CSMS Message: 03-001596

TO: INTERIM DIRECTOR, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS

SUBJ: INTERNATIONAL LONGSHOREMEN'S ASSOCIATION/EVERGREEN AMERICA

IN RESPONSE TO ISSUES BROUGHT TO OUR ATTENTION REGARDING THE RECENT
DISPUTE BETWEEN THE INTERNATIONAL LONGSHOREMEN'S ASSOCIATION AND
EVERGREEN AMERICA, WHICH BEGAN MAY 14, 2003, WE OFFER THE FOLLOWING
GUIDANCE.

A MAY 27, 2003, EMAIL MESSAGE TO THE OFFICE OF FIELD OPERATIONS
INDICATED THAT THERE ARE 9 VESSELS THAT ARE AFFECTED BY THIS DISPUTE.
THE SCENARIOS FOR THE 9 VESSELS AND GUIDANCE FOR EACH SCENARIO FOLLOWS:

* EVER REWARD - SOME CARGO DISCHARGED BEFORE STRIKE, SOME CARGO STILL RE
REMAINS ONBOARD. THE CARGO WHICH HAS BEEN UNLADEN FROM THIS VESSEL AND
IS CURRENTLY ON THE DOCKS IS SUBJECT TO THE TIMEFRAMES FOR ENTRY
FILING AND GENERAL ORDER, IF APPLICABLE. ANY CARGO REMAINING ON THE
VESSEL MAY BE DIVERTED IF THE VESSEL OPERATOR CHOOSES TO LEAVE AND
"ARRIVE" AT ANOTHER PORT.

* EVER REPUTE - NO CARGO DISCHARGED, DOCKSIDE. IF THE VESSEL OPERATOR
CHOOSES TO LEAVE AND "ARRIVE" AT ANOTHER PORT, GUIDELINES FOR DIVERSION
WOULD APPLY. IF THE VESSEL OPERATOR DECIDES TO REMAIN AT THE DOCK, THE
ARRIVAL DATE WOULD BE MAY 14, 2003, AND THE TIMEFRAMES FOR ENTRY FILING
AND GENERAL ORDER, IF APPLICABLE, WILL APPLY FROM THAT DATE.

* ALL OTHER VESSELS WHICH ARE ANCHORED HAVE THE OPTION OF DIVERTING TO
ANOTHER PORT. IF A VESSEL DIVERTS TO ANOTHER U.S. PORT AND THE GOODS
ARE UNLADEN, UNDER THE PROVISIONS OF THE JONES ACT, THOSE GOODS CAN ONLY
BE MOVED TO A SUBSEQUENT PORT BY A U.S. VESSEL, BY TRUCK OR BY TRAIN.

* ANY VESSEL DIVERTING AND ARRIVING AT ANOTHER U.S. PORT WILL REQUIRE
THAT THE CARRIER UPDATE THE AUTOMATED MANIFEST SYSTEM (AMS) TO REFLECT
THE NEW PORT OF CALL.

* IF AN ENTRY HAS BEEN FILED AND THE VESSEL DIVERTS, THE ENTRY MUST BE
CANCELLED AND A NEW ENTRY FILED AT THE ACTUAL PORT OF ARRIVAL. ANY
DUTIES/TAXES/FEES ALREADY PAID WILL BE REFUNDED. QUOTA THAT HAS BEEN
REPORTED IN THE AUTOMATED COMMERCIAL SYSTEM (ACS) MUST BE DELETED PRIOR
TO CANCELLATION OF THE ENTRY.

QUESTIONS SHOULD BE ADDRESSED AS FOLLOWS:

CARGO OR VESSEL - MR. PETE FLORES AT (202) 927-0333
QUOTA - MS. CONNIE CHANCEY AT (202) 927-5399
ENTRY SUMMARY - MR. DON YANDO AT (202) 927-1082
GENERAL ORDER - MR. TIM SUSHIL (202) 927-0564

ELIZABETH G. DURANT