time so they can produce a document in far less time — a few hours to two days instead of seven to eight days,” Heimbeck said. He predicted that brokers, especially small and medium-size ones, will then push their customers to give them purchase orders in advance so they can move to preclearance and relieve a lot of pressure. “I think the collaborative model is most likely because it involves the least amount of change, but over the longer term I think you’ll see more and more people move towards the pre-classification model,” he said. The “10+2” rule will redefine what it means to be a broker, according to the technology executive. “Instead of being a passive information collector, they’re going to be a direct collaborator at the time of shipment and become a partner in the process of forwarding the cargo at origin.” “Some of our customers understand this is a seminal event that they need to worry about,” said Kevin Gavin, vice president of supply chain management at Midland Park, N.J.-based IES. “They’re looking to us, and asking, ‘How am I going to stay in charge with my importer of record? And we’re saying, ‘Don’t worry, we’ll make sure you have a service that you can stay in charge with.’ ” “It’s going to take a little bit of time to streamline the process, but in six months or a year it’s gonna be a benefit,” said Jason Kohler, IES’s director of business development. “Sureties don’t make money by restricting the pool of principles they sell bonds to. If you’re gonna have bonds, it’s gonna have to be a program that you can underwrite in a way that bonds are freely available and at low cost so sureties can make a profit,” said Sandler, a partner in Miami-based Sandler, Travis & Rosenberg. AMERICAN SHIPPER: MARCH 2008 17 LOGISTICS process the commercial feeds and route the data into its targeting system. Under the closely held Advance Trade Data Initiative (ATDI), Customs had received 26,000 security filings, 425 vessel stow plans and 45 million container status messages from its industry partners as of late January, DiNucci said. Litman publicly raised concerns at the conference that CBP has banned discussions with the trade about IT integration during the legally required quiet period when the agency is accepting comments and drafting its final rule. Successful implementation of the rule under expected timelines will be very difficult unless potential systems problems for filers and the agency can be resolved, said Litman, who pushed for a firewall of some sort to allow IT consultations to proceed while the policy blackout is in effect. “The trade won’t get a good look at how this will be programmed until the final rule comes out, and I don’t think that’s good for either party,” he said. Software developers say they have all the requirements they need to build the screens and workflow, but they can’t complete their products until the final rule is out. Litman also suggested that CBP wait to develop the new security program in the Automated Commercial Environment so that CBP and trade won’t be burdened with double programming within two years when the new IT system for administering commercial operations is fully available. Banks, who has dealt with customs issues from both sides of the regulatory arena, predicted that the “10+2” implementation could take longer than one year to get everybody on board and make the process predictable. “This will be very tough for both CBP and industry to do globally,” the ex-Customs official said. “If they are intending a big bang theory this could be very disruptive. They need to phase it in and refine it before they mandate everything.” Hundreds of thousands of companies will need to get signed up or certified to work on either ABI or AMS and then get power of attorney from the importer to file on their behalf. There are about 8,000 NVOs, customs brokers (2,000 to 3,000) and self-filers, connected to CBP via one of the two existing systems, according to industry experts. “Certifying them to exchange the data sets means CBP is going to have to onboard 30 systems a day every day for 248 consecutive business days. And then those people are going to have to turn around and onboard 300,000 importers (1,200 per day) 18 AMERICAN SHIPPER: MARCH 2008 and their shippers. This is a monumental task,” Heimbeck explained. Taking in information streams from that many importers led Banks to worry that the ATDI exercise wasn’t large enough to determine whether CBP’s legacy systems can withstand the new traffic levels. “CBP took a very rational approach, but there’s always unknowns. You’ve just got to be prudent when taking on these big systems issues,” especially when the entire import industry relies on the instantaneous performance of the agency’s systems to keep trade flowing, Banks said. ACE, the agency’s evolving IT system to monitor, control and expedite imports and exports, was actually developed because of concerns that ACS is not robust enough to handle the projected increase in entry filings. “This will be very tough for both CBP and industry to do globally. If they are intending a big bang theory this could be very disruptive. They need to phase it in and refine it before they mandate everything.” Sam Banks executive vice president, Sandler & Travis Trade Advisory Services The rollout of the electronic truck manifest in the past few years is a likely template for how CBP will approach the security filing’s technical challenges, he noted. CBP began the e-manifest program in Blaine, Wash., took the system back down multiple times when technical glitches occurred, and gradually expanded to other land border crossings as problems were ironed out. Once the system was in place, truckers were able to participate on a voluntary basis and data was properly coming in, CBP phased in mandatory use region by region to keep from overloading and crashing its computers. The toughest part of the process, which took more than a year longer than expected to complete, was getting different CBP software systems to talk to each other. And last year CBP opted for a gradual deployment of its ACE Entry Summary, Accounts, Revenue module in 2009 rather than activating it overnight and requiring all importers and brokers to immediately switch from existing reporting systems. CBP changed its mind after industry partners recommended a slower deployment to make sure agency and corporate systems could handle the new data flows without disruption “But in some ways truck manifest was a piece of cake compared to 10+2,” Banks said. “It’s a lot of data and it’s a lot of players.” That’s why Banks advocates against flipping the switch all at once for the entire trade. A one-year informed compliance program of reminder letters about mistakes will help the industry get accustomed to the new rules before the penalty phase kicks in, but it won’t do anything to keep CBP’s trade processing system functioning smoothly and prevent breakdowns, he said. “Otherwise they’ll end up with inaccurate information and system (outages),” he said. “They should give a real acid test to ‘10+2,’ but nowhere in the NPRM do they talk about a progressive, incremental implementation plan.” He recommended that CBP phase in the program by taking a volunteer crosssection of large and small companies from various industries and begin real data exchange with them to perfect the system. As operations improve, Banks suggested, the program can open up to more companies and eventually get to universal, mandatory coverage. In other respects the rule should be easier to implement than e-manifest because it mostly seeks existing data supplied to Customs, but brings it earlier in the process. And, unlike ACE truck manifest, it doesn’t involve building a whole new system. “This isn’t something new for CBP to do. They’ve built these systems and brought industry along in a rational manner in the past. My guess is they’ll do the same thing this time, but industry wants some assurance that that’s going to happen,” Banks said. As long as CBP is able to continue to show progress towards its goals it should be able to satisfy Congress, he added. Once all the comments are received, staff from various CBP offices will draft responses and make adjustments for the final rulemaking. They will be isolated at an off-site location so they can work on the 10+2 ruling without distraction. A final rule could be wrapped up by April or May, DiNucci said, but many industry officials believe the process will take longer than that. ■ Big IT fishes for 3PLs Large systems developers set hooks but face tough sell to fragmented industry. BY CHRIS GILLIS I nformation technology giants spend millions of dollars a year on research and development and sales promotion, but will it be enough for these firms to reel in the poten- tial rewards from the highly fragmented third-party freight transportation management field? They think so, and for the hook, they’re offering what they believe to be scalable, yet affordable, IT programs specifically devoted to this market. 20 AMERICAN SHIPPER: MARCH 2008 “The reasons why SAP decided to invest in the LSP (logistics service provider) market are growth in global commerce and the demands of the shippers,” said Rodney Strata, the company’s industry principal for transportation markets in Asia, the Pacific, and Japan. According to a 2007 logistics outsourcing survey, in which SAP participated with Capgemini, DHL, and the Georgia Institute of Technology, a 50 percent performance gap was found between shippers’ IT expectations versus actual 3PL delivery. The report noted that the majority of shippers are still not satisfied. “The picture is confirmed when we look at the continuing tion management systems with modern streamlined programs that not only meet their current and future internal operation requirements, but also those of their shippers. Logistics is estimated to be a $1.7 billion business. IT giants, such as SAP and Oracle, believe this is all the more reason to enter this market. “Shippers are exploring expanding to other geographic areas, either using thirdand fourth-party LSPs or becoming themselves LSPs — better using their own fleet and sharing traffic with other companies,” said SAP in a 2007 white paper. “The LSPs that not only buy transportation services but sell them as well are managing slim profit margins while trying to increase customer service. They must update their antiquated system landscapes to remain competitive. “In both cases, these challenges truly require an enterprise-wide business process platform.” Oracle has also recognized this change in mindset among logistics services providers toward systems development. “LSPs are very curious about finding one system provider to handle all their transportation management needs,” Murphy said. problems that 3PL users report with their 3PL providers: Insufficient IT capabilities are still a top three issue in the performance of 3PLs,” the report said. John Murphy, senior director of logistics and transportation for Oracle, described the 3PL industry’s systems development as suffering largely from “fragmentation.” “They have adopted a lot of different systems over time, resulting in lots of niche systems in different places,” he said. “This scenario is extremely challenging to these companies’ CIOs (chief information officers).” However, 3PLs are inching toward replacing their fragmented transporta- Opportunity. Early IT giants in the transportation market, such as i2, Red Prairie, Manhattan Associates and TMW Systems, built sophisticated applications for domestic multimodal freight management and supply chain activities, a pressing need for many large shippers and their service providers. SAP grew up providing enterprise systems to the manufacturing industry. The company’s recent move into the services industry, such as logistics, has largely been through in-house technology developments. That’s not to say SAP is a stranger to the logistics management field. Prior to the release of TM6.0, SAP provided core ERP transportation management functionality. The company has more than 550 logistics services provider customers globally that use its business process platform for functions such as customer relationship management, financials, operations planning, and human resources. Understanding that the LSPs are the architects of global trade, SAP reviewed options as to how it would provide the LSP markets with a global integrated transportation management application. Based on SAP’s premise of providing end-to-end business process integration, it decided to invest in development rather than acquire from the outside market, Strata said. During the past two and a half years, SAP has made significant investment in both capital and man-hours to develop a modern transportation management application of its own. SAP noted that its Transportation Management application, which underpinnings include enterprise services oriented architecture and NetWeaver technology, allows the integration of a 3PL’s logistics processes, such as freight management, transportation dispatch and execution, and business changes, on a single platform. It also aligns communication and collaboration between all parties in the supply chain, including shippers, carriers, and partners no matter what types of legacy or “best of breed” applications are involved. Oracle emerged primarily as a database technology company and within the last five years has made a big push into the applications market through acquisition. Notable acquisitions that played a key role in the creation of its supply chain management suite include PeopleSoft, JD Edwards, Demantra, BEA Systems and most importantly G-Log, which occurred in November 2005. G-Log, already known to 3PLs and shippers as an international freight management systems application, was “LSPs are very curious about finding one system provider to handle all their transportation management needs.” John Murphy senior director of logistics and transportation, Oracle AMERICAN SHIPPER: MARCH 2008 21 LOGISTICS considered a good purchase by Oracle because it was already compatible with its Fusion middleware and more than half of G-Log’s existing customers used Oracle database applications. “I’m a proponent of co-development,” Murphy said. “You get to work with real business scenarios that our development team can see and understand.” Oracle also relies on annual feedback from its customer advisory board, which consists of representatives from about 20 firms. At Oracle, general upgrades are announced about every three to six months, followed by major upgrades every 12 to 18 months, Murphy said. Shipper IT expectation/ 3PL performance gap 100% Moving Ahead. IT giants, such as 92% 80% Oracle and SAP, have already netted some Performance large 3PL customers. gap In July 2007, Schneider National said it 60% selected Oracle’s applications and infrastructure software to create an integrated 40% transaction and data environment. Oracle Perceptions. While Oracle and SAP 42% noted that as Schneider “expanded its ser- may have pulled out the stops on targeting 20% vice offerings and geographic footprint, the 3PL business, the market will still be the company needed a more flexible and difficult to conquer for either firm. 0% quick-to-deploy information platform.” “Transportation is not simple,” said Greg Necessity Satisfaction According to Oracle, Schneider pur- Aimi, director of supply chain research for of IT with IT chased the Oracle E-Business Suite to Boston-based AMR Source: 12th annual The State of Logistics benefit from integrated financials, procure- Research. “There are Outsourcing: 2007 Third-Party Logistics ment, human resources, payroll, supplier so many variations report. management, enterprise asset management, by mode, equipment scalability and modularity. We understand demand planning and supply chain manage- type and geography. that managing risk and ensuring value is ment functionality. It takes a lot of time to critical, hence LSPs may not seek a complete Oracle’s Transportation Management ap- get all these elements rip and replace of their systems,” he added. plication also gives Schneider “end-to-end in place.” “Companies have built some differentiated planning, execution and visibility across Other obstacles for competitive solutions in their legacy syseach of its transportation and logistics the big IT applications Aimi operations — including asset and non-as- developers are the perception of operational tems and with ESOA (enterprise service set services. upheaval and expensive price tags associ- oriented architecture) they do not have to give up their competitive advantages.” “This will help the company ensure that ated with large-scale implementations. 3PLs also feel they’re often caught in every shipment is delivered to customers “The way our TMS is structured it in the most efficient and cost-effective can be deployed with the platform or as a a catch-22 when it comes to investing in manner,” Oracle said. standalone application. You don’t have to IT. “While the 3PLs want to provide more In November 2007, SAP began undergo- buy the ERP to run it,” Strata said. ing a similar deployment of its ERP system, “In the 3PL business it’s often about technology, the shippers are generally hesitant to pay for it,” Strata said. including its new Transportation “Yet if 3PLs don’t have the proper Management application, with technology platform to support several large 3PLs. the ever changing requirements Jim Ward, CIO of Pacer Global of the shippers, they may not get Logistics, called the move to Desired future state: considered.” deploy SAP a “green field imple• Plug-and-play integration to reduce implementation Strata believes 3PLs should mentation” where the company’s time. focus on the overall long-term entire systems management will • 3PL offers high technical flexibility and fast turnaround benefits to be gained from IT be overhauled. to business requirements. investments, including explain“We expect it to be the best of • 3PL provides a flexible choice of IT solutions (a tool- ing the value they will deliver to breed in the next few years,” Ward box). the shippers by doing so. told American Shipper in an inter• New releases/software upgrades committed to con“An integrated collaborative view. “By being one of the first (for tract. platform will enable the ability deploying SAP’s Transportation • Shared and correct master data/meeting industry for both the LSP and the shippers Management application), we get standards (advance ship notice, etc.). to share demand and operational to be a lighthouse customer that • Software standardization on a global basis. data further upstream,” he said. provides not only input, but also How to get there: “This provides the shipper with gets SAP’s total attention to get it • Willingness to invest in the right solution. reliable capacity and service to its up and running smoothly.” • Establish a plan to move towards a more collaborative end-customers, while giving the Ward said the SAP installation relationship during the contract lifetime. LSP greater visibility to manage should be finished by January • Keep focus on the right solution. Don’t give up! its assets and business processes 2009. “We’ve stayed on schedule,” • 3PL to develop better project management skills for more efficiently.” he said. IT implementation. For both Oracle and SAP, these • Involve IT service providers. No Fear. Within the 3PL sector collaborative large-scale impleare a number of niche Internet mentations allow them to work out lingering bugs and further Source: 12th annual The State of Logistics Outsourcing: 2007 Third- applications and software providers that have evolved durrefine their products. Party Logistics report. Future IT expectations and how to get there 22 AMERICAN SHIPPER: MARCH 2008 LOGISTICS of logistics software and data management services, views ERP systems providers more like partners than competitors. “We extend their products,” said Art Mesher, chief execuMesher tive officer for Descartes. “These systems need to be fed rates and contract information and meet government requirements. We’ll be more than happy to feed them.” “Customers who invest in an SAP or Oracle system must still solve the tactical problems in logistics at the end of the day,” said John P. Motley, Motley president and CEO of Log-Net. “That domain knowledge, which we have, simply doesn’t exist in these large ERP companies today.” Deep’s trends – No. 9 “The reasons why SAP decided to invest in the LSP market are growth in global commerce and the demands of the shippers.” Rodney Strata industry principal for Asia, Pacific and Japan transportation markets, SAP ing the past 10 to 15 years. Some offer automated tools for regulatory compliance, such as filing cargo manifests and import entries with U.S. Customs and Border Protection, while others offer the ability to electronically oversee pieces of the transportation process, such as ocean freight contract management and cargo tracking. Over the years, 3PLs have bolted these various systems together to keep their operations running. Interviews with freight industry-focused IT executives revealed a sense of calm with regards to the emergence of large IT firms in the market. “They may pick up a big forwarder or two,” said Andrew Bullen, president of IES Ltd., a transportaBullen tion software provider. “However, we think they’re still way out of the price range for our customers, which generally involve less than 200 users.” Descartes Systems Group, a provider 24 AMERICAN SHIPPER: MARCH 2008 Use of information, technology to drive competitiveness It’s not about what you have, it’s about what you do with it. T his month we explore develop conclusions about the use of information markets and business situaand technology to drive tions in the future to derive competitiveness. This is a competitive advantage out topic of great personal interof it. • Companies are sitting est, having run a software on mountains of informacompany (PlanCentral) in tion and different platforms the past. of technology … and using Companies have tradivery little of it. tionally been victims of • Information needs to software purchases and be converted to analytics; implementations that have technology as the means to gone seriously wrong. No convert information to anadoubt, the net value gained lytics — analytics is the new has been positive, but not basis of competition between without many instances of companies not products. out-of-control projects and • Analytics drives supply skyrocketing over-spends chain design and execution; on technology. Technology it drives investment deciis not the evil force at play. sions, tradeoff decisions, The issue is the actual vs. BY DEEP PAREKH and decisions of how to get perceived use of it. The use of information to drive competitiveness is an more competitive using existing or new interesting case, where during the past 10 resources and products. • Technology trends towards more of years, enterprise resource planning (ERP) systems have enabled the generation of tril- a service than an asset deployed in the lions of terabytes of data about shipments, business — technology becomes more of plans, orders, point of sale, etc., of which “Software-as-a-Service” (SaaS); infraprecious little is being used for any value structure investment becomes redundant as network speeds increase, hosting security besides retrospective reporting. increases, and costs drop. The Strategic View Bottom line Both information and technology are plentiful. It’s not about the latest software technology you buy or about the amount of information that you own, but about your staff’s actual use of it and the ability to Still chewing and already taking next big bite AMR Research did an excellent article some years ago on “shelf-ware” — the ASEHAMBSUD18_JLB.qxd 2/7/08 9:26 AM Page 1 The perfect partner (we do the heavy lifting). Linking North America with Latin America, Europe, Asia, Australia/New Zealand and the South Pacific Islands. For more, visit us at www.hamburgsud.com No matter what. LOGISTICS software that companies have purchased that they have not used (and therefore still sitting on the shelf, so to speak): Lessons learned to date suggest that we’re on the right track, but still have a long way to go. In a series of detailed field studies, some encouraging, while sobering, findings emerge: • Supply Chain Management. Of 42 companies using SCM software, performance improvements (inventory turns, cycle times, customer service levels) are being delivered and overall vendor satisfaction is 6.95 on a scale of one to 10, yet 85 percent are implementing or using only one or two modules. • Procurement. Of 60 companies using procurement software, the reported savings averaged 10 percent of addressed spending, but future phases addressing more complex spending categories are on hold. Only onethird of respondents would consider the applications for direct procurement. • Customer Relationship Management. Of 100 companies using CRM software, 74 percent say their expectations have been met and 68 percent say planned return on investment (ROI) was achieved or is on track. Most, however, have implemented less than half of the software that has been licensed. • E-logistics. Of 200 logistics professionals using e-logistics software, only 30 percent expect improvement in key operating metrics (inventory turns, fill rates, costs) of at least 10 percent within one year. Some 60 percent expect that Figure 1 High performing companies greatly leverage analytics Importance of analytical orientation: High vs. low performers, 2006. 80% 77% 65% 70% Low performers High performers 60% 50% 40% 36% 40% 33% 23% 23% 30% 20% 8% 10% 0% Have significant decision-support / analytical capabilities Value analytical insights to a very large extent Have above average analytical capability within industry Use analytics across their entire organization Source: Competing On Analytics (Davenport & Harris, 2007), page 47, Equus analytics. improvement, but after five years. Fast forward a few years, and we find the same situation today. Companies we work with are using small percentages of the functionality of the tools and technologies that they have purchased, and are continuing to balloon IT budgets for ever-advancing software. Our key message to shippers and logistics service providers (LSPs) is to invest in technology not as a given fact-of-life but to seriously consider what value it will deliver, just like any other investment in capital projects. Further, SaaS is more prevalent in the industry, from applications for human resources, payroll, accounting, sales force automation and supply chain management. Utilize these SaaS offerings as a solution to your issues instead of investing in the software itself. Competing on Analytics I recently read Competing on Analytics, by Thomas Davenport and Jeanne Harris. It was an eye opener in terms of not only the research that went into it, but also of the astounding results that companies have gained through analytics. Figure 1 shows Figure 2 High Different levels of core analytics with different depths of insight 8 Output Question posed 8 Optimization What is the best that can happen? 7 Predictive modeling What will happen next? 6 Forecasting/extrapolation What if these trends continue? 5 Statistical analysis Why is this happening? 4 Alerts What actions are needed? 3 Query/drill down Where exactly is the problem? 2 Ad hoc reports How many, how often, where? 1 Standard reports What happened? 