Friday, March 13, 2009

Join BDP in Supporting Bill HR313!

BDP International, Inc. is supporting the Bill HR 313, which is also supported by the National Customs Brokers and Forwarders Association of America. This bill puts Brokers at the front of the line in collecting advanced duties etc. when its client, the importer in most cases, goes bankrupt. The current status of the law provides no special status at all, and the Broker gets no special treatment for outlaid duty funds on behalf of its client. Thus, the possible liability to the Broker far exceeds the value of its services, as the Broker is vulnerable to the obligation of subsidizing its client's duty payments. Read more about the bill here.

This has always seemed an anomaly in bankruptcy law. The Amendment HR 313 is a favorable law for Brokers who advance funds for importers. This effort has been on hold for years but it is felt there may be a better environment now for its passage. Please join us in support of this Bill. BDP's letter is below. We have submitted this message to each member of Congress in the States where BDP conducts business.

LETTER TO MEMBERS OF CONGRESS:

March 11, 2009

[Name]
[Address]

Re: HR 313—Customs Business Fairness Act of 2009

Dear [Name]:

By way of introduction, my name is Catherine Muldoon, and I am Chief Legal Officer for BDP International. I write this correspondence in support of HR 313- Customs Business Fairness Act of 2009. BDP International, Inc. employs approximately 1200 employees at more than 25 logistics operational centers and client locations in North America, including our headquarters which is located in your district at the following address:

BDP International
510 Walnut Street
Philadelphia, PA 19106

Our company serves customers who are involved in import/export trade and operate principally in the chemicals, retail, health-care products, consumer goods and heavy industrial equipment sectors. Our company provides vital logistics and transportation management services in project and energy logistics, global fourth-party logistics, regulatory and security compliance, and supply chain process design. In our North American operations and in nearly every major market around the globe, we put talent (and financial resources) on the front lines to help U.S. customers make their businesses stronger and more competitive. As part of our supply chain programs with U.S. importers, we provide Custom house brokerage services, and it is not unusual for our firm to advance funds relating to taxes or other charges paid to the United States Bureau of Customs and Border Protection on behalf of the U.S. importer arising out of the importation of merchandise entered into the United States for consumption.

We believe that subject Bill introduced by Congressman Henry Cuellar (D-TX), goes a long way in assisting us in our tasks to make U.S. importers more effective and competitive. We believe, especially in the current economic climate, that our resources, advanced for importers in this important business sector, need to be protected in the event of bankruptcy as provided in HR313.

Therefore, we ask that you join Congressman Cuellar as a co-sponsor of the Customs Business Fairness Act of 2009, or at the very least show your support for the bill by contacting and showing your support to Judiciary Committee members who are reviewing the merits of the bill.

We thank you in advance for your assistance in supporting this important legislation. If we can provide you with any further information on how this Bill can favorably impact U.S. Custom House brokers, please feel free to communicate with me.

Respectfully submitted,
Catherine Muldoon

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