The U.S. Federal Maritime Commission (FMC) has announced the opening of an investigation of some fiscal measures in force in the U.S. has damaged the U.S. ports of activities benefiting the Canadian and Mexican ports.
Accepting applications submitted by Senators Patty Murray and Maria Cantwell and some U.S. lawmakers of the states of Washington and California, the FMC has decided to investigate whether some measures have had such a negative effect, and including, in particular, the U.S. Harbor Maintenance Tax (HMT), the federal tax imposed on shippers is based on the value of goods shipped through U.S. ports.
The Harbor Maintenance Tax was established to create a fund used to finance the dredging in ports and waterways in the U.S..This tax was declared unconstitutional because it concerns the export goods, as it violates the Export Clause of the Constitution which prohibits the application of export taxes.
Parliamentarians in their bodies showed that shippers can avoid the payment of the Harbor Maintenance Tax by passing the goods through U.S. ports is not and that, despite the HMT is in force since 1986, its impact has become increasingly significant in terms of view of competition with the development of new Canadian and Mexican ports on the U.S. west coast.
"The Canadian and Mexican ports - noted the chairman of FMC, Richard A. Lidinsky, Jr. - are free to compete with U.S. ports on U.S. goods, but should do so in conditions of equity does not artificially distorted by government policies. Therefore, the primary question is this: we are penalizing our own ports in international competition? ".
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