6 5 4 Analytics 3 2 1 Low Low Degree of intelligence Value generated 8 7 6 5 4 3 2 1 High High Source: Adapted from Competing On Analytics (Davenport & Harris, 2007), page 8. 26 Type of activity 7 Competitive advantage Low # AMERICAN SHIPPER: MARCH 2008 Access & reporting WE CAN HANDLE IT MOBILE CONTAINER TERMINAL: OPERATIONAL 2008 • INLAND TRANSPORTATION INFRASTRUCTURE • ALTERNATIVE GATEWAY TO THE U.S. • SUPPLY CHAIN RELIABILITY • DISTRIBUTION SITES ALABAMA STATE PORT AUTHORITY • P.O. BOX 1588 • MOBILE, AL 36633 • 251.441.7001 • FAX 251.441.7216 • asdd.com LOGISTICS most high performing companies but the actual application of the Figure 3 used analytics on the information new technologies that can yield they have to gain competitive competitive advantage,” he said. advantage. For example, imagine a technolFurther, International Data ogy agent sifting through service Contract Alliance Logistics Corp. found that analytical projlevels, inventory policy informaservices partners providers ects aimed at improving production, production conformance to tion had a median ROI of 277 plan, commodity prices and logispercent, CRM of 55 percent, and tics conformance to schedule. An business intelligence (BI) projects intelligent technology agent could Information Company A Financing providers (e.g. Shippers) agents using predictive technologies of conclude with the insight that there 145 percent compared with 89 could be a severe service issue in percent for projects without them. the next X number of months due These analytical projects leverage to reducing production plan conthe technologies that companies formance, shortfall of anticipated Suppliers Customers Employees buy (such as solutions for CRM, inventory policy, and inconsistent BI, etc.), and turn information into delivery schedules. Further, with insight, and insight into action. anticipated rising commodity Support Services Core Company The book does a great job deprices, it would stimulate a deciDirect Relationships “Information Pipes” scribing the state of companies ussion to stock up on the material ing analytics, as shown in Figure commodity and gear up additional 2. Considering how companies Source: Adapted from The New Rules — Using Information to Unleash production resources as contract use systems and information, each The Hidden Capital in the Extended Value Community (Chandos, capabilities, and sort out the deliv2002), Equus analytics. type of output defines a level of ery schedule compliance with the advancement in gaining competitive advan- — is mythical. The new rules demand that logistics company. This allows the company tage for the enterprise. The lowest level on information should be accessible in near real to maintain competitive advantage through the scale is the standard reports coming out time by all the participants in the community, the better use of information and systems to of most systems that generate information and the participant decide the analytics that generate anticipative insights. to understand posteriorly what happened. leverage that can be extracted from the use Jarvis concludes that whereas these “planMost companies we find are at stage two of the information.” The differentiating o-bots” are useful at an aggregate level, their or three, where they can generate ad hoc factor in this approach is it reduces the “in- true value lies in sifting through the terabytes reports to understand details around their formation latency” — instead of different of data at the SKU, location and daily level, operations, and drill down to understand players in the EVC receiving information with millions of possible combinations with for troubleshooting and problem resolu- second- and third-hand, all players receive it other relevant causal factors. tion. There are fewer companies that are at the same time, taking out the guess work generating statistical analyses and to pre- in anticipating rapidly changing customer So, what needs to be done? We propose a five-step approach to dict business and market trends, predictive and consumer demand. leverage your technology and information modeling, and business optimization based to derive competitive advantage: on different future scenarios. However, Strategic direction We recently caught up with London1. Take inventory of all data and softthe “Analytics” type of activities are what truly generates the competitive advantage. based Martin Jarvis, an eminent global ware technology you have and audit its Some of the companies that are participat- supply chain and Sales & Operations Plan- usage. 2. Plot yourself on the competitive ading in these more advanced analytics to ning (S&OP) authority, who had much to gain competitive advantage are Procter & say on this topic. His belief is that most vantage scale shown in Figure 2. 3. Understand where you want to be on Gamble, Anheuser-Busch, Mars, Amazon, major technology vendors are behind the curve in developing flexible technology the competitive advantage scale in terms Wal-Mart, and AstraZeneca. that people can easily adapt to, with built-in of utilization of this information. New rules design, implementation, and maintenance 4. Articulate the gap, and develop an Sumantra Sengupta, a well-known sup- flexibility that allows the software to be understanding of how you can better extract ply chain thought leader, and currently used in the right manner, and leveraged for and use your information and technology vice president of Hitachi Consulting, in the right information. Many instances exist to gain competitive advantage. his book, The New Rules — Using Infor- where software had to be re-implemented 5. Execute the necessary changes to the mation to Unleash the Hidden Capital in due to its inflexibility in adapting to or- current systems and information structure the Extended Value Community (Chandos, ganizational design shifts, where business you need in order to use your information 2002), defines an information management groups collapse into each other, mergers in a competitive manner. framework that is worth implementing between different categories of products, (Next month: No. 8, Hard infrastructure for any company, shipper or LSP. Figure or functional integrations. becomes a priority.) 3 shows the Extended Value Community Jarvis is a strong believer in using “agentDeep R. Parekh is a partner with Equus (EVC) that forms one of the central themes technologies” that can “crawl” around the Group LLC, a supply chain advisory serin the book, adapted for this column. different pieces of information available and vices and management consulting firm The author puts forward that “information across the different software technologies, based in New York and Sao Paulo, Brazil. management is an extremely important con- consolidate and compare different infor- He welcomes feedback and comments at cept in the community. The traditional view mation and provide insight into where the deep.parekh@equusllc.com, and (212) — that possession of information is power business is going. “It is not just the intention 905-3336. ■ Extended value community 28 AMERICAN SHIPPER: MARCH 2008 Falling from the sky? Reading Boeing’s and Airbus’ projections for future air freighter demand sometimes make it seem as though the sun and clouds over Asia will be permanently obscured by the steely glint of cargo planes. Airbus recently said it expects 3,800 freighters to be delivered globally through 2026, with a huge slice of that demand coming from the Asia-Pacific. Boeing’s figures aren’t too different. They’re expecting a total freighter fleet of 3,980 by 2026, and have targeted China and India as the places with the greatest growth potential. Individual airlines have placed some startlingly large orders for planes over the next decade, led in Asia by Emirates and Kingfisher. But are all these planes really needed? The growth areas are likely to be stymied for the foreseeable future by lack of ground capacity. For every Hong Kong and Singapore, there’s a Ho Chi Minh City and Mumbai, where demand rises by the day, but where airport capacity and support infrastructure lags well behind. What must be frustrating for air shippers, not to mention the airlines, is that new projects coming up seem to barely be able to handle current demand, falling far short of demand in five years, much less two decades down the line. It’s sort of like a couple that wants lots of children deciding to build a one-room house. Boeing and Airbus have vested interests in proclaiming such a healthy demand for their planes, because it looks good to shareholders to say 200 freighters a year need to be built or converted to satisfy demand — and keep in mind freighters represent only a fraction of the 24,300 planes Airbus said will be ordered through 2026. But privately, the plane manufacturers’ numbers must be a little more conservative. Sometimes Asia seems like a playground for global trade. First it’s shippers who get stars in their eyes, imagining the potential of severely cutting their labor costs. Then it’s transportation providers who serve the shippers, building new machines to transport all those cheaply made goods. Then it’s non-asset-based companies, who teach everybody how do things more efficiently. But at some point, the fun runs out and the possibilities dry up. And then the smart people get down to the hard work and figure out how to wring profit from the driest rags. It must go the same way for air cargo in Asia. Opportunity looks unlimited now, but it never is forever. I may be way off base, especially since the reputed Air Cargo Management Group is projecting a similar demand as the plane manufacturers, but it seems hard to imagine such a need for freighters in Asia for the next 20 years. The Association of Asia Pacific Airlines reported record cargo volumes in 2007, but admitted those volumes brought only modest growth when factoring in freight ton kilometers traveled, the key metric in air cargo. The aviation industry in Asia will develop in leaps and bounds over the next decade, but how can that momentum sustain itself beyond that? We’re already seeing ocean shipping returning to earth a bit (who would have predicted Los Angeles and Long Beach would see no volume growth in 2007?). Could things be just a little overstated in the air as well? Cold snaps supply chain While the most poignant pictures from China to emerge over the past month involved hundreds of thousands of train passengers stranded in Guangzhou’s train station, shippers 30 AMERICAN SHIPPER: MARCH 2008 shouldn’t forget cargo also was frozen off the rails. As always, cargo gets less attention than passengers, and so it probably should. But China’s worst winter weather in 50 years paralyzed supply chains too. Now production always slows down during the Chinese New Year, but the deep freeze was so intense and widespread that some of Shanghai’s container terminals were unable to berth ships. Rail and truck routes were rendered superfluous. Suppliers worried about late deliveries. Even automakers Toyota and Ford shut down production in their mainland factories for a time in late January. Domestic energy and agriculture sectors were also hit, as crops froze and the rail lines that bring coal to coastal power plants were shut down. Now back to the stranded hordes in Guangzhou. It’s important to remember that they aren’t too far removed from foreign supply chains, since the bulk of those passengers were factory workers in South China wanting to return home for the biggest holiday of the year. Government officials estimate a nearly $5 billion hit to the Chinese economy, but that doesn’t take into account what it means in terms of unsettling those who are becoming increasingly jittery about sourcing in China. Along with rising wages, rising power costs, rising logistics costs, questions of product quality, and a proliferation of sourcing alternatives in other Asian nations, now there’s this. Not exactly walking in a winter wonderland. Asia’s acquiring minds In early February, PricewaterhouseCoopers released an interesting look at the global logistics and transportation mergers market. The report looking at 2007 found that while merger and acquisition activity was higher than in the last 20 years, the value of those mergers actually was half that of mergers in 2006. Drilling down, the report found increasing activity in the Asia-Pacific region, with (guess who) Chinese and Hong Kong companies the leading targets. Interestingly though, the bulk of the transactions in this region are not international ones. “Chinese transportation and logistics companies have been more likely to consolidate within the local market than across borders,” the PWC report said. “Only seven of the 18 announced deals for targets in China during all of 2007, and two of the eight deals announced during the fourth quarter, were cross border deals.” That compares to a 45 percent rate of cross border deals globally, the report said. Eighteen deals (and eight in the fourth quarter) is a small sample size, but it shows that not all mergers are Western companies honing in on Asian acquisitions. “We expect that strategic investors will continue to account for the majority of transportation and logistics deals as a tight credit market weakens the buying power of financial investors on a relative basis,” the report said. “It is likely that emerging market companies will play a significant role as acquirers, given adequate financing sources (including highly valued equity markets) and strong currencies.” That last line speaks to a growing trend in other industries, where Chinese and Indian heavyweights in the automotive and steel sector, to name a few, have made splashes in the global market. It’s often stated that the logistics sector is underdeveloped throughout Asia, but there are some big boys capable of making their own acquisitions in the next few years. All roads lead to Rome In the glory days of the Hollywood studio machine, no one more embodied the “epic” style of production than director Cecil B. DeMille. Known for his massive casts and sets, DeMille was fond of saying about his style, “give me two pages of the Bible and I’ll give you a picture.” His 1923 silent production of The Ten Commandments required some 1,600 workers to erect the plaster and wood sets, including four 35-foot-tall Pharaoh statues, 21 giant sphinxes, and gates reaching a height of 110 feet. During the production of one of his epics, DeMille was staging a complex Roman battle scene involving hundreds of extras over a grand vista. With six wideshot cameras and five close-up cameras set up at various locations, the scene had taken all day just to rehearse four times. With just enough daylight left to get the entire scene filmed, DeMille called the multitude of actors to position and ordered “Action!” On cue, hundreds of extras charged up the hill, swords glinting in the setting sun. Hundreds more came storming down the same hill to engage them in mock battle. In another part of the vast scene, Roman centurions lashed and shouted at 200 slaves laboring to move a huge stone monument toward its resting place. The entire scene took 15 minutes to run its course. When it was over DeMille yelled, “Cut!” and turned to his assistant. Obviously pleased at the result, DeMille beamed, “That was great!” just as the sun began to disappear behind the hill. “Fantastic, C.B.,” the assistant agreed. “It was fantastic. Everything went off perfectly.” Still ebullient, DeMille turned to his cinematographer to make sure that all 11 cameras had picked up their assigned shots. The cinematographer waved to the camera crew supervisor — just coming out of his hiding place atop the battle hill. From the distant hill, the camera crew supervisor enthusiastically waved back. He raised his megaphone, and yelled to DeMille’s group, “Ready when you are, C.B.!” Needless to say, at that moment, DeMille understood the importance of connectivity, especially when it comes to communications. Kewill connects the world In the logistics industry, managing shipments as complex as any film scene dreamed up by DeMille requires the same level of communication, especially in a world where the logistics “crew” is spread out across the entire globe. Logistics software giant Kewill Systems has introduced a major new component, Kewill Forwarding, to its global trade management suite that addresses just that problem. The Guildford, U.K.-based firm’s new KF component combines with the well-established Kewill GTM system to offer increased visibility, reduced staffing expense, and an increase in the speed of transactions — all in a package that works seamlessly to plan, monitor and control shipments in a global environment. Kewill, which at 36 is nine years older than the first PC computer, designed the new components to address what the firm views as historic concerns in the forwarder and broker sectors of the industry. “In the past their businesses were fractionalized,” said Ken Halle, Kewill’s chief operating officer. “They did 32 AMERICAN SHIPPER: MARCH 2008 multiple data entries, they had different systems across the world and what you had was a lot of different systems in the industry that were disconnected.” Halle said the shipping industry’s rapid globalization has touched virtually all firms, necessitating a global presence from the very large players down to some of the smallest. In addition, consolidation within the industry has forced many firms into a global presence in a very short time frame. Following the dot-com nuclear winter in 2001, when Kewill was forced to sell off many of its founding ERP suites to survive, a new management team under Chief Executive Officer Paul Nichols refocused the firm’s energies on GTM products. To build a global product, Kewill has spent the past five years acquiring premium logistics software providers in the United States, Europe and Asia. Starting with the purchase of U.S. firm Tradepoint in 2003, where Halle spent many years, Kewill then acquired Interchain Holdings B.V. in the Netherlands and CSF GmbH in Germany. The February 2007 purchase of Singapore-based IPAC e-solutions gave Kewill an expansion into the Asian market as well as ownership of the already up-and-running IPACS’s Java-based forwarding product, the Advanced Logistics System. Kewill used the ALS as the core of its new forwarding component. The KF component connects local offices of a supply chain into a unified network via Kewill’s Internet-based GTM suite. This multilingual system offers purchase order-level visibility, reduces administration and staffing costs by integrating communications and eliminating data entry repetition, and allows for a greater degree of shipment control throughout the supply chain. Early adopters see benefits With Kewill already supplying IT services to 23 of the world’s leading 25 freight forwarding firms, the new product is poised for a rapid and widespread implementation. Several firms that have made the move are already seeing the benefits of the system. Shanghai-based freight forwarder ADP, which employees more than 1,500 employees, was an early adopter of the system and is already seeing benefits in the services it can provide to customers. Tri-Net Logistics Management, the U.S. ocean and air logistics arm of Japan-based Mitsui & Co. Ltd., is gearing up for a full deployment of the Kewill forwarding system following the deployment of the product by Mitsui’s Japanese iteration of Tri-Net. Parent firm Mitsui maintains more than 50 logistics subsidiaries worldwide — including Tri-Nets in the United States, Europe, China, Japan and Asia — and communications between the different units is critical, according to Yoichiro Kasai, Tri-Net LM President. “Up to this point each (Tri-Net) had its own system,” Kasai said, pointing out that a majority of the information exchanged between the different Tri-Nets was previously done through e-mail and faxes. “We weren’t really connected. Now all of the information is in the server in Tri-Net Japan and we access that server from here.” Kasai, who expects the Kewill system to be up and running throughout the U.S. Tri-Net within the year, is looking forward to the improved data exchange and a reduction in data double inputs that will follow implementation. “From the moment we start using (the Kewill system) there are going to be a lot of benefits,” Kasai said. EXCELLENCE ON EVERY LEVEL To move goods quickly and efficiently throughout North and South America, Europe, the Middle East and the Pacific Rim, nothing less than a fully integrated, one-stop supply chain management solution will do. As one of the world’s premier providers of integrated global transportation solutions, “K”Line’s KLTL® delivers nothing less than excellence on every vessel, vehicle and aircraft, in every warehouse, and on every dock and platform. Wherever your cargo goes, it is handled with precision and care, supported by superior IT solutions customized for your supply chain. “K”Line has come a long way since its establishment as an oceangoing carrier in 1919. But it has not budged an inch from its insistence on excellence in quality and service, and never will. ™ A L L - A R O U N D C A P A B I L I T I E S , A L L A R O U N D T H E “K” Line America, Inc. • Customer Service (800) 609-3221 • www.kline.com W O R L D Spirit of the industry Arthur Litman, a veteran international logistics practitioner who has played a key role advising U.S. Customs on import-export issues, retired from FedEx Trade Networks in early February. Litman was vice president for regulatory affairs at the FedEx unit. The American Association of Exporters and Importers in January presented Litman with its “Trade Warrior” award for his contribution to global trade and representing the international freight industry. Litman’s distinguished career in customs brokerage and freight forwarding began in the import-export business at Los Angeles-based Castelazo & Associates in the 1960s. He eventually became a part-owner in the company. In 1991, Castelazo became a division of Tower Group International, a large customs brokerage. He continued to work as a vice president at Tower until that firm was acquired by FedEx in early 2000. He represented FedEx on the Private Sector Consultative Group, which advises the World Customs Organization on trade matters, including the organization’s SAFE Framework of security standards and customs modernization. Litman has been a major force in helping Customs develop its new Automated Commercial Environment trading system. As an ACE Trade Ambassador he promotes industry adoption of the system and is active in the Trade Support Network, a technical advisory body for U.S. Customs and Border Protection. He is a past president of the National Customs Brokers and Forwarders Association of America, the International Federation of Customs Brokers Associations and the Foreign Trade Association of Southern California, and serves as a governor for AAEI. Litman also served as an original member of the Commercial Operations Advisory Committee, or COAC, in 1988 and served six two-year terms on the federal advisory panel to the departments of Treasury and Homeland Security. Litman is widely respected by colleagues because of his expertise, willingness to be a mentor and efforts to improve relations with Customs. They say his departure is a big loss because he has such great institutional memory about the Customs modernization process that has been underway for the better part of 20 years. Litman said at the AAEI winter conference in Newport Beach, Calif., that he intends to continue to stay on the Trade Support Network to help with the development of ACE during the critical rollout period. — Eric Kulisch AES mandatory consensus reached The U.S. Census Bureau and Department of Homeland Security quietly resolved their 30-month standoff in early January over proposed rules requiring electronic filing of export documentation, according to a Census official. The proposed rules for mandatory use of the agency’s Automated Export System will be published soon in the Federal Register, Jerome Greenwell, trade ombudsman in the Foreign Trade Division, told members of the American Association of Exporters and Importers at the winter conference in Newport Beach, Calif., in mid-January. Census was prepared in 2005 to issue a notice of proposed rulemaking updating the foreign trade regulations, but DHS blocked the effort after failing to gain approval to share export transaction data with foreign governments as part of antiterrorism cooperation. Census jealously guards Census data at the transaction level to protect the privacy 34 AMERICAN SHIPPER: MARCH 2008 of companies that submit confidential information to the government. DHS also raised security concerns about Census continuing to allow post-departure filing of export documents by approved companies. It wanted Census to either eliminate post-departure filing in AES, technically known as Option 4, or substantially increase the requirements for accepting new companies in the program. DHS also did not want existing post-departure filers simply grandfathered into the mandatory program. The Foreign Trade Division uses data from AES to help calculate the country’s trade statistics. CBP uses AES data to target illicit exports before they leave the country. Most shippers export declarations must be filed prior to export. Under post-departure rules, approved exporters and freight forwarders can process export declarations up to 10 calendar days after departure of the goods. About 2,300 exporters gained post-departure filing privileges before Census placed a freeze on accepting new applicants to the program. Greenwell said the two agencies concurred on a final copy of the AES regulations. He declined to provide details about the compromise, other than to say it will closely resemble the original version of the 2005 proposal. Manufacturers and other shippers at AAEI were concerned that Census may have traded the elimination of Option 4 to break the logjam on issuing the AES rule as ordered by Congress back in 2003. Exporters like post-departure filing because not all the information needed for the declaration — such as the exact final price, what inventory the items were taken from, the country of origin of components — is immediately available at departure. The program’s biggest advantage is that companies don’t have to hold back shipments because the SED data is not available or accurate, said Ikue Duncan, an international compliance manager for Toyota Motor Sales USA. That means exporters can ship products concurrently while complying with the regulations. Postdeparture filing also saves administrative costs because companies can consolidate work instead of sending export data shipment by shipment, she said. “We hope with this proposed regulation this program will continue,” she said. Greenwell suggested companies might no longer need Option 4 in today’s trade environment because high-tech communications between shippers and freight forwarders are much better than they were several years ago and allow for accurate transmission of information. “The transfer of information is almost instantaneous today as opposed to 2005,” he said. “Don’t read into that there’s not going to be Option 4,” he added. The new AES regulations will require exporters to file SEDs a certain number of hours prior to departure, depending on mode. The time frames are 24 hours prior to lading for vessel shipments, four hours before wheels up for air shipments (with exceptions for nearby countries), two hours for rail and one hour for truck (or 30 minutes for pre-certified secure carriers). The rule will go into effect 30 days after it is published in the Federal Register and be implemented within 90 days. Greenwell said Census will put notices on its Web site, do a couple of town hall meetings and produce a video to advertise the new changes to the foreign trade regulations. — Eric Kulisch Special report: Freight forwarding Forwarder Momentum Opportunities for value creation in freight forwarding. BY MERGEGLOBAL VALUE CREATION INITIATIVE 36 AMERICAN SHIPPER: MARCH 2008 Additional content, including a series of one-on-one executive interviews with industry leaders analyzing past MergeGlobal reports, is available at www.americanshipper.com/tf2007 A s a direct beneficiary of globalization, the global freight forwarding industry has enjoyed rapid growth while generating returns on capital that asset-based air and ocean carriers can only dream about. Both financial and strategic investors have been attracted to the forwarding industry’s positive fundamentals, leading to a growing number of mergers and acquisitions, at steadily rising multiples, predicated on the general notion that “bigger is better.” This maxim is not always true, as some investors have recently discovered. Still, considerable opportunity remains for financial and strategic investors in the freight forwarding sector. While there may never be another Expeditors (stock price appreciating by 255 times its split adjusted initial public offering price in 1984), there are many little known, small and midsized, high quality, highly profitable forwarders who can be repositioned for rapid, long term, sustained growth. For logistics players seeking a forwarding capability (or vice versa), a pragmatic and disciplined strategy can create enormous value by exploiting the narrow but lucrative overlapping activities of each entity’s value chain. Likewise, as history has shown, such combinations can destroy enormous value when premised upon broad visionary statements of convergence and globalization without in-depth understanding of exactly where synergies exist and how to exploit them. To be successful, such combinations must be rooted in a highly disciplined financial approach (starting with valuation in the mergers and acquisitions process); systems enabling understanding of customer and service profitability; and a culture in which operating management can exercise judgment and be held accountable. Given the low margins (high return on capital employed notwithstanding) of most forwarding and contract logistics businesses, a one percentage point improvement or decline in operating margin can have an enormous impact on financial performance and, ultimately, value. Globalization is driving sustained growth in long-haul trade. As a percentage of world gross domestic product, the value of intercontinental trade has almost tripled from 5.2 percent in 1962 to slightly more than 15 percent in 2006, and we expect its share to continue to rise. This trend directly benefits freight forwarders on whom most manufacturers and retailers rely to organize and supervise the door-to-door movement of goods. This unique positioning has allowed forwarders to not only participate in the expansion of global freight flows but also to control the most complex and valuable activities of these flows. As the forwarders’ influence in the market has increased, customers, competitors, strategic buyers and financial investors seek to better understand how and why forwarders have been able to consistently generate superior profit and create value over a long period of time. In this article, we will provide our perspective on how and why freight forwarders are able to generate attractive financial returns. Our insights are drawn from fact-based analysis and our cumulative experience in advising clients on several recent M&A transactions and value creation engagements in the freight forwarding industry. The MergeGlobal Value Creation Initiative comprises Brian Clancy, David Hoppin, John Moses and Jim Westphal. Clancy, Hoppin, Moses and Westphal are managing directors of MergeGlobal, a specialist firm that provides clients in the global travel, transport and logistics industries with services ranging from financial advisory to strategic consulting. This is the first in a series of reports in which MergeGlobal will team with American Shipper for multiissue coverage throughout 2008. Specifically, we will address the following issues: • Why are freight forwarders uniquely positioned to create value? • Why are the dynamics in the intercontinental freight industry favorable to forwarders? • What is driving M&A in the forwarding industry? • What are the common mistakes in forwarder M&As? • What are the most important variables that impact value creation in the freight forwarder business model? Forwarders uniquely positioned The global supply network has changed considerably with trade liberalization. Sourcing and manufacturing has been progressively shifting from high labor cost markets like the United States to low labor cost markets like China. The shift started 30 years ago with low-value consumer products and is moving up the product value spectrum. As sourcing patterns have shifted, manufacturers and retailers have increasingly relied on freight forwarders to be the network managers of their intercontinental supply chains. End customer reliance on forwarders has created a $115 billion industry. The customer base of a typical freight forwarder comprises large, medium and small manufacturers and retailers. Services provided include: • Transportation (intercontinental and destination delivery). • Customs brokerage. • Origin consolidation. • Destination deconsolidation. • Warehouse contract logistics services. Most service types are priced on a transactional basis per shipment or total volume. Freight forwarders are both competitors and customers of asset-based air and container sea freight carriers. They compete with asset-based carriers for customer freight shipments, and purchase capacity from the same carriers to manufacture origin/destination itineraries for their customers. In 2007 freight forwarders controlled an estimated 46 percent of the combined air and containerized sea freight market (Figure 1). Forwarders dominate the air freight sector with 85 percent revenue share of heavy AMERICAN SHIPPER: MARCH 2008 37 Forwarder Momentum freight shipments. This estimate excludes the express small package market where the big four integrated carriers control 90 percent of this market segment. Over the last 10 years, forwarders have increased their share of the air freight market by 9 percentage points, as airlines have progressively reduced direct sales efforts to shippers. Forwarder share of the sea freight sector is lower at 34 percent revenue share of full containerload shipments and 74 percent revenue share of less-than-containerload shipments. Forwarders’ share of FCL has increased by 6 percentage points since 1997. Forwarders’ high share of the LCL segment is due to expertise in handling smaller, complex transactions similar to air freight. (For the same reason, certain integrated carriers are targeting LCL flows as well). Forwarders are able to generate attractive returns on capital employed by focusing on activities that require intellectual capital instead of physical assets. Figure 2 arrays the historical returns by industry segment with the worst performing on the far left and the best performing on the far right. Freight forwarders’ return on capital employed (ROCE) is the highest among all segments of the freight and logistics industry, reaching a peak of 64 percent, a trough of 53 percent and average of 57 percent throughout the industry cycle. Scheduled air freight and container carriers have significantly lower average ROCE and a high variability between peak and trough returns. Their lower returns can be explained by the need for significant investments in transportation assets and daily exposure to capacity utilization risk. While entry barriers exist, availability of low cost capital — often government subsidized — allows new entrants to more easily add physical capacity even in poor industry conditions. Structural factors favor forwarders There are several structural factors in the forwarding industry and its business model design that allow forwarders to generate superior financial returns compared to air and container carriers. These include: • Control of the end-user customer. • Ability to provide better supply chain information to customers. • Flexibility of services across modes and different carriers within each mode. • Ability to attract and retain high quality people. • Better understanding of costs due to less complexity. However, contrary to conventional wisdom, there is also a level of fixed costs and 38 AMERICAN SHIPPER: MARCH 2008 Figure 1 Rise of freight forwarder share of intercontinental trade Carrier Forwarder 1997 2007 (Estimated) Total market: $96 billion Total market: $250 billion $21 $70 $5 38% 24% $44 $187 15% $19 26% 66% 72% 85% 76% 74% 62% 28% Air freight /1 FCL sea freight 34% LCL sea freight Air freight /1 Revenue $billions FCL sea freight LCL sea freight Revenue $billions 1/ Excludes express package market controlled by the Big 4 global integrated carriers. Source: MergeGlobal Inc. estimates from industry data. commitments which forwarders maintain including: • Information systems. • Facilities. • Minimum volume commitments with air and container carriers in front haul markets with tight supply. Forwarders are able to take control of the end-customer relationship as asset operating air and container carriers increasingly rely on forwarders’ wholesaling capacity instead of direct marketing to end customers, especially medium and small sized accounts. These carriers are adding capacity to fulfill long term market share objectives and are not constrained by the quarterly earnings expectations of shareholders. Capital for asset-intensive transport activities is shifting to emerging markets, particularly in the form of local companies investing in capacity for market share growth. Such entities are not equipped and cannot easily build the intellectual capital and customer relationships that asset-based companies located in developed markets have established. As a result, as market share shifts to these entities, forwarders will take greater share of retail control of end customers. Two examples of this trend are Emirates in the air freight sector and China Shipping in the container sea freight sector. Emirates is building substantial capacity in the Asia/Europe trade as part of the United Arab Emirates’ long term economic diversification strategy and desire to be- come a global air logistics hub. Emirates has 10 747-8 and eight 777 freighters on order. Among non-integrated air freight carriers, this is the one of the largest freighter orders on the books. China Shipping is a young government controlled container carrier founded in 1997. The company has embarked on an aggressive expansion strategy to build up its position in its home market. To support the growth, China Shipping continues to add containership capacity, especially eight 13,296-TEU vessels to be delivered over the next five years, and will aggressively use freight forwarders to fill its new ships. In both cases, wholesaling of capacity to freight forwarders is their key sales channel strategy to fill their new capacity. Forwarders are better suited to provide end customers with granular transaction data that allow customers to calculate landed product costs, which is necessary to optimize supply chains. Their ability to provide better data is enabled because they capture all transactions of a customer’s trade flows for a specific route corridor. The carrier view of customer trade flows is fragmented because it sees only the transactions that use its services and not the transactions that use other carriers — and further it sees only a portion of each shipment’s door-to-door journey. Expeditors International is the best example of a forwarder that has built information technology systems that capture rich transaction data and allow it to manage (continued on page 42) MOL Delivers Expanded China Coverage, Increasing Expanded China Coverage, Increasing Cargo Control and Supply Chain Reliability • Experience 130 Years in China Trade • Balance 27 Local MOL (China) Ltd. Offices • Choice 15 Weekly Services to/from China and U.S. MOL delivers the coverage, speed and agility essential for moving trade between the world’s two hottest economies. MOL offers 13 transpacific and two Suez Canal weekly services between China and the U.S. There is no substitute for MOL’s 130 years of business experience in China. Today, MOL (China) Ltd. operates 27 offices located in all key China markets. This gives you the benefit of hands-on support from savvy professionals with the relationships to negotiate local logistics issues. Don’t let China cargo delays reduce your profit! Book with MOL and restore control and reliability to your supply chain! Call MOL today at 1(800) OK GATOR. Discover how MOL’s new “Contract Viewer” will save you time and money: www.MOLdelivers.com Forwarder Momentum both physical flows of products and mission critical information flows such as customs clearance and trade quota compliance. This capability is especially attractive to small and medium sized customers that do not have large internal staffs to manage complex trade logistics. In contrast, carriers have a tendency to direct most of their IT spending on internally focused systems that are required to run and optimize their transportation networks instead of systems designed to manage their customers’ trade flows. Forwarders can be more flexible with customers and are able to customize their services to specific requirements because they have no planes or ships to fill each day and are indifferent about which routings and carriers to use for customer shipments. Carriers are focused on maximizing the load factor and yield of each flight or vessel departure and they have an incentive to encourage customers to choose routings that best optimize the use of the carrier’s assets instead of a customer’s distribution network. Forwarders have competitive advantage in human resources. They are able to attract and retain high quality people because of their ability to promote faster and pay well due to higher growth and profitability. Many forwarders reward employees based on station level profitability. Expeditors is known for setting aside up to 20 percent of its pre-tax profits for staff bonuses at the station level. It also regularly uses stock options as an additional source of compensation for its best employees. Opportunities for career advancement have been limited at most air and container carriers due to financial restructurings and merger integrations. While carriers can pay bonuses and award stock options, the bonus ranges are smaller and the value of the underlying stock is more volatile. Forwarders know their costs better because their business models are less complicated. Forwarders choose to buy key inputs instead of making them internally, and this fundamental decision eliminates a significant layer of complexity inherent in operating transportation assets. Forwarders are far less complex because they focus on the basics: sales, terminal operations, transportation services procurement and customer facing IT. Operating transportation assets requires expertise in a wide range of areas, including asset acquisition, aircraft and vessel operations, terminal operations, maintenance and overhaul, labor management, fuel purchasing and regulatory affairs. This wide range of disciplines requires lots of experts in multiple 42 AMERICAN SHIPPER: MARCH 2008 Figure 2 ROCE/1 by industry segment: 2000 –2006 70% 64 Peak 60% Average 57 Trough 53 50% 40% 31 30% 20% 29 22 26 23 19 10% 12 5 0% 0 Scheduled air freight Container shipping Contract logistics Freight forwarding Return on capital employed (ROCE) is defined as earnings before interest, tax and amoritization (EBITA) divided by net working capital plus net property, plant & equipment. Source: MergeGlobal Inc. analysis; Capital IQ; company reports. functional silos, most of which are internally focused and not facing the customer. Another complication for carriers is that asset-based network businesses involve significant shared costs that can confuse asset-based carriers due to arbitrary cost allocations resulting in bad pricing decisions and a poor understanding of customer profitability. Good forwarders are able to trace the majority of a specific transaction’s costs to specific purchased inputs thereby limiting the number of transactions that are priced below direct costs. Freight forwarder M&A continues Mergers and acquisition are a tool that companies can use to grow an existing business or enter a new industry segment. It is often used when a company determines that it would take too long to grow organically or it lacks the expertise to establish a de-novo operation in a new industry segment. As manufacturers and retailers continue to shift their sourcing offshore, domestic-oriented competitors are entering the intercontinental freight market by acquiring freight forwarders. Figure 3 depicts the major competitor segments in the global freight and logistics industry and their participation in each step of the intercontinental freight network. Freight forwarders and integrated small package carriers span the entire chain. However, forwarders focus on heavier freight shipments while integrators specialize in small packages. Air freight and container carriers tend to focus on line-haul and terminal operations serving a mixture of wholesale (forwarders) and retail (endusers) accounts. Domestic competitors, such as intermodal marketing companies (IMCs), truckload carriers, LTL carriers and warehouse-based logistics companies, lack an intercontinental freight transport capability and are moving from their large destination markets in North America and Europe upstream into Asia by acquiring freight forwarders. They seek to follow their customers offshore and increase their exposure to faster growing markets because the domestic market is mature and will grow roughly at local GDP. As a result of the need to go offshore and build scale, M&A in freight forwarding has been relatively steady over the last several years. Figure 4 is a list of the major freight forwarding and related transactions since 2000. The buyer universe comprises strategic acquirers and financial sponsors. The stated rationale among strategic acquirers for buying forwarders includes: • Large multi-segment transport conglomerates pursuing the idea of the one-stop *Actual LOG-NET version 6.0 screen shots. Ready for your supply chain to take off? LOG-NET version 6.0 combines the tools you need into one extremely configurable application to provide you with an on-demand logistics planning, execution and alerting system. LOG-NET provides you with cutting-edge visibility and flexibility to successfully manage your supply chain from order to delivery. If you’re ready for your supply chain to take off, go with the name you can trust, LOG-NET. Global Commerce Platform For more information, please contact us at 732-758-6800 or visit us at www.LOG-NET.com Forwarder Momentum Figure 3 Illustrative competitor segment participation Industry segment Non-asset competitors Origin consolidation Intercont’l line-haul transport Line-haul terminal operations Freight deconsolidation Direct participation in segment by competitor Customs brokerage Inland intermodal delivery Warehouse based logistics Outbound transport (TL/LTL/ domestic intermodal) Competitor segment participation via purchased services Freight forwarders IMC Truckload broker Asset-based competitors Global integrated carriers Air freight carriers Container carriers Contract warehouse logistics Truckload/LTL carrier 2007 market size ($billions) $9 $189 $16 $18 $25 $20 $575 $2,300 Growth rate % (’97-’07) 6% 9% 10% 12% 8% 10% 7% 4% Source: MergeGlobal Inc. primary research and estimates from industry data. shop for global 1000 shippers created a global forwarding platform through numerous acquisitions over the last decade (Deutsche Post buying AEI and Exel, and Deutsche Bahn-Schenker buying BAX Global). • Larger forwarders buy smaller forwarders to add geographic scope and build lane density in markets already served (Schenker’s acquisition of BAX Global in 2006). • Warehouse-based logistics and trucking companies needing a forwarding capability to meet their customer’s intercontinental forwarding needs or forwarders deciding they need to lock in their customers by moving up the supply chain into logistics management (Toll’s recent acquisition of BALtrans, Geodis’ purchase of TNT Freight Management, PWC Logistics’ entry into forwarding with its acquisition of Geologistics, and various warehousing acquisitions by UTi and Kuehne + Nagel). Financial buyers are drawn to the attractive returns of forwarding due to its high growth and capital efficiency. Financial buyers believe they can exit from their forwarder investments either by selling to a strategic or via IPO. Private equity firms with an investment in freight forwarding include: 44 AMERICAN SHIPPER: MARCH 2008 • Apollo Management bought EGL in 2007 and merged it into its 3PL portfolio company CEVA to create the world’s fourthlargest logistics company. • Welsh Carson through its 3PL portfolio company, Ozburn Hessey, purchased Barthco and Dart and hired Mick Fountain, former chief executive officer of Exel Freight Management, to build up the forwarding platform. • 3i bought ABX Logistics in 2006 as a divestiture from the Belgian Railroad. • Solis Capital acquired Kamino Transport in 2006. • Brynwood Partners, the original financial sponsor of AEI, bought InterJet Systems and renamed it IJS Global. The company hired former AEI executive Georgio Lacona as CEO to lead its growth strategy. Prices paid for forwarders have risen in recent years. Multiples of earnings before depreciation and amortization (EBITDA) have been as low as 7.7 times last 12 months (LTM) EBITDA for UPS’s purchase of Fritz during the 2001 tech bubble to nearly 15 times for Toll’s announced acquisition of BALtrans in December 2007. While multiples vary considerably based on business and earnings quality, the general trend is upward as there is a perception of growing scarcity of high quality forwarder companies with gross revenues above $500 million that are available for purchase. We expect a lot of the M&A activity will be at the lower end of the market with companies that have between $200-500 million in gross revenue. We also believe that there are a large number of mid-size high quality forwarders who can be strategically repositioned for growth. Freight forwarder value drivers Wall Street has emphasized several broad success measures for freight transport and logistics companies, including forwarders. These include a focus on global market share and breadth of service capability (the one-stop shop and end-to-end solutions). Being the biggest does not guarantee being the most profitable. Maersk several years ago embarked upon a route leadership strategy that was based on the hypothesis that the carrier with the highest relative capacity share on a trade route would end up with an equally high relative market share and this would translate into above average operating margins. The company built its capacity share with a combination of organic growth and acquisitions. The complication was that the integration of the acquisitions proved to be difficult and costly Forwarder Momentum Figure 4 Historical freight forwarder mergers and acquisitions: 2000-2007 Buyer type Acquisition rationale Date Strategic AU-based 3PL needs Asia forwarding platform Dec-07 Toll Holdings Strategic NZ-based 3PL needs North American forwarding Sep-07 Mainfreight Ltd. Target Logistics Acquiror Baltrans Financial 3PL needs forwarding platform for cross-sell synergy May-07 Ceva Logistics Eagle (Apollo) Strategic Nov-06 Geodis 3PL seeks to build EU forwarding scale Value (MM) Target TNT Freight Management Financial Financial group building end-to-end China-U.S. capability Nov-06 Summit Global FMI by combining ocean forwarding and deconsolidation Revenue EBITDA EBITA HKD2,385 0.5x 15.0x 17.4x $52 0.3x 13.9x 17.8x $1,993 0.6x 14.4x 18.7x €460 0.6x 11.6x $130 1.1x 9.5x 11.3x $43 0.9x 7.7x SGD 1,207 1.2x NA NA NA NA NA Strategic China apparel sourcing company acquires U.S. import infrastructure to create end-to-end China-U.S. capability Aug-06 Li & Fung Impac (IDS Group) Strategic AU-based 3PL buys Asia geographic footprint Jul-06 Toll Sembcorp Financial 3PL needs customs brokerage and forwarding platform Jul-06 Ozburn Hessey Barthco (Welsh Carson) Financial Sponsor bets on furniture industry shift to China Jun-06 GTCR Global Link $129 1.0x 10.2x NA Strategic Forwarder buys truckload broker for inland network Mar-06 UTi Worldwide Market Industries $197 1.8x NA NA Strategic EU-based forwarder needs transpacific footprint Jan-06 Deutsche Bahn BAX Global $1,100 0.3x 9.3x 14.1x Strategic Global integrator adds forwarding scale and logistics Dec-05 Deutsche Post Exel £3,959 0.5x 11.3x 18.6x Strategic 3PL seeks global expansion with forwarding platform Sep-05 PWC Logistics Geologistics $454 1.2x 15.0x 21.5x Strategic Global integrator buys cheaply and gets IT platform Dec-04 UPS Menlo Worldwide Forwarding $260 0.1x 7.9x NM Strategic Transborder customs broker buys transborder truck broker Jul-04 Clarke CAD 50 2.0x 6.9x NA Strategic Global integrator buys forwarder for one-stop shop Jun-04 TNT Post Wilson Logistics SEK 2,350 0.4x 9.8x 11.8x Financial Sponsor invests in China-U.S. import platform Jun-03 KRG Investors FMI $103 1.4x 7.1x Strategic Global integrator buys into forwarding to build one-stop shop May-01 UPS Fritz $512 0.8x 7.7x 13.3x Strategic Global forwarder adds automotive forwarding/ logistics platform Apr-01 Exel Coughlin $210 0.6x NA 17.2x Strategic U.S.-based forwarder buys international platform Oct-00 EGL Circle International $556 1.6x 10.2x 15.5x Strategic Global integrator buys transpacific forwarding footprint Feb-00 Deutsche Post $1,122 2.2x 13.2x NA – Not available NM – Not meaningful CAD – Canadian dollars PBB AEI HKD – Hong Kong dollars SEK – Swedish kronor NA 11.4x 15.3x NA 17.5x SGD – Singapore dollars Source: MergeGlobal Inc. primary research. and that the increases in relative market share did not translate into better pricing power and higher yielding cargo mix. APL, on the other hand, made the right decision to stay small globally, but to seek high market shares in very specific customer and trade routes where it could leverage the uniqueness of its integrated terminal and intermodal operations. Today, APL is a more profitable company than Maersk. Companies who have pursued a ‘onestop’ strategy have had highly mixed results in terms of building shareholder 46 AMERICAN SHIPPER: MARCH 2008 value. Deutsche Post and UPS are examples of global transportation conglomerates that have attempted the one-stop shop strategy. Both companies made a series of acquisitions in small package, forwarding, contract logistics and LTL trucking over the last decade to build out their respective “department stores.” Integrating the acquisitions into their portfolios has been costly and time consuming. The fundamental problem with the strategy is that customers know that no one entity can possibly have the best cost structure in every industry segment and geography. Thus, they do not want to rely on a single service provider for all of their transportation and logistics requirements. Instead, the largest shippers like to act as general contractor and hire the best-inclass specialist for specific segments of their supply chain. This approach gives them the best balance of price and quality. FedEx took the opposite approach and focused on running only asset-based small package and freight networks instead of the one-stop shop. A focused strategy pays d! vere Co We’ve Go t p ing N p i h S r ee u o ds Y DHX-Dependable Hawaiian Express, DGX and DAX are the only names you need to know for costef fective, on-time, trouble-free ocean and air freight service. Give us a call. Toll Free (800) 488-4888 Toll Free (888) 488-4888 www.dhx.com www.dgxshipping.com Member—World Cargo Alliance Member —World Cargo Alliance *ISO 9001: 2000 Certified *ISO 9001: 2000 Certified C-TPAT Validated Toll Free (800) 700-3858 ISO 9001: 2000 Certified *IATA Member & TSA Certified DGX, DAX, & DHX – Dependable Hawaiian Express, Dependable Global Express & Dependable AirCargo Express and the color combination of purple and magenta are the trademarks of DHX – Dependable Hawaiian Express or its affiliated companies. Dependable. From Start to Finish.™ Forwarder Momentum because since November 2000 (Deutsche Post’s IPO date), FedEx’s share price has grown at 10.2 percent per year versus UPS’s at 2.5 percent and Deutsche Post an even slower 0.6 percent per year. We believe there is no substitute for disciplined strategic analysis if you wish to avoid the mistakes of chasing global market share or opening a one-stop shop. Understanding the value drivers of a forwarder helps a potential buyer focus on the key variables that matter most in creating value. Based on our experience in forwarding M&A transactions, we first like to start with a detailed understanding of a forwarder’s value chain and the underlying cost structure. A typical door-to-door value chain for a forwarder identifies the key activities associated with each step in the value chain and the expected behavior of the cost structure in terms of fixed versus variable and location of the costs. The vast majority of a forwarder’s cost structure is variable because so many of the services can be purchased from third parties, including freight consolidation labor, air and container line-haul capacity and local pickup/ delivery (P&D) services. If volumes decline so does the spending on these activities. However, many of these variable costs have minimum purchase commitments in order to obtain the best pricing from suppliers. A sharp falloff in volume could result in unfavorable actions by capacity providers (e.g., an airline or container line denying a forwarder access to peak-season capacity or reprice the services based on a lower annual volume commitment). The geographic location of costs is another important variable to consider. Service industries, like forwarding, tend to have very local cost structures, where the cost structure and productivity of a facility in one market has very little to do with the costs of another facility at another location. Generally, labor that handles freight is location specific. Costs that can be shared across multiple locations generally involve information technology, customer service call center operations and sales. Our next step is to identify the key factors that help or hurt the basic value creation equation. Value is created by revenue growth, operating margin expansion and efficient use of capital. How a forwarder structures its business, picks its customers and organizes its activities has a huge influence on its ability to create value. Ultimately, these decisions require management teams to make tradeoffs, and the managers that are best at deciding what not to do are often the best at creating value. 48 AMERICAN SHIPPER: MARCH 2008 Figure 5 Six common mistakes in evaluating freight forwarders 1. Underestimating the cost of complexity in managing large, diverse logistics ‘mini-conglomerates.’ Forwarders have extremely high returns on capital but low margins. While there are potentially significant benefits of scale and scope in combining logistics entities with different activities, we have found that executives in such combined entities often fail to understand the real P&L of their various units due to organizational complexity. As a result, they cannot properly evaluate growth opportunities, understand customer/segment profitability, or eliminate unnecessary costs. 2. Aspiring to market share leadership in a geographic market that is defined too broadly. While the Jack Welch mantra of achieving global market share leadership is important in industries like jet engines, most of the costs in freight are local or regional. Having global capabilities is certainly important in serving multinational customers. However, route density is the single most important driver of cost structure, and many companies have destroyed value by building overly diffuse networks in pursuit of global market share. A balanced approach is needed and many focused geographic competitors are surprisingly more profitable than companies with broad geographic scope. 3. Correlating effective information technology with spending levels. Some of the most effective IT systems are homegrown and are simply a reflection of the business rules developed by forwarders with sound operations. We have seen little correlation between level of technology spending and the quality of systems. 4. Assuming customers will pay a premium for ‘integrated solutions’ or ‘bundled products.’ Big customers are very effective at disaggregating their supply chain and bidding it out to numerous logistics competitors. Forwarders who emphasize “cross-selling” of other logistics services while maintaining relative independence of other business units have generally been more successful than those who try to subordinate one activity to another or create a hybrid entity. (There tends to be more scope to provide premium priced bundled services to smaller customers.) 5. Equating customer lists with prominent multinationals (household names) as marketing or strategic success. Big customers, again, are often very effective at extracting price concessions from forwarders. While such customers can provide a forwarder with a volume base for lower costs, we have found that forwarders with a sales force capable of reaching less price-sensitive small and mid-sized customers tend to have superior profitability. 6. Failing to be specific and disciplined in defining specific activities in which synergy will occur. Intercontinental forwarding models and segments differ significantly. Many large acquisitions have been premised on vague notions of convergence between forwarding and contract logistics or other broad strategic visions. It is crucial to evaluate specific needs and behavior of customer bases and potential cost sharing in serving such customers. Figure 6 outlines the key value drivers that we have identified during our strategic due diligence of forwarders. We have identified five revenue growth drivers that are consistently seen in high quality forwarders with strong growth and consistent profitability. Being in the right markets is extremely important. Forwarders make this decision by determining the geographic scope of their network. Ideally, a forwarder wants to have disproportionate participation in origins and destinations (O&Ds) in the largest and fastest growing trade lanes. In today’s world, this means an origin capability in China, India and Vietnam that connects the major consumption markets in North America and Europe. Markets with massive spending on infrastructure, like the Middle East, are also important if a forwarder wants to grow faster than the average. Markets with tight supply can be helpful to a freight forwarder even if the margins are lower because the purchased transportation rates tend to be three to four times higher in front haul markets than back haul markets. A lower margin on a much higher absolute Forwarder Momentum Figure 6 Capital efficiency Operating margin expansion Revenue growth Value drivers in freight forwarding Operational driver Mechanism Impact Geographic scope of network Network coverage in largest export markets Enables faster growth due to high growth market exposure Service types offered Balanced mix of air, sea and ground services Enhances customer life cycle management Sales force vertical specialization Intimate knowledge of customer industries leads to customer wins in complex segments Enables capture of high-margin accounts and reduces attrition Medium and small customer account penetration Smaller customers have less buying power and need for comprehensive services Higher prices and sale of value-added services Customer facing IT functionality Enables high-value-added services like origin consolidation Reduces price elasticity and creates switching costs Relative market share on specific front haul O&D lanes High shares on specific routes improves buying power Reduces line-haul transportation unit costs Air freight customer freight density mix Need a balanced mix of high and low density freight on specific O&Ds Expands margin by reducing volumetric surcharges paid to carriers Core carrier program Concentrates transport spend with smaller carrier base Leads to preferential access to peak capacity Regional customer local origin and destination density Creates regional P&D delivery density and reduced one-way trips Generates lower P&D unit costs Balanced mix of high and low demand volatility customers Minimizing demand volatility improves freight handling productivity Lowers freight handling unit cost and increases peak capacity Forced consolidation gateway structure in NA & EU Economies of consolidation facility scale and RFS lane density Reduces freight handling and P&D unit costs Integrated operations IT platform Single platform reduces key strokes and data entry errors while providing high value data Reduces administrative staffing and associated costs Higher share of medium and small size customers Customer payment terms Lowers net working capital required Use purchased transportation for P&D operations Outsourced line-haul transportation Lowers net PP&E employed Large customer of transportation provider Supplier payment terms Lowers net working capital required Source: MergeGlobal Inc. primary research. rate generally produces larger net revenue per unit transported. The higher net revenue per unit is where good forwarders make a majority of their profits. Once its network has been defined, a good forwarder will offer a broad range of service types that are price and transit time options built around multiple modes of transportation. Attracting new customers is always the hardest thing for any business to do and it is no different in freight forwarding. A forwarder wants to be able to handle all or a large portion of a customer’s trade flow in a specific region or country pair. In each trade lane, a major customer will have a portfolio of SKUs — each with different 50 AMERICAN SHIPPER: MARCH 2008 unit values, growth rates and profit margins — moving at the same time. Forwarders that can offer multiple routing options at different price points, transit times and levels of reliability can help such customers lower their total distribution costs. This usually means offering sea freight, both FCL and LCL, air freight for high value or emergency shipments and sea/air services that provide the right balance of time and cost in markets that have really expensive air freight and extremely slow sea freight like Asia to deep South America. A forwarder with a well-trained sales force that specializes in target end-customer industries can build a strong position in specific vertical markets and defend those positions with knowledge. The barriers to entry in automotive, electronics and pharmaceuticals can be high as manufacturers must trust mission critical elements of their supply chain to an outside party, and the cost of choosing the wrong service provider can be career ending. In electronics and pharmaceuticals, the unit value of the products can get extremely high, and cargo security becomes a key issue, which requires specialized knowledge about the operations of these types of supply chains. We have seen on numerous occasions that forwarders will often have more data about the customer and its specific transactions Forwarder Momentum than the customer has itself. This is a result of forwarders that have invested in strong customer-facing IT functionality. Capturing transaction level detail and making it available to customers electronically is a key revenue driver for forwarders. Customers will often award their account to forwarders that have the best functionality in this area. However, not all forwarders understand their costs of providing this IT capability and so they give it away for free. Other forwarders understand very clearly what it costs to provide these services and seek to get paid specifically or in the form of a higher price per freight transaction. Successful penetration of the retailing industry requires strong customer-facing IT in the form of vendor purchase order management systems that allow a forwarder to gather multiple vendor POs in China on behalf of a retailer and consolidate orders into a single box for transport to North America or Europe. This type of shipment is among the most profitable freight in the intercontinental freight market. It is one of the ingredients of the secret sauce that makes Expeditors International so successful every year. A forwarder’s mix by type and size of customer has a significant influence on revenue growth. Ideally, a forwarder should have a higher ratio of medium and small customers because these segments have a propensity to purchase high margin complementary services and are typically less price elastic. Often times, a forwarder can position itself as the only service provider at small or medium accounts, which can significantly increase switching costs to the customer and lower sales costs for incremental business. There are several decisions that management teams can make that can significantly influence margin expansion. These decisions often involve a combination of variables that interact together to produce the impact. The single-largest expense category for a forwarder is purchased air and container line-haul capacity. There are several decisions a manager can make to lower his line-haul transportation unit cost. 52 AMERICAN SHIPPER: MARCH 2008 Forwarders with a high share of total demand on specific freight corridors (lane density) are able to command lower prices because air and container freight typically are priced by directional O&D market. Purposely targeting accounts that build O&D lane volume allows a forwarder to get bigger discounts per unit of capacity from carriers. Global size does not matter because a forwarder can be among the largest globally but have fragmented flows that cause it to fall within the second or third quartile in any given O&D market and therefore not get the best prices. Alternatively, a medium-sized forwarder with a high market share of a select group of routes can obtain the best line-haul prices and use it to win new business, often at the expense of larger forwarders. Customer freight density mix is an extremely powerful value driver. Forwarders with a broad mix of voluminous and dense freight in same freight corridors are able to maximize profits by charging low density freight shippers’ volumetric surcharges and then combining these shipments with high density freight into a tendered consolidated shipment that meets an airline’s minimum weight per pallet. On certain routes, the difference between profit or loss is the ability to optimize consolidation density. Achieving such density mixes requires a well-coordinated approach between locations in origin countries and sales forces in destination markets, where most customers manage their freight forwarding relations. A forwarder can improve its operating margin by aggressively managing its ground transportation procurement. By definition, all air and sea freight shipments are from shipper door to consignee door. The portion of the total door-to-door journey is a function of the competitiveness of a forwarder to quote a price/service combination that is better than what a customer can independently purchase. Use of dedicated truckload capacity on high density lanes can drive delivery costs down. However, it requires significant coordination and planning to execute. Combining air freight and LCL sea freight can drive lane density to the point where a forwarder can shift from LTL to truckload service with the attendant reductions in unit cost. Investment in practical decision support tools also helps forwarders make better tactical decisions about ground routings and carrier selection. Forwarders should seek out a balanced mix of customers with predictable demand and unpredictable demand in same freight corridors to reduce the risk of capacity spoilage on high demand routes where carriers require block spaced agreements. This combined with customers with peak season and contra seasonal demand reduces capacity procurement risk and makes the forwarder more valuable to the carrier in terms of shipment tender reliability. Carriers reward this type of customer loyalty with preferential access to overflow capacity during the peak season as well as boarding priority when freight must be rolled to the next departure. It is like an industrial frequent user card, where carriers take care of the best customers during periods of tight capacity. Another way to build local and regional economies of scale is to construct a forced gateway consolidation network in North America and Europe. A forced gateway strategy involves selecting a few carefully chosen air or seaports with adequate frequency and capacity to a wide range of destinations, and then requiring all interior offices to route freight through these gateways to build O&D volume in ground feeder operations to/from the gateway and line-haul consolidation volumes to improve buying power and freight density mix on specific intercontinental lanes. A forced gateway also leads to a faster learning curve by accelerating cumulative experience by aggregating volumes. Freight handlers become more efficient faster with higher volumes flowing through their larger facility and back office workers are able to Forwarder Momentum obtain transaction processing experience at a faster rate at a large gateway than at a small sub-scale gateway. The volume aggregation benefits of a forced gateway also extend to economies of freight terminal size where larger facilities have lower real estate costs per unit handled and are more capable for handling peak season demand due to flexibility in facility layout. Outsourcing the labor for freight consolidation operations is an effective way for a forwarder to reduce its exposure to having a large semi-skilled workforce and keeping long term handling costs low while maintaining management control of key operational decisions that impact consolidation economics and customer service levels. Investment in information technology has revenue benefits, as described above, but it also has a big impact on a forwarder’s cost structure. A typical forwarding company requires an operations and financial IT. Forwarders with a single integrated operations system have lower administrative cost per transaction, higher data quality, greater visibility on shipment status and better cost driver information that can be fed into a financial system to analyze customer profitability to validate the company’s pricing strategy. Many forwarders do not have a single operations system, and several of the largest forwarders operate different systems for air versus sea freight and different systems in geographic regions and country markets. Forwarders with multiple systems generally grew through acquisition and failed to fully integrate acquired companies’ IT. Botched IT integration projects have caused numerous earnings misses due to unexpected IT consulting fees, lost customers due to poor service and increased labor expense due to re-keying of data to port data across multiple systems. Forwarders that built and maintained a single integrated system consistently outperform those that have not. Another word of caution with IT is that the level of IT spending should not be considered a proxy for effective IT. Often the best IT systems are home grown and developed around the specific business rules of the company. Management decisions also impact capital efficiency. Purposely targeting customers that pay their invoices quickly can help reduce capital employed by lowering the networking capital requirements. Outsourcing local delivery instead of operating an organic fleet keeps assets off the balance sheet and helps lower capital employed. Finally, concentrating spending with key suppliers can make you important enough to that supplier to extract special payment terms that also help lower net working capital required. Conclusions The freight forwarding industry will continue to benefit from growth in trade and certain structural advantages over carriers. But it is important for a buyer of a forwarder to understand where the value drivers are and the relative importance of each one. A buyer must also recognize the hidden costs of complexity when integrating a forwarding capability with freight network and contract warehousing type businesses. Buyers must also recognize that synergies are limited to specific activities and that paying a high premium for activities in which there is not overlap is not wise. Ultimately, value is driven by financial performance, and financial performance is driven strategic position. Strategic position must be assessed in a disciplined manner, which examines the discrete and interrelated activities within a forwarder value chain to understand sources of synergy and options to increase value. ■ AMERICAN SHIPPER: MARCH 2008 53 Another day at the office for UPS You know you’re in a UPS town when the place you’re staying at is called The Brown Hotel. Or when the wonderful Latin American restaurant Seviche has a postscript on the bottom of its menu that reads: “Thanks to our local UPS hub, we are able to get daily flown-in seafood, caught the same morning.” UPS headquarters is in Atlanta, but the center of its express package and freight universe is the Worldport hub in Louisville, Ky. The city is also the base for UPS Airlines, celebrating its 20th anniversary. My visit was an opportunity to see UPS in action and the industrial engineering marvel that allows it to move hundreds of thousands of packages overnight for next-day delivery. And there was plenty of action. As we arrived for a debriefing the night of Feb. 5 a huge line of thunderstorms was moving through eastern Texas and up to the Great Lakes. That’s the type of situation that normally disrupts passenger airlines. But UPS, like its counterpart FedEx, is built around meeting delivery commitments and has backup plans for just about any contingency. At the UPS Operations Center a team of meteorologists was monitoring the weather conditions. The integrated logistics provider employs sophisticated monitoring systems and has developed proprietary software to better analyze weather patterns. It also created its own model for forecasting fog. The Flight Control group comprises 65 licensed aircraft dispatchers working around the clock on three shifts to plan domestic and international flights. Tasks include planning cargo loads, routes, refueling nodes, and crew scheduling, monitoring airport conditions, and handling in-flight diversions and emergencies. Things were just beginning to get interesting. The meteorologists were on the lookout for possible tornado activity. “We’ve been working this scenario the whole day,” flight manager Sam Kern said. At 7 p.m. EST, UPS contingency planners held a conference call in which they determined several inbound flights affected by the storm should be held on the ground at origin. These locations included Tulsa, Okla.; Richmond, Va.; and Washington Dulles International Airport. The ground stop was later expanded to St. Louis, Minneapolis and Memphis, among others. At 10:30 p.m. operations staff postponed some takeoffs within 400 miles to gain better control of the incoming traffic. By staggering planes UPS can avoid ramp delays and congestion caused by scheduled and weatherdelayed planes arriving at the same time. Dispatchers also ordered many planes to take on extra fuel so they could hold in the air above Louisville for an hour or more, if necessary. Plans were also in place to divert several planes to other regional UPS hubs where incoming packages could also be sorted. But the Rockford, Ill., facility was off the table because the airport was being hit by snow. The preferred option is to try and wait out the weather as long as possible and avoid diverting aircraft. Meanwhile, five flights already en route were diverted to refuel. At 11 p.m., we headed across the highway to the giant sort center on the grounds of Louisville International Airport. It was “rush hour” because that’s when thousands of UPSers come to work to load and unload the planes and feed packages through the automated sortation system. Most of the activity takes place between 11 p.m. and 54 AMERICAN SHIPPER: MARCH 2008 3 a.m. so the planes can reach the next airport, package cars can be loaded and roll out to make morning deliveries. Every night, the express package and freight carrier turns around about 105 aircraft. When Louisville came under a tornado warning, it shut down operations at Worldport for 40 minutes. Tornadoes in four states that night killed 54 people. The UPS operation quickly returned to normal, but three planes sustained minor damage. One of them, an Airbus A-300, suffered a few punctures to its skin when the wind slammed some Unit Load Devices into the plane. UPS deployed spare planes to take their place without missing a beat. By 1:45 a.m. fewer than half of the 78 scheduled flights had arrived at the international hub. Flights were 63 minutes late on average due to the storms. Operating with an hour penalty, the UPS team was still able to meet its delivery windows for more than 90 percent of the shipments that came through Worldport that night. UPS takes these steps because the customer in Hong Kong or Berlin doesn’t know that there were tornadoes in Kentucky and doesn’t care. The only thing she cares about is getting her package on time. Worldport is a 4 million-square-foot engineering marvel. It’s easy to view it as part of the landscape now, but it’s amazing that a bunch of individuals had the vision to create a totally automated sorting center that normally handles about 850,000 packages per night and up to 950,000 during peak season (roughly 305,000 to 350,000 items per hour). Over a full day it processes about 1.2 million packages and more than 130 aircraft. Workers quickly remove the package bins from the planes and place shipments on one of three high-speed conveyor belts — flats and small parcels, regular packages and irregular packages. Dimensional weight scanners measure packages and sophisticated cameras read smart labels. As packages and documents whir along miles of conveyors, computers read bar codes and direct traffic. Here plastic sliders pop out to push a package down the correct chute. There bins drop open and deposit the package in the correct bag that will be placed on a plane headed to an airport near the consignee. It takes 13 minutes and nine seconds on average to sort a package. All this activity is choreographed by the technology (wrap your head around this statistic: 59 million database transactions per hour), which is a key differentiator for a company that invests $1 billion per year in information systems. For all its high-tech innovation, perhaps most noteworthy is how UPS has adapted its workforce to meet its needs. Through its Metro College program UPS pays tuition and course-completion bonuses (along with wages and benefits) for thousands of Kentucky residents to attend the University of Louisville and surrounding community colleges in exchange for working the part-time night shift. It’s a bargain compared to hiring full-time employees who would be idle half the day. Meanwhile, UPS keeps planning for future growth. The $1 billion-plus construction of two more load/unload wings is scheduled to be completed in 2010, bringing sort capacity to 416,000 packages per hour. Plans are also in the works to expand capacity to 487,000 packages per hour. UPS Airline began adding 747-400s to its fleet last year. The world’s ninth-largest airline plans to take deliveries of more this year and park or sell 10 older 747-100s and 200s. Altogether, it operates 268 of its own aircraft supplemented by more than 300 charter aircraft. TRANSPORT / AIR ACE lift for Air AMS Improvements to U.S. air cargo manifest program to benefit IATA’s e-Freight initiative. BY CHRIS GILLIS W hen shippers request air transport services from their freight forwarders, they expect rapid and efficient delivery of their goods. However, air cargo generally moves as fast as the attached paper waybill, and if that documentation should become separated from the shipment while en route, shippers may experience severe delivery delays and financial losses. U.S. Customs and Border Protection has operated an electronic data interchangebased automated air cargo manifest program for more than 15 years. While the system holds much promise for industry efficiency, Air AMS has failed to spur an operational dependency that has long been witnessed through other automated CBP manifest programs, such as ocean and rail. “Other slower modes have increased the velocity of their cargo clearances and improved 3PL and equipment handling via EDI,” said Kim G. Santos, director of CBP’s Cargo Control and Release Requirements Division in the Office of Information and Technology, during the first meeting Santos in Washington of the International Air Transport Association’s global e-Freight project on Jan. 16. “Twenty-ton ocean containers may be moving faster through our ports and terminals than air freight at our airports,” he added. “The ocean industry moved 70 million metric tons of dry cargo and 700 million metric tons of petroleum in 1999 through our ports and those figures have surely gotten higher,” Santos said. “Yet the cargo dwell time at the port of unlading has been reduced to hours in many instances. “On a weekly basis, the rail industry imports 40,000 loaded railcars and trains that can be 8,000 or more feet in length and have almost ‘roll-through’ clearances at many CBP ports.” 56 AMERICAN SHIPPER: MARCH 2008 “ACE will automate the total import/export transportation process. Sixty-two of the 65 government agencies involved with air transportation will be using the ACE system for their manifest and transportation information.” Orrin Ramstad chairman, Air Manifest Users Group In 1972, the average transit time for an international air shipment was 6.5 days. Since then, IATA estimates that airlines have only managed to reduce that transit by 12 hours. Air cargo analysts say this has much to do with the continuation of paperbased waybills and manifest procedures. It’s estimated that the airline industry moves enough paper each year to fill 39 Boeing 747 freighters. From the start, CBP’s Air AMS had a difficult uptake within the industry. First the system stood alone from the rest of CBP’s manifest processes, such as ocean and rail, which used ANSI X12 EDI formats. When it first deployed Air AMS, CBP made the decision to use the CargoImp EDI format to accommodate the trade. The railroads and ocean carriers were quick to work together with the government on efficient automated manifest procedures for their respective freight transport sectors. “Working collectively and with a common, focused voice, they have achieved economies in their operations, enhanced the effectiveness of their representation and, in terms of e-Freight, promoted uniformity in the design, development and deployment of their e-Freight initiatives,” Santos said. Railroads and ocean carriers also continue to integrate their operations with terminal operators, forwarders, shippers, customs brokers, custodial entities and regulatory agencies. “Information sharing via EDI reduces paper document handling, speeds cargo clearance and improves equipment utilization, all of which enhance the revenue stream back to the carrier,” Santos said. In the United States, the airlines, through the auspices of the Washington-based Air Transport Association, formed the Air Manifest User Group to work with CBP on automation issues and management of Air AMS applications. “I believe that if IATA and the ATA Air MUG coordinated efforts in areas of common interest, such as automation of air cargo processing and clearance, as great economies could be achieved as we have seen in the rail and ocean sectors,” Santos said. Modern Touches. CBP will make a number of updates to Air AMS as part of its new umbrella computer system, the Automated Commercial Environment. First, the agency is moving Air AMS into a browser environment for the industry and its field officers. Internally, this change will allow CBP quicker access to manifest information. For the industry, it will support a “trade portal” through which an air carrier can establish an ACE account that will provide the trade partner new capabilities, such as running reports from CBP’s stored data, better managing the use of custodial bonds, efficiently routing CBP advice to the industry, and adding any new functions requested by the air industry through Air MUG, the Trade Support Network, and operational enhancements from CBP’s Office of Field Operations, Santos explained. CBP will extend the “broker download” capability to Air AMS users. Broker download serves as an electronic “heads up” that a shipment is incoming for the broker identified within the waybill transmitted to CBP. “Broker download promotes pre-arrival entry filing, also called pre-filing,” Santos said. “That means the cargo release data has been received and processed by CBP before freight arrives in the U.S. and that is how velocity is added to the movement of air cargo at the point of cargo control and release — the airport in the U.S.” Additionally, CBP will extend to the air transport industry its highly success- TRANSPORT / AIR ful “secondary notify” function to participate in the e-Freight within the ocean and rail secinitiative,” he added. “That’s tors. This capability allows CBP extremely good news.” The International Air Transport Association is gradually to send a copy of the official Tubbesing said IATA will progressing in its march to make filing of air freight docucargo release message to enticonduct a “gap analysis” bements more electronic. ties designated by the importing tween what already exists in the Launched in 2004, the standards were jointly developed by carrier, such as truckers, bonded U.S. system to help eliminate IATA and the World Customs Organization. warehouses and container freight paperwork for both inbound and At a January air cargo conference in Mumbai, an IATA ofstations, allowing cargo to move outbound shipments vs. what still ficial gave a quick rundown of the project’s current status. more quickly through these needs to be done. IATA will also “E-Freight is about removing the need for the paper chase,” handoffs. “There are no lost pacreate a “joint understanding” said Aleks Popovich, global head of cargo at IATA. “In pasper documents and everyone is between Air MUG, the Internasenger terms, e-Freight is like an e-ticket and an e-passport enfranchised at the speed of light tional Federation of Freight Forfor customers who can’t walk or talk.” with the CBP shipments status warders Associations (FIATA), The system is live in six locations (Hong Kong, Sweden, advice,” Santos said. and itself to communicate to CBP Singapore, the United Kingdom, the Netherlands and Canada) For the most part today, CBP’s in “one voice,” he said. on 20 connecting routes, involving seven forwarders, seven regulations allow for paper-free “The Air MUG committee airlines and 11 customs and government bodies. inbound U.S. cargo transportabelieves strongly in the e-Freight Popovich said the system has been successful in removing tion. Exceptions are the General principles and process, however about 60 percent of the paper documents necessary in an air Declaration and a small percentparticipation in the test program cargo shipment: age of import transactions, from will be each carrier’s decision,” • Three between the shipper and forwarder. 1 percent to 5 percent, that require Ramstad said. Air carriers United • Four between the forwarder and export customs. documents to clear customs. Exand American told IATA that they • Three between export and import customs. port manifest automation plans are would be interested in participat• Three between import customs and the shipper on the ing in a U.S. e-Freight pilot. underway in ACE to implement receiving end. paperless outbound processing Earlier attempts to eliminate “It’s not perfect, but it’s moving forward,” he said. “DHL, by 2010. Paper General Declarapaper within the highly fragfor instance, has decided to do e-Freight on every route betions will likely be eliminated at mented air cargo industry were tween these six locations. And eight more locations will be that time, if not sooner, said Orrin largely failures. But a recent added in 2008.” Ramstad, chairman of the Air IATA survey found that 99 perFor more information on e-Freight, go to: www.iata.org/ MUG, and senior specialist with cent of its airline and forwarder stbsupportportal/efreight/. Northwest’s cargo operations. members use Internet-based “ACE will automate the total communications today. import/export transportation “Clearly, we have to do it,” process,” Ramstad said. “Sixty-two of the officials and corporate volunteers from the Tubbesing said. “We need to get out of the 65 government agencies involved with air airline and forwarding industries. stone age. We cannot continue this way “Never before has there been this level with global traffic growing at 6 percent. It transportation will be using the ACE system for their manifest and transportation of seriousness and professional effort be- is impossible given the other industry chaling made to take paper out of the air cargo lenges, such as fuel that can push down our information.” process,” said Jens Tubbesing, president of operating margins. U.S. Onboard. For IATA representa- Cargo Network Services Corp., the U.S. “Now, will the e-Freight initiative for affiliate of IATA, in an interview with achieving paperless be perfect? No. But it tives, CBP’s upgrades American Shipper. to Air AMS speak to leads us in the direction for how it can be “U.S. Customs is very eager and willing done,” he said. ■ the Montreal-based organization’s e-Freight initiative to eliminate paperwork throughout the air cargo system. IATA estimates that automation of cargo documents will Tubbesing reduce international transits by a day and a half, or 25 percent. The annual savings from the elimination of paper would be about $1.2 billion of which $216 million would be realized by shippers, IATA said. Late last year, IATA launched a series of successful paper-free pilot tests between the air cargo markets of Canada, Sweden, Hong Kong, Singapore, United Kingdom and the Netherlands. IATA now wants to expand the pilots to larger, more complex air cargo markets, such as the United States. The pilots involve project teams comprising IATA E-Freight update AMERICAN SHIPPER: MARCH 2008 57 Your country needs you: Spend, spend, spend! Nervous investors have been dumping liner stock in droves of late, sending the share prices of many leading container operators in Europe and Asia into a tailspin. Roughly two-thirds of the container shipping market is consumer goods related, so are those shareholders rushing to sell because of fears over a looming U.S. recession? Or is the squeeze on carrier profits from record bunker prices? Or maybe it’s just fallout from the global stock market turbulence? Someone with a better grasp of the markets than me is U.S. activist shareholder Guy Wyser-Pratte, interviewed on pages 66-68. He pinned the blame for Jan. 21, “Black Monday” — the worst day of trading since Sept. 11, 2001 — on the subprime crisis rather than lingering recession fears. “What’s happening in the markets is a financial event and not an economic one,” he said. “They’ve gone down because you have a potential tsunami of worthless paper floating above the markets in the form of insured credits from these so-called monoline insurers like Ambac and MBIA, which went outside of their traditional business of insuring municipal loans and went into insuring subprime mortgages. “It is creating some fear and trepidation in the markets and in the public’s mind. But I don’t see a recession at this point. It’s a financial event that has yet to affect Main Street. It’s certainly affected the housing market but the subprime market is the major casualty.” However, Global Insight’s latest U.S. macroeconomic forecast already has the United States in a mild recession at least for the first half of this year. The Boston-based firm expects U.S. gross domestic product declines of 0.4 percent in the first quarter and 0.5 percent in the second. This will be followed by growth rebounds of 3.4 percent in the third quarter and 2.7 percent in the fourth as monetary and fiscal stimulus kicks in. Alas, that boost to consumer spending from tax rebates is expected to fade for the first quarter of 2009 with GDP growth slipping back below 1 percent. Further evidence that U.S. consumers are getting jittery and tightening their collective belts comes from the disappointing holiday season sales and fewer inbound containers arriving at major U.S. ports, a situation poised in February to stretch to seven consecutive months of year-on-year declines. Also, the government’s $152 billion economic stimulus package might not work as planned, as a number of opinion polls indicate most people won’t actually spend the tax rebates on retail goods but rather use the cash to clear debts, or make investments and donations to charity. I wonder if consumer confidence would be higher right now if Black Monday had been branded with a slightly brighter color? I mean where can you go after that? Super Tuesday I guess. But will a recession really damage the ocean carriers as hard as wary investors seem to think, and have the polls underestimated the appetite of the U.S. consumer? Adolf Adrion, the soon-to-retire boss of German carrier Hapag-Lloyd, admitted in London recently that he expects to see a “small trough” in U.S. demand for liner services, but remains confident U.S. shoppers won’t stay away from the mall for too long. “Knowing the mentality of the Americans I still hope they will go back to their mentality to buy even if they don’t have money in their pockets … we will not see a 58 AMERICAN SHIPPER: MARCH 2008 change in the attitude of the Americans. They love to buy and we love to serve them!” Philip Damas, who works for London-based Drewry Shipping Consultants, is also confident that the liner business will ride the latest storm. His rationale is that unlike the scenario post-Sept. 11, when most of the world markets collapsed in union, this time around the United States stands out in terms of its exposure. “There are many strong trades unrelated to the U.S. economy and these, so far from all the records we have seen, have been insulated from the downturn in the U.S.,” he said. “There is a buffer there that will help the container shipping industry get over the shock of the transpacific and transatlantic trades.” Drewry does expect the rest of the world to slow, only in a more moderate fashion compared to the United States. On a global basis the company foresees container throughput growth dropping from 12 percent last year to a still healthy 10 percent in 2008. Another reason for shipping lines to be encouraged, Damas said, is the supply and demand balance is relatively good by historical standards “so I don’t think the shipping lines are panicking on that issue.” Paul Bingham, a principal with Global Insight, is a tad less optimistic. “Perceptions of shareholders are difficult to identify, but there is no doubt that equity investors are aware of the weakness in the economy and that softer demand for goods means a reduction in the demand for shipping goods, which clearly will affect shipping lines. “The non-U.S. markets will likely again prop up the lines in 2008 but not to the same degree as they did in 2007, because there have been consequences for global financial and credit markets from the U.S. downturn that are slowing demand in many of those economies as well.” Even if bargain hunters flock to the discount stores, the virtual warehouses of cheap Asian goods, Bingham said total U.S. volumes would decline. “While there will be some source geography impact on the lower-price product composition of consumer spending in recession, this effect will be much less than the overall reduction in demand,” he said. Sensing the downturn in the U.S. trades, lines have already cut their cloth accordingly by relocating tonnage from the Asia to North America route to more profitable corridors such as Asia/Europe, something that will likely continue until U.S. demand picks up. Until then, Damas thinks lines will probably look to off-hire some chartered tonnage and try and reduce fixed costs, such as from U.S. intermodal operations. “If they do that they should be able to survive and continue well into the future.” There are those who would welcome a U.S. economic blip. With fewer goods from the Far East expected in U.S. stores, the World Bank recently cut its forecast for China’s 2008 economic growth to 9.6 percent from the 11.4 percent it grew last year. Far from worried, some Chinese economists believe a U.S. recession could actually narrow trade imbalance between the two countries. “A reduction is good to ease international pressure, adjust the economic structure and enlarge domestic demand,” Zheng Jingping, a researcher with the National Statistics Bureau, told Xinhua recently. The Xinhua report, citing economists’ calculations, said a drop of one percentage point in American GDP would lead to a five percentage-point decline in the growth rate of Chinese exports. WHAT WILL YOU DO IF IT HAPPENS AGAIN? The East Coast Alternative Virginia Maritime Association’s International Trade Symposium 2008 Confirmed ITS speakers include: May 8-9, 2008 Charles W. Moorman – Chairman, President and Chief Executive Officer, Norfolk Southern Corp. Norfolk Sheraton Waterside Richard P. Hughes, Jr. – President, International May 8: International Trade Symposium & Banquet May 9: Golf Outing Longshoreman’s Association Charles G. Raymond – Chairman, President and Chief Executive Officer, Horizon Lines Inc. This year’s theme “The East Coast Alternative” explores three important panels: Joseph F. Carroll – Publisher, Furniture Today Thomas Capozzi – Senior Managing Director of Marketing • Armchair Logistics: Furniture Distribution Today Services, Virginia Port Authority • The Business Case for Trans-shipment • East Coast Surge Capacity John Wheeler – Director of Trade Development, Georgia Ports Authority Fred Stribling – Vice President of Marketing and Sales, South Carolina State Ports Authority Visit www.VAMaritime.com / symposium for information and registration. Sponsored by Virginia Ports Authority, Maersk Line, Norfolk Southern, Marine Repair Services, and “K” Line. Shifting trade winds With imports booming in Europe, carriers trim transpacific capacity. BY CHRIS DUPIN 60 AMERICAN SHIPPER: MARCH 2008 S hipping companies reduced their container capacity out of the transpacific in the last part of 2007 while increasing the number of slots on services in the Asia/Europe trade. Statistics compiled by American Shipper’s affiliate, ComPair Data, show Asia/U.S. carriers had weekly capacity to the West Coast of 265,931 TEUs as of Jan. 1, about 5 percent less than Oct. 1, 2007. For the U.S. East Coast there was 75,585 TEUs of weekly capacity at the start of this year, 8 percent less than Oct. 1. In contrast, capacity from Asia to North Europe grew 6 percent to 211,626 TEUs per week; from Asia to the Mediterranean improved 4 percent to 142,010 TEUs per week. Carriers are responding to rapid growth in the Asia/Europe trade that is expected to continue in 2008. “Because we expect Far East to Europe container volumes to keep growing much faster than transpacific volumes, the Far East to Europe trade should overtake the transpacific eastbound trade this year for the first time since the start of containerized shipping,” said Philip Damas of Drewry Shipping Consultants in London. Niels Erich, a spokesman for the Transpacific Stabilization Agreement, which represents 15 steamship lines in the Asia/U.S. trade, notes that some of that fourth quarter capacity reduction is seasonal because of carriers’ tendency to make repairs and conduct routine maintenance on vessels during the post-holiday lull. But ComPair Data found the fourth quarter reduction in transpacific capacity of 5 percent in 2007 greater than the 3 percent reduction in the fourth quarter of 2006 or 2 percent reduction in the fourth quarter of 2005. There was actually a 2 percent increase in capacity in the fourth quarter of 2004. But he also said, “The lines typically try to scale their fleets as best they can to market demand. I think what you are seeing is the market at work.” Ben Hackett, executive managing di- Philip Damas Drewry Shipping Consultants “The Far East to Europe trade should overtake the transpacific eastbound trade this year for the first time since the start of containerized shipping.” rector with the economic forecasting firm Global Insight, reckons that because of a sharp slowdown in the second half of 2007, eastbound transpacific container traffic was flat last year compared to about 9.6 percent growth in 2006. With transpacific traffic moderating even during last year’s peak season, and costs — especially for fuel — climbing sharply, Erich said carriers have looked at opportunities to deploy ships in other trades with stronger cargo growth or use them to reduce costs by slow steaming. “Traditionally, the transpacific eastbound to North America, especially the U.S., has been the so-called darling because of the growth it had continuously for many years,” said Arnold da Silva, an executive vice president at Schenker, the large non-vessel-operating common carrier. “This is changing — it changed last year and is likely to change this year if you believe everything you hear about the subprime crisis and so forth. For the carriers, the rate levels are significantly better on the Asia/Europe routes da Silva and for this reason they are putting their resources to the trade lanes that give their best returns.” Some of the transpacific reduction may be seasonal, but the TSA is predicting only limited growth in cargo volumes in 2008 for its members of 3 percent to 5 percent, compared to 8 percent in the first nine months of 2007 and 9.6 percent for the whole of 2006. With the U.S. economy’s slowdown at the end of last year, carriers in the U.S. trades are expected to be cautious about expansion. Advance estimates released by the U.S. Bureau of Economic Analysis showed real gross domestic product increased at an annual rate of just 0.6 percent in the fourth quarter of 2007, compared to 4.9 percent in the third quarter. “We will be monitoring the market very carefully in the early part of this year,” said Brian M. Conrad, TSA executive administrator, in January. He said the slower cargo growth forecast for this year “supports lines’ individual decisions to redeploy new and existing ships to intra-Asia, Asia/Europe or Latin America. At the same time, many analysts forecast a turnaround in the U.S. economy later in 2008, and lines see the potential for volatility, beginning in late spring and continuing into the peak season due to some very significant, one-time events.” TSA said those events include the Beijing Olympics, when factories in parts of China are expected to close; the contract negotiations with the International Longshore and Warehouse Union; the clean truck program in Los Angeles and Long Beach; and the implementation of the federal Transportation Worker Identification Credential, Table 1 Capacity changes in the Asia/Europe trades (Weekly capacity in TEUs, adjusted, Jan. 1, 2007 to Jan. 1, 2008) Trade Asia to North Europe Asia to Mediterranean Total 1/2007 171,951 104,259 276,210 4/2007 173,894 108,321 282,215 % chng 1.1% 3.9% 2.2% 7/2007 190,439 122,652 313,091 % chng 9.5% 13.2% 10.9% 10/2007 199,875 136,691 336,566 % chng 5.0% 11.4% 7.5% 1/2008 211,626 142,010 353,636 % chng 5.9% 3.9% 5.1% Source: World Liner Supply reporting service of www.compairdata.com. AMERICAN SHIPPER: MARCH 2008 61 TRANSPORT / OCEAN which may create shortages of trucking services. TSA lines forecast an average 2 percent to 4 percent increase in their aggregate transpacific capacity in 2008, but cautioned that the gap could narrow if economic conditions do not improve and carriers scale back operations further. TSA said its members had high vessel utilization during the fourth quarter, averaging 94 percent via the West Coast and 91 percent via East Coast all-water service, up from 2006 levels. Erich said that was partly a result of carriers trimming capacity to meet demand, but also a reflection that TSA members were increasing market share. Hackett of Global Insight believes it will be six to nine months before additional capacity begins to flow back into the transpacific trade, pointing to weak U.S. consumer demand and the fact that the Asia/Europe trade is “holding up pretty well, though slowing up a little.” “I don’t think ships will return to the U.S. as lines indicated they would take additional tonnage out in 2008,” said Charles de Trenck, a shipping industry analyst with Citigroup. “But neither do I think capacity will remain quite so tight in most of 2008. “I would expect demand to remain flat with risk that it moves into negative territory during the first half of 2008. In the second half I think we could be flat with little rebound in volumes until 2009,” he added. “The downside risk is that this malaise continues into 2009 as the U.S. recovers from its credit-driven binging over the last decade or more. But clearly authorities are trying to kick-start the consumer again with more subsidies. If they succeed, then the downside scenario may not materialize and we may be in position for volumes to rebound a little more in 2009.” And if that happens, it will be “just in time for the acceleration of super post- Table 2 Services started in the Asia/Europe trades (Weekly TEU capacity added, Oct. 1, 2007 to Jan. 1, 2008) Asia/North Europe 1,266 2,882 0 0 Carriers and service name COSCO/“K” Line/Yang Ming/Hanjin - AE3 Hanjin Shipping/UASC - CNX Evergreen Line - AEM Wan Hai/PIL - FBS Asia/Med 422 0 2,524 1,345 Source: World Liner Supply reporting service of www.compairdata.com. Panamax accelerated deliveries, which will go mostly into the Asia/Europe trade,” and which may lead to a cascade of ships back into the Pacific trade. “The transpacific peak in 2007 wasn’t what was anticipated and I think will be similar in 2008,” said Jimmy Crabbe, vice president of UPS Global Ocean Freight Services. And the weak dollar has driven interest in both U.S. exports and different trades, he noted. “Add all that up and Crabbe there are good reasons why the carriers might be moving out of their least profitable trades if you look at it and put it in the most profitable trade — which is the Asia/Europe trade,” he said. Drewry Shipping Consultants estimates that total adjusted capacity for the eastbound transpacific trade capacity grew just 0.7 percent during 2007. In contrast, Far East-to-North Europe capacity was 19.7 percent higher at the end of the year than at the beginning, and Far East to the Mediterranean was 51 percent higher. In the Mediterranean there were 10 new services launched last year as well as significant upgrades on existing services, noted Neil Dekker, editor of Drewry Ship- ping Consultant’s Container Forecaster. “This is the first time where the growth on the trade from Asia to Europe has outstripped trade to the U.S.,” said Rod Riseborough, chief executive officer of the Far East Freight Conference, which represents 17 container carriers in the Europe/Asia trade. “Normally they’ve run fairly parallel” FEFC carriers saw liftings from Asia to Europe grow 19 percent in 2007 to 9.5 million TEUs. They grew 17.5 percent to 6.2 million TEUs in North Europe and 22 percent to 3.3 million in the Mediterranean/Black Sea trade. FEFC dominates the trade, but there is significant participation by outsiders as well. Drewry figures show that volume in 2007 from Asia to Europe by conference and non-conference carriers combined increased about 20 percent to 13.5 million TEUs. Of this, trade to North Europe grew about 18 percent to 9.2 million TEUs and trade to the Med soared about 23 percent to 4.3 million TEUs. “It is difficult to say exactly how much tonnage has been directly displaced from the transpacific trades to the Far East/Europe trades, but it was made fairly public that in the last year China Shipping Container Line, COSCO and Evergreen have displaced some 7,000-TEU and 8,000-TEU vessels back into the Far East/Europe trade,” Dekker said. “Zim-Evergreen an- Table 3 Biggest Asia/Europe capacity adjusters (Weekly capacity in TEUs, adjusted, Oct. 1, 2007 to Jan. 1, 2008) Maersk Line/Safmarine CKYH Alliance CMA CGM/China Shipping Mediterranean Shipping Co. Grand Alliance Evergreen New World Alliance Other carriers Total Asia/North Europe 10/2007 1/2008 % chng 41,147 39,781 (3.3%) 41,809 43,689 4.5% 31,009 35,381 14.1% 15,251 20,556 34.8% 28,696 28,219 (1.7%) 13,692 13,595 (0.7%) 16,741 18,689 11.6% 11,530 11,716 1.6% 199,875 211,626 5.9% 10/2007 26,005 20,591 28,609 30,551 9,277 7,823 3,209 10,626 136,691 Source: World Liner Supply reporting service of www.compairdata.com. 62 AMERICAN SHIPPER: MARCH 2008 Asia/Med 1/2008 % chng 30,480 17.2% 23,597 14.6% 26,169 (8.5%) 26,544 (13.1%) 9,407 1.4% 10,474 33.9% 3,684 14.8% 11,655 9.7% 142,010 3.9% Combined 10/2007 1/2008 67,152 70,261 62,400 67,286 59,618 61,550 45,802 47,100 37,973 37,626 21,515 24,069 19,950 22,373 22,156 23,371 336,566 353,636 % chng 4.6% 7.8% 3.2% 2.8% (0.9%) 11.9% 12.1% 5.5% 5.1% What you need to know. American Shipper’s new Web product provides an in-depth look at trade between North America and the Indian Subcontinent. Namaste provides strategic advice and analysis that supply chain professionals can use in launching or expanding operations in India, Pakistan or Sri Lanka. Welcome! In India, ‘namaste’ (nah-MAH-stay) is a traditional and ancient greeting and parting phrase, indicating respect. In this case, American Shipper is welcoming our readers into the world of trade with the Indian Subcontinent. Namaste subscribers will have free access to: Industry wrap-up – Eric Johnson, an industry veteran editor and host of our Namaste program, provides a monthly column summarizing events of the past month and offering insights into trends and issues. Executive Q&A series – Interviews with industry experts and newsmakers in the market, offering alternative views and perspectives on events and trade. Industry research and analysis – Featuring in-depth content from ComPair Data’s global liner services database. Namaste also introduces ComPair’s new Capacity Allocation Reports! The latest news — Content relevant to the North America-Subcontinent trade – covering shippers, logistics, regulatory compliance, ports and ocean, inland and air transport – continually updated! www.americanshipper.com / namaste TRANSPORT / OCEAN nounced just before Christmas that their AUX string (surprisingly for the U.S. East Coast) would be suspended permanently and the 4,400-TEU nominal vessels are being put into the Europe trades.” Riseborough said that while Maersk, for example, moved an entire string of 4,000-TEU-plus ships from the Pacific to the Asia/Europe trade, most carriers have managed capacity in the transpacific by taking large ships out of the Pacific and replacing them with smaller ships. Evergreen replaced a string of 7,100-TEU ships with 5,500-TEU vessels. The large ships have been put into the Asia/Europe trade, which Riseborough said has the added benefit of helping “to deal with the congestion we have in North European ports.” For example, it takes less time to dock, set up, discharge and load two 7,500 TEU ships than three 5,000 TEU ships, he said. In addition, he notes many carriers have inserted additional ships into Asia/Europe strings so they have nine rather than eight vessels. This allows them to reduce the speed of ships, fuel consumption, and still maintain weekly port calls. It also gives them increased flexibility in their schedule to deal with port congestion. Hackett said 10 ships are even being used on some very long strings. Some transpacific carriers have leased out ships in the charter market for short terms, he said. This allows some carriers to begin services sooner, rather than waiting for vessels under construction to be completed. “The developments which have taken place are all about the overriding economics,” Dekker said. “Eastbound transpacific growth has been poor in 2007 and as a result of two years where the carriers negotiated little or no increases in the shipper contract all-in rates, they have been very much exposed to increasing fuel and intermodal costs, which has hit them hard.” Bill Ralph, an economist with R.K. Johns & Associates, agreed that the numbers over the past few years have shown Asia/ Europe is the most dynamic trade route, sustaining 20 percent to 30 percent annual volume growth. “It is incredible. The carriers have reacted to that as required with the addition of considerably larger ships in the Europe/Asia trades. Clerc Vincent Clerc, vice president for Pacific services at Maersk, said, “When different markets go through the outsourcing pattern, you see basically an S curve where you have 64 AMERICAN SHIPPER: MARCH 2008 the pioneers go first and the market grows very slowly at the beginning; then you have some years of extremely heavy growth; then growth slowly tapers a little bit as you get toward the end of the S curve because you have basically done the outsourcing you can do. “The U.S. outsourced earlier and faster than the Europeans and were at the top of the S curve 2000-2002, and that is when growth on the Pacific was very strong. Europe has made the move a little later. And with the very strong euro, the advantage that they got by outsourcing became more obvious to them and so they have done it a lot.” That strong trade also may explain why Europeans have been more accepting of higher bunker charges than shippers in the transpacific, he said. “My caution is that the economic indicators point to the fact Europe growth is likely to slow, although I don’t think anyone is talking about a recession in Europe,” Ralph said. “But slower growth is going to have an impact on volume growth in containers. The real issue is how will the carriers react given the large amount of assets they have put into that trade and are still planning to based on the order books.” The International Monetary Fund said in January that it expected economic growth to slow from 4.9 percent in 2007 to 4.1 percent in 2008. In the United States a slowdown of from 2.2 percent to 1.5 percent is predicted; and in the “Euro zone” from 2.6 percent to 1.6 percent. But Riseborough cautioned against looking at Europe as a single entity, noting rates of growth vary by region. “You don’t have a single economy — the Euro zone, the U.K., and Eastern Europe — they all have different currencies and they tend to move at different paces,” he said. The “core” European countries — Schedule slippage BY SIMON HEANEY I t’s been nearly 10 years since ComPair Data started tracking global liner services, and the state of schedules in some trades right now leaves a lot to be desired. It’s not quite a throwback to the days of conventional shipping, but the fixed-day weekly ideal is being achieved much less frequently from what we are seeing. Take a look at a random schedule in any of the east/west trades and there might well be a gap of six days between two ships calling at the same port in a rotation followed by a gap of eight or nine days for the next. Or maybe there’s no ship at all for that week for one reason or another. Based on our experience this practice was almost unheard of only four or five years ago. And that’s just what we see looking at the advertised schedules. There are reports out there that show sometimes only about half of ships arrive in port on time. There are many reasons why ships come in late, including bad weather and limited berthing windows. But shippers are crying out for reliability. You only need to look at the growing popularity of time-guaranteed options with moneyback clauses. Carriers need to be mindful of this or risk losing customers. Among the growing number of carriers and non-vessel-operating common car- riers offering such products to shippers are partnerships between APL Logistics and Conway Freight; and between Matson Navigation, Matson Integrated Logistics and trucking giant J.B. Hunt; as well as Vanguard Logistics Services, and Shipco Transport. The services are limited to certain ports. Another serious downside is a heightened risk of port congestion as planning goes out the window. Much has been made of terminal productivity, but it helps when you know when your busy times are going to be. One big reason for the erratic situation with schedules is undoubtedly lines chasing profits by repositioning vessels from one poorly returning trade to a better yielding route. We have seen this recently with a substantial number of ships switching from the transpacific to the booming Asia/Europe trade. You can’t blame lines for wanting to get the most out of their assets, but until things settle down schedule integrity will probably continue to suffer. Things could improve now that we are seeing more and more operators making the decision to slow-steam and add extra ships into loops, although this has more to do with the record bunker prices. The trade-off is a few more days in transit but it should give them the flexibility to meet schedules better by turning on the gas if ships fall behind. TRANSPORT / OCEAN France, Germany, the United Kingdom, Holland and Belgium — are seeing inbound container growth rates of 14 percent to 15 percent. But some smaller regions are seeing faster growth: Asian trade into the Black Sea and North Russia is growing at an annual clip of 50 percent; to Poland 35 percent to 40 percent, he said. A fall in the euro’s value may not matter to a consumer in Eastern Europe or Russia who wants to buy a flat-screen television made in Korea. Even if the European economy slows, Hackett of Global Insight believes doubledigit growth in container imports from Asia remain likely. According to the information service AXS Marine/Alphaliner, this year 14 ships with capacities of more than 10,000 TEUs will be delivered and 35 with capacities of 7,500 to 9,999 TEUs. In 2009, the comparable numbers are 26 and 35. Most of these are expected to be put into Asia/Europe trades. AXS/Alphaliner said there will also be 58 5,000-7,499-TEU ships delivered in 2008 and 54 in 2009. AXS/Alphaliner said CMA CGM and China Shipping will probably this summer launch a new string with ships ranging in size from 8,530 to 9,661 TEUs, and that CMA CGM is expected to follow it in 2009 with another string with 11,000-plus-TEU ships. “Should the transpacific trade pick up, more newbuilds should be deployed back into the transpacific and new service strings may in due course be launched, but this is certainly not going to happen at the moment,” Dekker said. Crabbe of UPS said it is still too early to tell whether carriers will do a good job of balancing supply and demand, but he thinks they will be cautious about reducing capacity on the transpacific too sharply. “The transpacific has been their bread and butter for a lot of carriers for many years,” he said The current slowdown “is not going to go on forever. The U.S. economy will pick up and there will be an increase in demand — if not this year then probably next year,” Crabbe said. “Carriers cannot afford to go out of that trade or significantly reduce their customer base because they would only have to build it up in the future. “If anything I see this as an opportunity for NVOs to pitch their value add to customers,” he said. Shippers who only deal with one carrier or a very limited number might be more vulnerable if there are shortages of capacity, whereas big NVOs “deal with many carriers so we feel we can manage capacity.” Rolf Altorfer, president and CEO of Kue- Table 4 Comparison of Asia/North Europe, Mediterranean carrier groups (As of Jan. 1, capacity per week, adjusted) Asia/North Europe 19% 21% 17% 6% 6% 9% 13% 10% Capicity /week CKYH Alliance 43,689 21% Maersk Line/Safmarine 39,781 19% CMA CGM/China Shipping 35,381 17% Grand Alliance 28,219 13% Mediterranean Shipping Co. 20,556 10% New World Alliance 18,689 9% Evergreen 13,595 6% Other carriers 11,716 6% ––––––––––––––––––––––––––––––––––––––––––––––– TOTAL 211,626 100% Asia/Mediterranean 19% 21% 18% 8% 3% 7% 7% 17% Capicity /week Maersk Line/Safmarine 30,480 21% Mediterranean Shipping Co. 26,544 19% CMA CGM/China Shipping 26,169 18% CKYH Alliance 23,597 17% Evergreen 10,474 7% Grand Alliance 9,407 7% New World Alliance 3,684 3% Other carriers 11,655 8% ––––––––––––––––––––––––––––––––––––––––––––––– TOTAL 142,010 100% Source: World Liner Supply reporting service of www.compairdata.com. hne + Nagle’s U.S. office, said he doesn’t expect the reallocation of container capacity will have a significant impact on rates. “It doesn’t look right now that they are going up, because capacity is O.K. and I don’t think they are going to make an ‘artificial capacity crunch.’ ” The movement of ships “is a natural move because the trade is probably still stronger from Asia to Europe and the venue is not a strong one on the transatlantic. How quickly they come back into the Pacific depends on the market. By the end of the first quarter we should have a better picture of which way this thing is heading,” he said. Hubert Wiesenmaier, executive director of the American Import Shippers Association, which negotiates freight rates on behalf of many apparel importers, said, “It looks like the carriers are in an improved position to negotiate if there is less vessels. The other way around has favored the shippers if there is overtonnaging. “I expect tough negotiations to result from all of that. Whether the situation improves and they bring vessels back again or bigger ones for the transpacific eventually or in short order remains to be seen. I think essentially the underlying revenues have to improve for them to do that,” he said. If there are shortages of space, “I’m confident it will not be in our sector,” Wiesenmaier said. “Apparel pays a premium over other stuff that moves. If there are shortages or if more cargo is rolled, we have the clear understanding that we do a contract and want our members containers moved.” Schenker’s da Silva noted the buzzword heard from carriers today is “profitable growth,” and they seem to have become smarter in how they allocate capacity — not only by switching vessels between trades, but also forging new alliances. Independent lines, and even some of the big alliances are beginning to swap spaces. He points to Maersk and Evergreen swapping Asia/Europe slots on the Maersk AE2 service and Evergreen’s CEM service. That kind of cooperation is also happening in the transatlantic where the Grand Alliance is upgrading its ATX service with Zim and the New World Alliance and Maersk have entered into a slot exchange agreement. ■ AMERICAN SHIPPER: MARCH 2008 65 TRANSPORT / OCEAN When shareholders attack U.S. investor gunning for TUI CEO Frenzel. Hapag-Lloyd, APL merger speculation refuses to go away. Guy Wyser-Pratte BY SIMON HEANEY D espite the fact he’s approaching his 68th birthday Guy Wyser-Pratte is someone you don’t want to get into a fight with. The tall, straight talking former U.S. Marine Corps. captain is one of the driving forces behind the so-called shareholder activist movement, where proactive investors pester managers of “failing” firms to change their ways or ship out. In Europe — Wyser-Pratte was actually born in Vichy, France in 1940 before emigrating to the United States with his parents and two brothers in 1947, becoming a naturalized citizen in 1953 — he is nicknamed the “Rambo of the capital markets” as a nod to his combative style. His list of activist projects on the European continent includes French champagne producers Taittinger and German robotics firm Kuka. One of his latest targets is Hanover-based tourism and shipping giant TUI AG, owners of the world’s fourth-largest container line Hapag-Lloyd. Wyser-Pratte last September acquired a 1 percent share in TUI for an undisclosed sum that was estimated at the time to be worth about $57 million. “We take positions and shares in companies that are undervalued and try to assist the management to the best of our ability to initiate value enhancing changes within Table 1 Hapag-Lloyd and NOL/APL financials (Comparison after 9 months of 2007, in million euros/$ million, container volumes in 1,000 TEUs) 9 mnths 2007 4,645 $6,636 4,507 $6,439 257 $368 9 mnths 2006 4,756 $6,098 4,634 $5,942 (91) ($116) % difference (2.3%) Global container volumes (1,000 TEUs) Atlantic Asia/Europe Transpacific Latin America Australasia 4,091 1,098 1,047 777 668 501 3,724 1,047 872 705 591 509 9.9% 4.9% 20.1% 10.2% 13.0% (1.6%) Neptune Orient Lines/APL NOL revenue APL revenue APL EBIT Global container volumes (1,000 TEUs) Transpacific Intra Asia Asia/Europe Latin America Transatlantic 9 mnths 2007 $5,736 $4,804 $337 3,376 1,178 1,134 622 254 188 9 mnths 2006 $5,279 $4,323 $286 3,034 1,066 950 602 240 176 % difference 8.7% 11.1% 17.8% 11.3% 10.5% 19.4% 3.3% 5.8% 6.8% Hapag-Lloyd Revenue Container shipping EBITA (2.7%) n.a. EBITA = Earnings before interest, tax and amortization. EBIT = Earnings before interest and taxes. Note: Hapag-Lloyd’s revenue and EBITA result includes both container shipping and cruise operations. Source: Companies. 66 AMERICAN SHIPPER: MARCH 2008 “If the supervisory board lives up to its fiduciary duties then there will not be a merger of Hapag-Lloyd and TUI.” the company, whether it’s strategy, management or operations. Whatever it is that will create value for the shareholders,” WyserPratte explained to American Shipper. “In a place like Germany it’s not an obvious thing because they don’t have a shareholder culture. They still think there that if you make money you have to steal it.” Ever since purchasing his stake in TUI he has been a vocal critic of Chief Executive Officer Michael Frenzel, and sent an unflattering dossier chronicling Frenzel’s failings to supervisory board chairman Jurgen Krumnow. “We said to the board: ‘Do not renew this clown’s contract.’ This guy has done nothing for the last 13 Frenzel years as CEO but destroy the value of the company. Everything he’s bought he overpaid for, everything he sold has tripled in value and his salary has quadrupled. What’s wrong with this picture? “This is your typical socialist politician running a company. They don’t have a bloody clue as to how to run a company. All they have is what I call a ‘socialist candy bag’ handing out favors like a Mafia don. It’s all they know how to do.” Wyser-Pratte wouldn’t be drawn out on how much his enmity has to do with money lost as one of the largest investors in engineering firm Babcock Borsig that collapsed in 2002. TUI, then known as Preussag, was also a major shareholder. “Let me put it to you this way. I know what kind of people I’m dealing with in TUI because I dealt with them at Babcock. (TUI Chief Financial Officer Rainer Feuerhake) may wind end up in jail yet. They’re TRANSPORT / OCEAN Table 2 Top 5 global container operators (In the event of a Hapag-Lloyd/APL merger, in 1,000 TEUs) Rank - Carrier group Country 1. A.P. Moller - Maersk Denmark 2. Mediterranean Shipping Co. Switzerland 3. Hapag-Lloyd/APL (5) Hapag-Lloyd Germany (8) APL Singapore 4. (3) CMA CGM France 5. (4) Evergreen Line Taiwan No. ships 530 371 265 139 126 375 176 TEUs Share 1,916.9 1,228.0 899.8 492.1 407.8 893.9 624.4 16.2% 10.4% 7.6% 4.2% 3.4% 7.5% 5.3% Order book 417.8 641.3 366.1 105.0 261.1 604.8 108.6 % existing 21.8% 52.2% 40.7% 21.3% 64.0% 67.7% 17.4% Source: AXS-Alphaliner www.axsmarine.com (as of Feb. 11). all the same gang,” Wyser-Pratte said. Wyser-Pratte was referring to the Dusseldorf public prosecutor accusing Feuerhake and former Babcock director Klaus Lederer of a breach of trust to the detriment of the shipyard HDW when construction and shipbuilding assets were transferred to Babcock in 1999. Furthermore Feuerhake is accused of supporting a delay in filing Babcock’s bankruptcy petition in 2002. “TUI is still of the opinion that Mr. Feuerhake did not commit any illegal acts,” the company said in a statement in January. In December, the Frankfurt District Court dismissed a lawsuit filed in 2004 by the Babcock liquidator claiming that the valuation of three shareholdings bought from TUI was too high. Wyser-Pratte’s calls for Frenzel’s dismissal were ignored and the TUI supervisory panel renewed his contract until March 2012, just after the company reported improved nine months results in November (see Table 1). Since then Frenzel has drawn up a bold plan to merge Hapag-Lloyd with the holding company that, if successful, would make the shipping unit virtually immune from any takeover approach as it would require potential suitors to stump up for the entire group. TUI’s supervisory board has agreed to examine the plan when it next meets on March 17, when it will also consider the relocation of holding company functions to Hamburg. “They had to say they’d look at it to save Frenzel’s face,” Wyser-Pratte said. “The merger of Hapag-Lloyd and TUI will never happen. The board is now opposed and Frenzel has overstepped his boundaries. It is clearly a move that destroys value in the company and there’s no way he can get around that. He’s really created himself a problem by even proposing such a thing. “There’s enough opposition on the supervisory board that I don’t believe it will pass. If the supervisory board lives up to its fiduciary duties then there will not be a merger of Hapag-Lloyd and TUI.” Wyser-Pratte said he is not the only angry TUI shareholder. “There are a number of people upset with Frenzel.” “No comment” was his answer when asked if he’s looking to create a strategic alliance with Norwegian and Russian billionaires John Fredriksen and Alexei Mordashov, who between them hold about 10 percent of TUI shares, and are said to be concerned with the company’s direction. Along with Frenzel’s exit, Wyser-Pratte would like the German holding company to do the same thing with Hapag-Lloyd as it did last year with TUI Travel, in which it now holds 51 percent after it was created through a merger between TUI’s Thomson travel company and British rival First Choice Holidays. “There are, I think, a number of interested bidders for Hapag-Lloyd. That would add significant value to the company and to the shareholders. Also, they should remove the duplicate headquarter structures and utilize some of their tax loss carry forwards. There’s any number of things they should be able to do.” TUI declined an interview to discuss the Hapag-Lloyd merger plan or respond to Wyser-Pratte’s comments. There may indeed be another merger deal in the pipeline if sightings of Frenzel in Singapore to discuss a possible deal with Neptune Orient Lines, owners of the eighth largest liner carrier APL, are to be believed. “I’m positive that he’s been in Singapore,” Wyser-Pratte said. “But unfortunately it was, from what I understand, to try and purchase Neptune, which is not going to happen.” Frenzel has resisted all previous calls to divest Hapag-Lloyd from shareholders unhappy with the company’s results since acquiring CP Ships for $2.3 billion in late 2005. Past speculation has centered on Denmark’s A.P. Moller - Maersk Group making a bid for the Hamburg carrier. Both TUI and NOL have distanced them- selves from the latest round of rumors, but a mounting number of reports suggest that talks are at an advanced stage with TUI hiring Deutsche Bank and Greenhill to assist in a deal, while NOL has reportedly hired JP Morgan’s services. One proposed outcome would see NOL’s majority owner, Singapore governmentcontrolled investment company Temasek Holdings, put its 68 percent share of NOL into Hapag-Lloyd in return for about 23 percent of TUI. Frenzel is understood to want to place NOL President and CEO Thomas Held, a German national, as head of a combined Hapag-Lloyd/APL entity that would narrowly leapfrog CMA CGM for third place in the global rankings behind Maersk Line and Mediterranean Shipping Co. (see Table 2). Current Hapag-Lloyd CEO Adolf Adrion is set to retire before the end of the year. Held caused further intrigue when he said his company is preparing for merger and acquisition activity. “We do expect AMERICAN SHIPPER: MARCH 2008 67 TRANSPORT / OCEAN container shipping industry consolidation to continue and we are prepared to take an active role as a consolidator if this creates value for our shareholders and fits in with our overall strategy,” he said after NOL announced its 2007 results. “It’s our policy not to comment on market speculation and we do not talk about individual candidates,” he added. NOL’s annual results rebounded after a disappointing 2006 to post a 44 percent jump in net income for 2007 to $523 million. Its annual liner shipping core earnings before interest and tax (Core EBIT) rose 56 percent to $533 million. TUI will announce its full-year results on March 18. Tables 3 and 4 show that a Hapag-Lloyd/ APL merger would be a good fit. APL would boost its share of the Asia/Europe and transatlantic markets, while on the flipside Hapag-Lloyd would increase its share in the transpacific and intra-Asia trades. Philip Damas at Drewry Shipping Consultants agrees the two carriers could be a happy marriage. “I think it makes sense for the two carriers to merge, more than other combinations. I think it’s a fact that the acquisition of CP Ships has not been very successful so far, so the onus is on TUI to deliver on its promises.” Table 3 Hapag-Lloyd container volume (In 1,000 TEUs, Jan. 1 - Sept. 31, 2007) 501 12% 668 1,098 27% 16% 19% 26% 1,047 777 Atlantic Asia/Europe Transpacific Latin America Australasia Source: Hapag-Lloyd. Table 4 APL container volume (In 1,000 TEUs, Jan. 1 - Sept. 31, 2007) 188 254 8% 622 6% 18% 1,178 35% 34% 1,134 Transpacific Intra Asia Latin America Transatlantic Asia/Europe Source: APL. One obvious stumbling block to a deal being concluded is the potential operational chaos that would be inflicted on the two carriers’ global alliance partners. HapagLloyd is a member of the Grand Alliance alongside NYK, OOCL and MISC (only on Asia/Europe services), while APL partners with MOL and Hyundai Merchant Marine in the New World Alliance. Also, it can’t be ruled out that any of these partners or another container shipping heavyweight wouldn’t immediately opt to enter the fray if it emerges there is substance behind the rumors. ■ 68 AMERICAN SHIPPER: MARCH 2008 TRANSPORT / OCEAN ‘Give-and-take’ balances UNCITRAL Carriers, shippers come together on draft convention for international ocean cargo contracts. BY CHRIS DUPIN G roups supporting both carriers and shippers say a proposed treaty for ocean cargo contracts is a compromise that would bring the law more into line with the way shipping is actually done today than existing treaties. A United Nations Commission on International Trade Law (UNCITRAL) working group meeting in Vienna in January adopted a draft convention on contracts for the international carriage of goods wholly or partly by sea. The working group has been meeting periodically since April 2002 to prepare a new treaty aimed at creating what UNCITRAL said would be “a modern and uniform law concerning the international carriage of goods which include an international sea leg, but which is not limited to port-to-port carriage of goods.” Countries use a variety of national laws or laws based on international treaties to resolve cargo disputes. In the United States, it is the Carriage of Goods at Sea Act (COGSA), based on the Hague Rules that were passed in 1924. Many use the Hague-Visby rules, which were drafted in the early 1960s in the very early days of containerization, before intermodalism took hold, while a smaller number use the newer Hamburg Rules. The draft convention is now being circulated to governments for comment and will be presented to the annual session of UNCITRAL when it meets June 16-July 3 in New York. If the final round of negotiations this summer is successful, it will be presented to the UN’s General Assembly later in 2008. Then it will have to be approved by individual countries. If they don’t adopt the new treaty, they will continue to use their existing laws. UNCITRAL said the proposed treaty has innovative features “including provisions allowing for electronic transport records, and other more technical features to fill the perceived gaps in existing transport regimes.” It predicted the new convention “will lead to an overall reduction in transaction costs, increased predictability when problems are encountered, and greater commercial confidence when doing business internationally.” The convention can be viewed, in part, as a reallocation of risk among shippers and carriers. But Michael Sturley, a law professor at the University Of Texas in Austin, who was senior advisor on the U.S. delegation to the working group, suggested it is not only about how the pie is cut up, but making the pie bigger. “This convention governs an industry in which the parties are not in competition with each other but are cooperating with each other. It may be popular to look at the litigation model and think of cargo interests and carrier interests as antagonistic to each other, but the carriers’ real view of cargo is not an antagonistic interest, but as a customer,” Sturley said. “It is in the carrier’s interest to better serve their customers and provide a legal regime that better addresses the risk allocation benefits for both carriers and cargo interests, and in the long run, the success of the industry depends on both segments of the industry being better off,” he added. One of the most discussed provisions in the new UNCITRAL treaty would raise the limit on a shipowner’s liability to a level higher than prior treaties in the event of lost or damaged cargo. That is currently $500 per package under COGSA, which is based on the original Hague Rules. Higher limits are often seen as benefiting shippers and their cargo insurers, who can recover more money from carriers and their protection and indemnity insurers if there is a cargo loss. But attorneys say there are provisions in the new treaty that will also benefit carriers. The new liability limits proposed in the new treaty would be pegged, as in cargo treaties used by other countries, to the International Monetary Fund’s unit of value, Special Drawing Rights or SDRs. transport insurance plus innovation Insurance for: Transport and logistics operators Ports and terminals Cargo handling facilities Ship operators Contact TT via your broker or at any point in the network New Jersey Tel +1 201 557 7300 San Francisco Tel +1 415 956 6537 London Tel +44 (0)20 7204 2626 www.ttclub.com marketing@ttclub.com AMERICAN SHIPPER: MARCH 2008 69 TRANSPORT / OCEAN SDRs fluctuate like world currencies, and in 2007 1 SDR fluctuated in value from about $1.49 to $1.60. Under the proposed draft convention, the per-package limit for loss or damage would increase to 875 SDRs or 3 SDR per kilogram, roughly $1,300 to $1,400 or $4.47 to $4.80, respectively in the past year. That’s higher than the limits under the widely used Hague Visby Rules that were adopted in 1968 of 667 SDR or 2 SDR per kilogram or under the Hamburg Rules of 835 SDR or 2.5 SDR per kilogram, which are used by fewer countries. “There was a lot of give-and-take,” said Don O’Hare, vice president for the World Shipping Council, a group that represents major liner companies. “But in the end I think we came away with a very balanced convention. Nobody was completely happy O’Hare with the final package but that is usually the sign of a good compromise. “From the carriers’ perspective, we’re pleased that the convention will generally cover multimodal shipments and is not just another port-to-port convention. The 70 AMERICAN SHIPPER: MARCH 2008 liability limits are somewhat higher than we would have liked, but we will have freedom to negotiate volume contracts with shippers that can change those limits as well as other terms of the convention. And we have much more balanced burdens of proof compared with existing conventions. “All in all, I believe it is a convention that should gain broad international acceptance, which was a primary objective of the U.S. delegation and many others when we started this process,” O’Hare said. Peter Gatti, executive vice president of the National Industrial Transportation League, a shipper advocate group, said the UNCITRAL proposal is “a comprehensive complex convention and you have to look at the whole picture. I think the terms provided for the workshop provide a fair and balanced ref lection of what Gatti shipping conditions are today. It will bring predictability and more order to what has been a fairly well divided world in how they apply rules.” Gatti said the ability of shippers and carriers to deviate from the convention through contracts is recognition that “the overwhelming amount of business is under contracts and a reflection of the economic partnerships that exist in the world today — not just in the U.S., but other trades throughout the world.” Vincent DeOrchis, a New York attorney who was a representative for the Maritime Law Association of the United States and a consulting expert to the U.S. State Department, said, “while one could argue that it weighs more in favor of cargo interests, I do think shipowners’ interest obtained as much concessions as they could under the circumstances at the UNCITRAL working group stage. “I wish in some ways, at least when it comes to limitation of liability, that there had been more facts available to the group,” DeOrchis said. “It would have been very helpful if we had known statistically what are the average values of cargoes being shipped today and how those values fit in with the limits of liability available under Hague-Visby or Hamburg and what direction are the values of cargoes taking. “At least one delegate at the working group suggested that the values of cargoes are dropping on average because the freight rates are dropping and therefore less valuable cargoes are being shipped today. There is a category of less valuable cargoes that are being shipped today that may not have been shipped in the past because it simply was not affordable. I don’t know if it is true, because we had no data unfortunately. “Similarly, we had no data to take a look at what impact this would have on insurance rates, either on the cargo side or the P&I side, nor to determine whether the actions being taken would provide the most economic result for the industry as a whole. I consider that all to be rather unfortunate,” De Orchis said. James Craig, president of the American Institute of Marine Underwriters, said higher liability limits applicable to carriers for cargo loss and damage “may improve recoveries by insurers on cargo loss and damage claims. “However, it must Craig be recognized that many other factors influence cargo insurance, including the highly competitive worldwide marketplace in which cargo insurance is sold,” he added. “Consequently, the impact of the new limits will be difficult to assess. The work is still important in many respects.” While the convention does allow shippers and carriers to change standard provisions TRANSPORT / OCEAN of contracts, De Orchis said, “it remains to be seen how attractive that option will be to shippers in the future, and whether carriers will have the leverage to turn that option into a real opportunity.” If the convention is widely adopted, DeOrchis said it will have prevented what he feared could have been a growing regionalism with “a patch quilt of various responsibilities, obligations, duties and limitations that would have made it very difficult for any carrier or shipper to predict what happens in the event of cargo loss or damage.” Sturley thinks “there will probably be a period of adjustment, but ultimately more claims will be paid without litigation, and that should thus reduce costs and reduce losses.” The proposed treaty would eliminate the shipowner’s traditional “error of navigation” defense and will include a provision that will require a carrier to exercise due diligence to make sure its vessel is seaworthy, not just at the beginning of a voyage, but throughout. That provision reflects the improved navigation systems, weather forecasting, and other technology available to shipowners today. Sturley said it could be argued that these changes could mean that carriers will take even greater care in the maintenance and operation of their ships, drive bad shipowners and substandard ships out of business, and result in fewer cargo losses and eventually lower premiums on their protection and indemnity insurance, which among other things, pays for cargo claims. Sturley said the new convention should reduce disputes centered on how many “packages” are in a container — whether for example, a pallet of 10 boxes counts as one or 10 packages. Disputes like this are frequently heard in U.S. courts today. Another visible change, he said, are new rules for jurisdiction and arbitration. Cargo claimants will have the right to seek redress in several places that have sufficient connection with a lawsuit. So a U.S. consignee, for example, will have access to U.S. courts where today many cargo selection cases are sent to overseas locations that are inconvenient, forcing settlements for much lower amounts. That should benefit both U.S. cargo interests, and even U.S. maritime attorneys. DeOrchis said with the new higher limits on liability it will be rare for cargo losses in a single container to exceed them. It’s not clear if all nations will support the new law — both China and Korea spoke against the new higher limits. Both countries, of course, have both large shipowners and major cargo exporters. ■ AMERICAN SHIPPER: MARCH 2008 71 TRANSPORT / INLAND Schneider Logistics (Tianjin) manages a fleet of Chinese owner-operators that provide short-haul distribution for western companies. China beckons logistics providers Schneider answers call with focus on domestic distribution. BY ERIC KULISCH L ogistics and trucking operations in China are expected to form a very significant part of Schneider Logistics’ revenues within 10 years, as the third-party logistics provider expands beyond its domestic U.S. base and Europe, according to President Tom Escott. The logistics subsidiary of Schneider National, the largest U.S. truckload motor carrier, is about a $500 million entity that provides transportation management, supply chain consulting, dedicated contract carriage, intermodal, event management, and freight payment and auditing services. Schneider National is part of a leading edge of U.S. freight transportation service providers laying the foundation to serve the largely untapped third-party logistics services market in the world’s most populous country. Aside from global freight forwarders such as UTi and Eagle Global Logistics, those companies include motor carriers YRC Worldwide, Werner Enterprises and Con-way, as well as integrated logistics providers UPS and FedEx. The trucking companies are setting up shop in China in order to diversify their geographic reach and service, but also to exert control over customer shipments from the overseas origin to their truck fleets rather than see third-party transportation intermediaries arrange for inland transportation with a rival carrier once a shipment arrives in the United States. Logistics analysts say that continued manufacturing outsourcing to China, strong export and intra-Asia trade, and a growing 72 AMERICAN SHIPPER: MARCH 2008 domestic consumer market are driving opportunities for 3PLs. China’s middle class is projected to reach 500 million people by 2025. As China tries to spread wealth from the coastal provinces to the central part of the country through its “Go West” economic development campaign, and manufacturers seek to counter rising labor costs in the coastal regions by moving inland, supply chains will become longer and encompass many provinces to move freight to local retail outlets and deepwater ports. “We believe more national sourcing and distribution strategies will replace local sourcing and lead to opportunities for long-haul trucking,” Escott said in a panel presentation during the Council of Supply Chain Management Professionals conference in Philadelphia last fall. Logistics costs account for about 20 percent of China’s Gross Domestic Product, double the cost of logistics in the United States and equivalent to the cost in 1950 before the development of the Interstate highway system, transportation deregulation and modern equipment. Most of China’s logistics companies are small family businesses that own a few small trucks or a barebones facility for storage without providing any added value through packaging, assembly or technology-based tracking. Businesses are faced with navigating a maze of inconsistent local, provincial and national regulations. In fact, the term “logistics” was not even in the Chinese vocabulary until this decade. That inefficiency and the complexity of global supply chains create a lot of opportunities for logistics specialists to reduce waste and speed deliveries for shippers. The fact that China’s economy is largely based on manufacturing and agriculture means logistics will necessarily comprise a larger proportion of economic activity to ship those goods than in the United States, which is predominantly a service economy. China’s logistics market is one-third the size of its U.S. counterpart, but analysts believe it is poised to grow six to 10 times its current size during the next 15 years. According to a 2007 research note by Jon Langenfeld, senior research analyst for Robert W. Baird & Co., less than 3 percent of China’s total transportation and logistics market, or less than $12 billion out of a $500 billion pie, is outsourced to 3PLs. Kerry Logistics, an Asian-based forwarder, estimates the outsourced logistics market will increase to $32 billion by 2010. Meanwhile, China is developing even faster than the 9 percent rate official statistics indicate, many China observers say. The good news for companies doing business in China is that the country’s infrastructure will soon be able to support a modern logistics system, industry officials say. China has embarked on a massive road building exercise, and while roads are often unpaved, narrow and difficult to traverse in the hinterlands, the major developed areas in the eastern region have adequate modern capacity and are quickly being connected. China is investing $106 billion from 2001 to 2010 to construct a national highway network, with a 60 percent increase to 65,000 kilometers occurring in the second half of that build out. Forty-three new airports were built in the first half of this decade, and the government is beginning to invest in rail intermodal between major gateways. In the past three years several major ports have come online and the nation boasts three of the five largest ports in the world. The effort stems from Chinese officials’ realization that they must have the capacity to move all the goods their farms and factories produce to serve the export market that drives the economy. The World Bank recently ranked China 30th out of 150 countries in terms of logistics performance (customs clearance, domestic logistics, international reliability, telecommunications and physical infrastructure quality, competence of logistics service providers) based on a survey of freight forwarders and express carriers. Countries that have better transport connections to other markets tend to be more competitive and better at attracting First time to LOGICON? 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Scott Craig, Director of Supply Chain Services, HANNAFORD BROTHERS Jerry Darby, SVP, Operations COMBE INC. Sponsored By: Organized by: Register now with code XM49PA and receive a $200 discount Register Today! Call: 1-888-482-6012 or 973-812-5153 Fax: 973-256-0205 Email: Logicon@wbresearch.com Web: www.logicon2008.com George Harry, Director, Global Transportation Organization JOHNSON & JOHNSON Rich Hubli, VP – Operations Strategy Development, CADBURY SCHWEPPES AMERICAS BEVERAGE Ellen Martin, VP – Business Systems, VF CORP. TRANSPORT / INLAND foreign investment. But China also poses huge pitfalls and challenges for uninitiated international logistics companies. In addition to the well documented regulatory burdens, constraints for logistics providers include: • Complex trade zone rules, provincial authorities requiring trucks to transfer their loads at the local border because there is no unified transportation authority that asserts a national right of way. • Trucks stopped for inspections at the provincial border. • Tolls that can average more than 25 percent of operating costs for trucking firms. • Unavailability of labor. • Preferential treatment for local operators. • Poor infrastructure. That is why, Escott said, Schneider Logistics will be patient building up its distribution and warehousing network in China. But the company expects to break even on its investment relatively fast, he added. In 2007, Schneider established Schneider Logistics (Tianjin) Co. in the northern port city of the same name and began operating with about 50 trucks from Bao Yun Logistics. In September, the Green Bay, Wis.-based company completed the acquisition of Bao Yun, a top 100 domestic logistics firm that provides warehousing and other services. Schneider National, which is privately held, didn’t disclose its acquisition price. According to Hoovers corporate research service, BaoYun Logistics has annual sales of $37.5 million. Menlo Worldwide, sister company of Ann Arbor, Mich.-based Conway Freight, purchased a larger Chinese 3PL for $60 million at the same time. Schneider’s non-asset-based Chinese subsidiary has six to eight primary offices and 28 branches, 150,000 square meters of leased cross-dock space and warehousing space, more than 500 employees and handles about 500 shipments per day for multinational corporations in the retail/ consumer, electronics and automotive industries. Although Schneider Logistics (Tianjin) runs some of its own equipment for dedicated customers, it primarily follows a brokerage business model under which it arranges freight deliveries for customers by subcontracting with independent truck drivers, while supervising quality control, routing and shipment visibility. Schneider Logistics is taking a different tack by first focusing on less-than-truckload and eventually truckload business to serve the domestic market and the first export leg to the ports, while most other 3PLs are focused on import-export flows. Lagenfeld noted that international con74 AMERICAN SHIPPER: MARCH 2008 China still draws offshore manufacturers The outsourcing trend that has fueled China’s economic growth in the past 20 years probably has a long way to go before running its course, according to Jon Lagenfeld, director of transportation and logistics research at Robert W. Baird & Co. While transportation costs for goods sourced in China are five times more expensive than those produced domestically, labor costs are 20 times more expensive in the United States. The vast majority of toy, apparel and footwear manufacturing is now located in China, but the next wave of outsourcing is underway with furniture, technology and pharmaceutical production, while diversified industrial product and machinery manufacturers are in the early stages of offshoring production. Lagenfeld wrote in a research report last year that the U.S. automakers are also beginning to outsource as China becomes more adept at making precision components. General Motors and Ford subsequently announced plans to open research centers in China Other examples of outsourcing will also tract logistics providers that do provide intra-China distribution tend to do so for multinational companies because it’s too difficult to serve indigenous companies at this time. And Chinese companies with domestic Chinese distribution generally don’t outsource logistics, or do so to lowcost local companies, he said. The truckload market is beginning to emerge, “and we believe our core competency is managing relatively complex domestic transportation networks as we do in North America and Europe,” Escott said. In Europe, Schneider also offers pan-continental truck brokerage and 3PL services and this year began a freight forwarding operation in the Netherlands. Escott said Schneider Logistics is in the process of applying for its freight forwarding license and expects to begin handling international cargo business in 2008. As with its trucking license, the company is being very deliberate to make sure no mistakes are made getting approval. Escott said Schneider will probably acquire a Chinese freight forwarder, but left open the possibility of organically developing the company because Schneider has several employees, including Chinese nationals, with freight forwarding experience. lead to more trade and opportunities for third-party logistics providers as China moves into higher-value production. Lagenfeld said a plane engine parts manufacturer in the Midwest that once rejected component outsourcing to China because of concerns over rigid temperature control requirements is now re-evaluating its position. A manufacturer of small front-end loaders in the upper Midwest that ships semifinished goods to China for domestic Chinese consumption could eventually relocate production to China for both China and U.S. markets. A tool-and-die manufacturer has increased its production in China by more than 50 percent in recent years and plans to continue expansion. And, Lagenfeld said, China International Marine Containers Group Ltd. (CIMC), the world’s largest container manufacturer, “intends on becoming a dominant player in the U.S. trailer market” by producing more trailers outside the United States and importing them to compete with Wabash National and Great Dane. CIMC currently has a modest trailer production facility in Monon, Ind. Schneider Logistics hopes to gain advantage among large domestic and foreign shippers seeking to build out their intra-China networks by bringing modern trucking practices to a fragmented market dominated by mom-and-pop operators who own one or two trucks. China is a country, in fact, where only 20 percent of the trucking market utilizes enclosed vans or trailers, equipment is archaic and 5 million registered trucks belong to two million registered trucking companies. It’s not uncommon, for example, to see frozen chickens covered with a tarp and transported on a flatbed truck, food industry officials say. But, Escott said, modern equipment tractor trailers and warehouses that meet Western standards are becoming more prevalent. Schneider, for example, is providing dedicated transport in China for a European appliance manufacture using drop deck trailers specially designed for the product. And a warehouse it operates on behalf of a U.S. consumer goods company meets the same cleanliness, security and information technology standards found in U.S. facilities. Together the changes signify that the perception of China as a transportation morass no longer applies and that logistics TRANSPORT / INLAND companies will have the resources to efficiently move goods. Other companies that are thinking about entering the domestic Chinese trucking market include DHL, Eagle, FedEx, TNT and UPS, Lagenfeld said. Escott said multinational logistics providers, retailers and manufacturers should use the next two-year window to influence regulators as they develop policies and standards that will enable improved logistics productivity. The economy has advanced faster than regulations and now the government is trying to catch up. Driving the right policies could shave 15 years off the time it takes to reach the level of logistics efficiency achieved by the United States, he predicted. After the highway infrastructure is in place, for example, the country will need to set truck equipment standards, uniform size and weight standards for trailers, simplified national driver and equipment licensing, uniform driving standards and equitable tax measures to help pay for the infrastructure, such as a fuel tax. Provincial and federal officials are open to ideas from well-managed companies on how to foster modern trucking and logistics industries along Western standards, Escott noted. Schneider is pushing for a national hours-of-service policy because there is no clear national direction on how long commercial vehicle drivers can work behind the wheel before taking a rest. The company also wants better enforcement of regulations that restrict overloaded trucks, which are common on Chinese roads. There are about 90,000 truck-related fatalities in China even though the country has one-fifth the commercial vehicles as the United States, where deaths involving trucks number roughly 5,000 per year. Escott said it appears that the standard maximum trailer length will be set early next year at 14.6 meters (about 47.5 feet), which reflects the narrower streets in China compared to the United States where 53-foot trailers are now the norm. “What we hope to avoid is a patchwork of different use taxes, (operating rules) and licensing processes from province to province that would make our compliance costly,” he said. Uniform safety, legal and environmental standards also benefit companies like Schneider by creating a level playing field that makes it harder for low-cost operators to cut corners and survive. Schneider actually began in 2005 sowing the ground for operations by creating a supply chain consulting office in Shanghai and working to obtain necessary transport and logistics licenses. A lot of the work has involved building relationships with officials in China’s Ministry of Communications, who perceive the company as giving back to the logistics community by hosting a couple of local logistics conferences and helping with education and training initiatives. The company has also cultivated good relations with government officials by serving as an unofficial advisor on how to create the conditions to support a successful trucking industry. Chinese officials have visited Schneider National’s Green Bay headquarters to see how a large motor carrier operates and deals with national infrastructure challenges. Schneider has also taken Chinese delegations on field trips to intermodal yards and other facilities around the United States to observe how the freight transportation system works. Regulatory changes are also needed to allow financial institutions to provide loans to independent truckers so they can afford the modern equipment required by multinational corporations to haul their goods, according to Schneider Logistics’ chief. Currently the law does not give protection to creditors so they have recourse to recover a collateralized asset for non-payment. “A combination of people willing to provide capital and regulatory changes to protect them is going to be required,” Escott said. Globe-trotting truckers WASHINGTON Representatives from China’s freight trucking industry are steering toward more efficient operations and traveling the world to understand and possibly emulate the best business and regulatory practices in use so far. “First, you have to learn what’s happening around the world — good and bad,” said Mi Wenju, deputy manager of Beijing Xianglong Assets Management Co., and a member of the China Road Transport Association, through a translator. “After that, we’ll come up with the best conclusion and what’s best for China’s situation.” China’s trucking industry is undergoing significant changes as the country’s manufacturing sector expands to accommodate international trade and moves further inland. In mid-January, the China Road Transport Association dispatched a delegation to Washington to meet with officials of the U.S. Department of Transportation and the American Trucking Associations. The association had previously visited trucking operations in Germany, Belgium and the Netherlands. During their Washington visit, the Chinese delegation learned how the U.S. trucking industry expanded from localized operations under a patchwork of state laws to a streamlined, national industry that operates under federal oversight and is responsible for transporting imports, exports and domestic shipments. Tony Furst, director of the Federal Highway Administration’s Office of Freight Management and Operations, also discussed the U.S. government’s safety approach to regulating truck size and weight, according to ATA officials. “ATA will provide training materials for how we do it here in the United States,” said Warren Hoemann, ATA’s senior vice president. “Of course, the materials will need to be translated and easy to follow.” The delegation was most interested in learning more about U.S. drop-and-hook operations and the use of multiple trailers per truck, a practice currently not permitted in China. CRTA is working with the Chinese government to implement regulations to allow trucks to pull multiple trailers. “The plan is to start with a portion of the roads,” Mi said. “The Chinese understand that their national economy is directly linked to freight transportation and a supporting infrastructure. In fact, China devotes fully 9 percent of its GDP to transportation infrastructure — a timely reminder as we in the U.S. await the recommendations of our National Infrastructure Commission,” ATA President Bill Graves said at a welcoming ceremony. The former Kansas governor said his members would also like to learn from China how to improve efficiency in ports to get truck turn times under 30 minutes. The CRTA represents more than 900 of the largest trucking companies in China, many of which operate upwards of 10,000 modern trucks. Smaller firms with one to five trucks generally belong to provincial and local branches of the CRTA. The trade association operates as a quasi-private organization under the leadership of the Ministry of Communications. The increased presence of multinational corporations in China, better roads and the rapid growth of the Chinese middle-class has spurred several U.S. trucking firms to set up small operations in China in the past two years. The Chinese market is so fragmented and based on local relationships that it remains a big challenge for U.S. trucking firms to set up a national hub-and-spoke network for LTL shipments. ■ AMERICAN SHIPPER: MARCH 2008 75 Court puts cargo case in reverse In February 2003, Ford Motor Co. and Orient Overseas Container Line entered into an agreement for the multimodal transport of automobile transmissions, from the inland city of Blanquefort, France, to the port of Le Havre where they would be loaded on ships and discharged in Montreal. From there they would be delivered to inland cities in Kentucky, Missouri, Minnesota and Michigan. In March 2003 thousands of transmissions, held in racks, were delivered to Le Havre and loaded onboard the Canmar Pride, a ship owned by CP Ships, OOCL’s space-sharing partner in the service. OOCL issued bills of lading for the cargo, showing Blanquefort as place of receipt, Le Havre as port of loading, Montreal as port of discharge, and multiple inland U.S. cities as places of delivery. The ship encountered stormy weather. Some containers were washed overboard, others were flooded, with 4,387 transmissions lost and 840 damaged. Royal reimbursed Ford $5.7 million pursuant to its marine insurance policy. The two companies filed suit against OOCL in U.S. District Court, seeking to recover the value of the lost and damaged transmissions. OOCL said its liability was limited to $500 per package under the Carriage of Goods at Sea Act, and also filed a third party complaint against CP Ships and affiliates. Ford and Royal argued that Hague-Visby Rules, not COGSA, applied to the shipment and, therefore, the liability limit was greater than $500 per package. OOCL and CP Ships moved for partial summary judgment, arguing each rack of transmissions, and not each individual transmission, constituted a COGSA package. The district court granted, in part, Ford’s and Royal’s motion for partial summary judgment. The court found COGSA applied and that each rack constituted a package. Ford and Royal appealed and the Sixth Circuit reversed the district court. (Royal Insurance Co. of America; Ford Motor Co. v. OOCL, No. 06-1199, Sixth Circuit, Jan. 30.) The appeals court ruled the lower court had erroneously interpreted the bill of lading to apply COGSA instead of Hague-Visby. It remanded the case to the lower court, saying additional factfinding and briefs were needed before the liability limitation could be appropriately applied. The Sixth Circuit said the case presented “an intellectual puzzle that we must resolve without direct precedent as guidance, and our analysis should be understood as a default rule around which cargo owners and carriers can contract.” First, the court said it had to decide whether COGSA, Hague-Visby or both rules applied as a matter of law to the ocean voyage between Le Havre and Montreal. It concluded Hague-Visby applied ex proprio vigore or “of its own force” to the ocean carriage between Le Havre and Montreal. COGSA did not apply ex proprio vigore to an ocean voyage between two foreign ports, even though the ultimate destination in the through bill of lading may be a U.S. city. But the court’s inquiry did not end there. It said the Supreme Court’s 2004 decision in Norfolk Southen Railway Co. v. Kirby, “affirmed the broad principle that courts should evaluate multimodal contracts in their entirety rather than treat each of the multiple stages in multimodal transportation as subject to separate legal regimes, which would present an obstacle to efficient liability rules.” Therefore, the court said it was holding “that as a matter of federal common law, COGSA liability rules apply to a 76 AMERICAN SHIPPER: MARCH 2008 multimodal maritime contract with an ultimate destination in the United States, regardless of whether the contract provides for an intermediary stop en route during the sea stage of transport or between the sea and land legs.” However, in this case, the court noted that in this instance the parties “were free to contract for application of the liability limits set forth in either the Hague-Visby Rules or COGSA.” Pointing to what it said was the “convoluted and contradictory nature of the contract at issue,” the court said it would apply contra proferentem, a rule of contract interpretation that provides that an ambiguous term will be construed against the interests of the party that imposed its inclusion. So in this case, the court construed the bill of lading against its drafter, OOCL, and held that OOCL and Ford had contracted for application of the liability limits set forth in the Hague-Visby Rules. One of the issues to be addressed on remand by the lower court is the definition of a package or unit. The Sixth Circuit said because it had reached the conclusion that the bill of lading binds OOCL by the Hague-Visby and not the COGSA liability limits, it turned to the bill of lading to assess the number of units listed by OOCL. But it said the bill of lading, was “sufficiently confusing to make it inadvisable for us to reach a conclusion as to the total number of units listed” and would have to be sorted out by the lower court. Big package, small limit The Fourth Circuit upheld a district court decision that granted Maersk summary judgment in a dispute over the shipping company’s limit of liability for a damaged piece of equipment (Maersk Line Ltd. v. U.S., No. 07-1013, Fourth Circuit, Jan. 28; see also March 2007 American Shipper, page 76). The dispute arose after Maersk moved seven Halvorsen K-Loaders for the military from Charleston, S.C. to Oman. K-Loaders are pieces of equipment that weigh 30,000 pounds and are used to load cargo on aircraft. Maersk secured each loader to a flat-rack and brought them by ship to Oman. One of the loaders was damaged and it cost $31,279.60 to repair. The military said the loaders were “not shipped in packages” within the meaning of the Carriage of Goods at Sea Act, and therefore not covered by the $500-perpackage limit as Maersk contended. Instead, the military said the $500-per-measurement ton limit should apply. Since the unit weighed 56,625 tons, it said Maersk’s liability was $26,312.50 plus $46.80 in interest. But the appeals court noted language in contractual documents and the bill of lading showed the military “considered the K-Loader to be a package and that the United States also understood that some preparation for transportation to facilitate commercial handling would be required whether it was made by or for the United States.” In this case, the government had disconnected the battery, drained the fuel tank of the loader. Further the government conceded that it knew and understood that putting the K-Loader on the ship was the only way it could realistically lift it aboard the ship. The court said under COGSA, the government could have avoided the $500-per-package limitation by declaring the equipment’s value at the outset or negotiating with Maersk beforehand to provide a higher maximum amount of liability. Corporate Appointments Logistics Agility Holger Punjer, managing director of its Central Europe region has left the company “by consensual agreement.” Oliver Hellmold, chief financial officer for Central Europe, has served as acting managing director for the Central Europe area since Feb. 1. Freyja Dyck will cover Hellmold’s CFO role until a permanent decision is made concerning Pünjer’s replacement. Forwarding Schenker Lutz Freytag will start as chief financial officer in Essen, Germany on April 1. Freytag has been a member of the board for finance and controlling at Railion Deutschland, another unit owned by Schenker parent Deutsche Bahn, since 2005. He previously held senior positions with companies including Stinnes and Siemens. Freytag At Schenker, he replaces Marco Schröter, who will be joining Technologies as CFO and human resources director. Integrators Deutsche Post AG The supervisory board of Deutsche Post, whose major subsidiaries include DHL, the German Post Office, and Deutsche Postbank, accepted Klaus Zumwinkel’s resignation as chief executive officer on Feb. 18. Zumwinkel offered his resignation Feb. 15 in the midst of a tax fraud investigation that is reportedly looking at the transfer of funds by wealthy Zumwinkel individuals in Germany to foundations in the tax haven of Liechtenstein. During a meeting in Bonn, the supervisory board unanimously appointed Frank ( 800 ) 876-6422, FAX (904) 791-8836, e-mail releases@shippers.com Appel as Zumwinkel’s replacement, with immediate effect. Appel has been a member of Deutsche Post’s management board since 2002 and was most recently in charge of the logistics corporate Appel division, international mail, regulation management, as well as the cross-divisional responsibility for the group’s 100 largest customers. His contract as CEO runs until Oct. 31, 2012. At the same time, Allan the supervisory board agreed to extend the contract of Chief Financial Officer John Allan by two years through 2010. Air Lufthansa Cargo The German airline has appointed six new regional managers. Carsten Hernig, in charge of the Lufthansa Cargo station in Hong Kong, has moved to New Delhi to become regional manager in India and the Middle East. He succeeds David Keary, who has retired. Rudiger Helm replaces Hernig in Hong Kong. He was regional manager for the Benelux countries, based in Amsterdam. Alexander Kohnen, head of sales processes at the company’s Frankfurt headquarters, will take over in Amsterdam April 1. Christian Haug, managing director of Lufthansa Cargo subsidiary Handling Counts GmbH, will move to New York to become U.S. Northeast regional manager. Gunnar Löhr has returned to Frankfurt from the U.A.E. to assume responsibility for quality assurance in worldwide handling. He is succeeded in Dubai by Matthias Brazel, formerly assistant to Andreas Otto, board member, product and sales. Marcus Burchard is taking over in Madrid as new regional manager for Portugal and Spain, effective July 1. He will succeed Wolfgang Frey, who is retiring. Ocean Germanischer Lloyd The Hamburg-based classification society has added Pekka Paasivaara as a member of its executive board for industrial services. He has been a member of the executive board at Lenze AG, a German manufacturer of drive and automation technology. Paasivaara joins Hermann J. Klein, responsible for maritime services, and Joachim Segatz, in charge of finances, on Germanischer Lloyd’s executive board. Inland Greatwide Dedicated Transport James L. Kitz has been named vice president of sales. Kitz was vice president of business development at Exel Direct Inc. He has also held positions at FedEx Logistics, Roadway Express, Yellow Freight, The Limited and UPS. 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For more information call, 1-877-580-GMTS www.globemar.com • 1-954-340-8886 • 1-877-580-GMTS Coral Springs, Florida Madison, New Jersey • Burlington,Vermont Oakville, Ontario, Canada AMERICAN SHIPPER: MARCH 2008 77 Service Announcements ( 800 ) 876-6422, FAX (904) 791-8836, e-mail releases@shippers.com FEFC EB up in 2007 despite 4th quarter dip A 4 percent fourth quarter decline in Europe to Asia container volumes dampened Far Eastern Freight Conference ocean carriers’ eastbound growth in 2007. E For 2007, FEFC’s eastbound volume rose U 4.8 percent to 3.35 million TEUs. Box traffic R from North Europe to the Far East increased O 4.3 percent to 2.7 million TEUs, while P Mediterranean to Asia cargoes increased 6.8 E percent to 649,632 TEUs. FEFC’s westbound trade rose 19 percent to 9.5 million TEUs. Rickmers-Linie adds ship to Pearl String Rickmers-Linie said it would add a vessel to its round-the-world “pearl string” breakbulk and heavy-lift service. The company said it has chartered for two years a 30,000-deadweight-ton “near sister” to ships in the service. The vessel will be renamed Rickmers Houston and phased into service in Southeast Asia in June or July. The company said the additional vessel would add capacity and improve frequency from 14 to 11 days. APL Logistics adds China/U.S. FCL service P A C I F I C APL Logistics has launched a guaranteed full-containerload service from Asia to most continental U.S. destinations. The APL Guaranteed Continental service connects the ports of Shanghai, Hong Kong, Chiwan and Yantian with virtually any continental U.S. ZIP code. It guarantees delivery of full-containerload cargo on a specified date, or shippers receive a 20 percent refund, APL Logistics said. The service builds on APL’s OceanGuaranteed service, kicked off last year, that guarantees day-definite service for less-than-containerload cargo. APL Logistics, a subsidiary of Singapore-based Neptune Orient Lines, was designed to provide importers with a cost-effective, expedited surface alternative to air freight. APL Logistics said the new APL Guaranteed Continental service will offer the industry’s fastest transit times between key Chinese ports and U.S. locations, such as FCL shipments from Hong Kong to a consignee’s door in Boston will take only 15 days. The service prioritizes stowage on vessels at Chinese ports, guaranteeing containers are among the first loads discharged after vessels arrive at APL’s marine terminals in Los Angeles and Seattle. APL GC boxes headed for 13 metropolitan or geographic areas are loaded onto specially designed long-haul chassis. APL GC cargo headed for other U.S. locations is transloaded into domestic highway trailers at APL Logistics Los Angeles-based facility. In addition, APL Logistics said the service guarantees vessel space and priority marine terminal handling, even during the crowded peak shipping season. U-Freight adds Southeast Asia service U-Freight’s ocean freight unit U-Ocean has launched weekly scheduled export consolidation services from New York and Los Angeles to Southeast Asia via transshipment in Hong Kong. U-Freight rebranded its international ocean freight forwarding activities under the U-Ocean banner in 2006 not long after it acquired a majority stake in Comax, a small Hong Kong-based 35 78 AMERICAN SHIPPER: MARCH 2008 logistics company specializing in ocean freight forwarding between China and the United States. “K” Line joins China/Red Sea loop “K” Line has begun taking space on the weekly Central-China/ Red Sea (CRS) service of Hapag Lloyd and Wan Hai Lines. The CRS uses six 1,200-TEU vessels calling Shanghai, Ningbo, Hong Kong, Shekou, Singapore, Port Kelang, Jeddah, Aqaba, Hodeidah, Port Kelang, Singapore, Hong Kong and back to Shanghai. “K” Line already operates the Red Sea Service with Pacific International Lines, using seven 2,000-TEU ships calling Shanghai, Ningbo, Hong Kong, Shekou, Singapore, Aden, Jeddah, Aqaba, Sokhna, Aden, Singapore, Lam Chabang, Shekou and Shanghai. CMA CGM finds NEMO home in Tauranga French carrier CMA CGM has decided to relocate from Auckland to Tauranga on its meandering 23-port New Europe Mascarene Oceania (NEMO) service, starting March 26-27. CMA CGM subsidiaries Delmas and ANL have space on the loop, while Deutsche Afrika Linien contributes tonnage. The service operates with 12 ships in the 2,500-to 3,000-TEU range, with a revised rotation of Tilbury, Hamburg, Antwerp, Le Havre, Fos, La Spezia, Damietta, Pointe des Galets, Port Louis, Melbourne, Sydney, Brisbane, Tauranga, Lyttelton, Melbourne, Adelaide, Jakarta, Port Kelang, Chennai, Colombo, Damietta, Malta, La Spezia and back to Tilbury. CMA CGM to continue EPIC journey solo Marseilles, France-based CMA CGM has confirmed it will continue with a single weekly service in Europe/Middle East/India when its consortium agreement with German M carriers Hapag-Lloyd and Hamburg Sud ends I in a few months. D E The two Hamburg-based lines said they will A terminate the two-loop Europe Pakistan India S Consortium agreement with CMA CGM in T early May to start their own string using six 4,000-TEU vessels on an undetermined port rotation. CMA CGM said its service will deploy six 4,200-TEU ships, soon to be replaced by 6,500-TEU vessels, on a rotation of Tilbury, Hamburg, Antwerp, Le Havre, Port Said, Korfakkan or Jebel Ali, Port Qasim, Nhava Sheva, Mundra, Malta and back to Tilbury. Hamburg Sud integrates Costa’s services Hamburg Sud has consolidated operations of its latest acquisition, Italy’s Costa Container Lines, into its own service network. In the East Coast South America/MediS. terranean, the German operator has brought A M together the weekly New Sirius service it E operates with Zim, Niver Lines, CMA CGM R and CSAV Group subsidiary Libra, with the I C Seagull service of CCL and Maruba. The new A Med-ECSA service operate two slings: • Sling 1 (six ships of 3,100 TEUs to 3,500 TEUs) calling Barcelona, Vado Ligure, Livorno, Fos, Valencia, Rio de Janeiro, Santos, Buenos Aires, Montevideo, Santos, Rio de Janeiro, Pecem and back to Barcelona. • Sling 2 (six 2,800-TEU ships), Valencia, Genoa, Livorno, Malta, Dakar, Buenos Aires, Rio Grande, Sao Francisco do Sul, Santos and Valencia. Hamburg Sud said it has also combined and upgraded services it offers with subsidiaries CCL and Alianca between the East and North coasts of South America, Central America, U.S. Gulf and Caribbean. The new combined operation will result in three services: • Sling 1 (seven 2,200-TEU ships), Rio Grande, Paranagua, Itajai, Santos, Puerto Cabello, Cartagena, Veracruz, Altamira, Houston, Manzanillo (Panama), Cartagena, Puerto Cabello, La Guaira, Suape, Santos and Rio Grande. • Sling 2 (six 1,600-TEU ships), Santos, Rio de Janeiro, Salvador, Puerto Cabello Cartagena, Santo Tomas de Castilla, Havana, Veracruz, Altamira, Cartagena, Puerto Cabello and Santos. • Sling 3 (single 1,400-TEU ship), Cartagena, Manzanillo, Puerto Limon, Rio Haina and Cartagena. Internet Index of Advertisers Check out these locations on the World Wide Web American Shipper www.AmericanShipper.com ComPair Data www.compairdata.com Agility Logistics www.agilitylogistics.com Alabama State Port Authority www.asdd.com Atlantic Container Line www.ACLcargo.com Avalon Risk Management www.avalonrisk.com China Shipping Container Lines Co. www.chinashippingna.com Chiwan Container Terminal www.cwcct.com COSCO Container Lines Americas Inc. www.cosco-usa.com DGX-Dependable Global Express Inc. www.dgxshipping.com DHX-Dependable Hawaiian Express Inc. www.dhx.com Emirates Shipping Line www.emiratesline.com Emirates SkyCargo www.skycargo.com Evergreen Line www.evergreen-line.com Freightgate www.freightgate.com Global Maritime Transportation Services www.globemar.com Great American Insurance Group www.greatamericanocean.com Guangzhou Port Group www.gzport.com Hamburg Sud www.hamburgsud.com Hyundai America Shipping Agency www.hmm21.com Intermarine LLC www.intermarineusa.com “K” Line America Inc. www.kline.com Logicon Conference www.logicon2008.com LOG-NET www.log-net.com Mediterranean Shipping Co. (USA) Inc. www.mscgva.com MIC Customs Solutions www.mic-cust.com MOL (America) Inc. www.MOLpower.com Motorola www.motorola.com/as3 National Retail Systems www.nrsonline.com Nordana Line USA www.nordana.com NYK Line (Japan) www.nyk.com OOCL (USA) Inc. www.oocl.com Port of Grays Harbor www.portofgraysharbor.com Port of Portland www.portofportland.com Safmarine www.safmarine.com Saudi Arabian Airlines www.saudiairlines.com Seaboard Marine Ltd. www.seaboardmarine.com TT Club www.ttclub.com Vanguard Logistics www.VLA-Global.com Virginia Maritime Association www.VAMaritime.com/symposium WCA Family of Logistics Networks www.wcapn.com Yantian International Container Terminals www.yict.com.cn AMERICAN SHIPPER: MARCH 2008 79 Forwarders still got what it takes Freight forwarders have long been called the travel agents for cargo, but unlike their brethren in the passenger business, they continue to prove their value to shippers. Today’s travelers mostly use the Internet to control the booking of their trips, and when something goes awry in transit they can visibly represent themselves to right the wrong and get to where they need to ultimately go. Not so with cargo. It has no voice and will sit unless someone somewhere resourcefully represents its interests and keeps it moving through the supply chain. That someone is often the forwarder, who on a daily basis works the computers and telephones to get the job done. Overworked shippers rarely have the capability in-house to control this complex activity and should be thankful to have logistics experts like the forwarders on their side. In this issue, American Shipper published an in-depth report by Merge Global (pages 36-53) that explains why most forwarders are doing well in today’s shipping environment, and how they’re expected to ride this wave of prosperity into the future. Now that’s not to say there aren’t the occasional setbacks. Forwarders are rolled up through mergers and acquisitions, disappear, and some of the most prominent names suffer setbacks now and then. Take for example UTi Worldwide. After posting strong results in fiscal year 2007, UTi began to experience a decline in profits last year and issued a gloomy outlook for its 2008 fiscal year earnings due on March 27. The Rancho Dominguez, Calif.-based forwarder said it planned to exit underperforming business, cancel certain long-term initiatives and right-size operations to reduce overhead. UTi should be able to pull out of this apparent setback as long as it has the conviction of both management and staff. With plenty of talent, forwarders continue to show their ability to flexibly meet the challenges of diversified shipper demands, carrier capacity shifts, changing regulatory requirements and occasional shake-ups in their own industry. 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