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The new US 100% container scanning law: Impacts on the International supply
chain
Article in Rivista Internazionale di Economia dei Transporti / International Journal of Transport Economics · February 2010
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international journal of transport economics
vol. xxxvii · no 1 · february 2010
CONTENTS
Abstract : The ‘100% scanning’ law, or House Resolution One (H.R. 1), aims to protect
US territory against terrorist risks likely to affect the global logistics chain. A unilateral
step, it may be perceived as a disguised protectionist measure which would transfer the
risk of ‘seacurity’ to its partners, particularly if the principle of reciprocity does not apply.
In this changing economic (over 400 million containers handled, under 0.5% of which are
currently scanned) and regulatory context (following the SAFE framework of standards de-
veloped by the World Customs Organization), this paper provides an analysis of the likely
impacts of this law. The first part begins by examining the reactions to the introduction of
the law and we draw upon official and operational responses to the scanning requirements
from several international bodies, especially a survey of a sample of port authorities that
the authors undertook for the WCO which focuses on an appraisal of the global cost of a
scanned container and we broaden this evidence by considering the actual patterns of US
trade. The second part leads to six scenarios based on the preceding macro- and micro-
economic results combining three dimensions : infrastructure investments, technology and
1. Introduction
I n the middle of this decade, a total of around 400 million boxes were
handled in around 600 port container terminals. Approximately 20% were
empty boxes, due to chronic imbalances between the major intercontinental
production and consumption zones. Hence around 320 million full boxes
were handled in world maritime and inland port terminals, with the Unit-
ed States representing one-eighth of this traffic. Of this international total,
around 300 million is concentrated on the major-East-West routes and the
key hubs of South-East Asia, the Mediterranean and the Caribbean (Harvard
* Many thanks to the two referees for their relevant comments and for the assistance of
J. F. Pelletier and S. Deprez.
** Director of the Port Training and Research Institute (IPER-NBS).
*** Professor in International Management, NIMEC, University of Caen and Norman-
dy Business School.
**** Professor Emeritus, Concordia University.
54 Yann Alix · Frédéric Carluer · Brian Slack
Business Review 2009, “The Threat of Global Gridlock”). It has been esti-
mated that at most 0.5% of the total number of maritime boxes are physi-
cally scanned, representing some 1.2 million scans. There are some regional
disparities that complicate the reading of the world market, however, with
Canada for example scanning a minimum 3% of all boxes, and Australia ap-
pears set to increase its scans from 5,000 to 130,000 a year (out of a total 4.8
million TEU in 2006). Scanning represents an economic challenge, for its is
claimed that scanning in the US market alone cost $380 million in 2006, and
that this total could triple to $1.2 billion in 2013, despite the present eco-
nomic decline and fall of 25% in container handling.
Indeed, the world market estimates of container scanning have been
turned upside down since the September 2001 attack on US soil (Greenberg
2006, OECD 2002, Sheffi and Rice 2003). With the ‘Container Security Initia-
tive’ (CSI), 58 ports (23 in Europe, 21 in Asia and in the Middle East, 13 in
the Americas and 2 in Africa according to the US Department of Homeland
Security 2009) representing more than 85% of exports to the United States
are obliged to scan containers identified as ‘high risk’ following the analysis
of intelligence information relating to the movement of containerized goods
(Caldwell 2008, Payne 2007, Kruck 2006, ISO 28000 2005). More recently, the
US House of Representatives has unilaterally furthered the scanning require-
ments by passing House Resolution 1 (H.R.1), an act that was signed into
law in July 2007 (CRS Report for Congress 2007). The act stipulates that by
2012 all containers destined for the US must be scanned at the foreign port of
shipment. The US Customs and Border Protection Agency (2008) estimates
that equipping the ports of the world with scanning equipment will cost $17
billion and this should slow down the application of H.R.1 according to the
new Secretary of the Department of Homeland Security, Janet Napolitano
(Inside US Trade 2009).
Since the goal of achieving a seamless transportation system is a key factor
in the success of containerized transport, it is our hypothesis that a require-
ment to scan all containers will be a serious impediment to achieving this
goal. The fluidity and management of the system will be seriously impacted
when security trumps all other factors shaping international supply chains
involving the US. The goal of this paper therefore is to provide an analysis of
the likely impacts of this law. The first part begins by examining the reactions
to the introduction of the law and we draw upon official and operational re-
sponses to the scanning requirements from several international bodies and
based upon some of the trials that have been carried out in several ports by
the US Department of Homeland Security. We also add the results of a sur-
vey of a sample of port authorities that the authors undertook for the WCO
Impacts on the International Supply Chain 55
The US legislation has drawn a great deal of reaction from the world ship-
ping community and governments. The list of bodies expressing some reser-
56 Yann Alix · Frédéric Carluer · Brian Slack
held before the vote was called in the House ; and, the failure to seek the co-
a cross-section of ports from around the world, including five that were not
major container hubs (Abidjan, Casablanca, Dakar, Montivideo, and Rio de
Janiero), and included five of the major container ports in the world (Dubai,
Hong Kong, Le Havre, Rotterdam and Singapore). Some of the general reac-
tions were varied, including opposition from many of the smaller ports. For
many of the larger ports the responses were more nuanced and fatalistic,
yet with some indication of presenting a commercial opportunity (Dubai
for example also saw it as an opportunity to strengthen their dominance of
trade).
Several operational issues must be considered in assessing the impact of
H.R.1. First is the quest of the cost of scanning ; second is the ability of ports
to carry out 100% scanning of US destined containers ; and, third is where the
The costs of scanning depend in part on the quality, performance and use
of the equipment, and the size and planning of the specific port sites. Other
parameters related to human resources such as workforce productivity, level
of qualification or salary levels of agents also have to be taken into account
when developing a micro-economic analysis of the final projected costs of
100% scanning.
We consider two types of scanners : the first, is a classic moveable fixed
scanner (relocatable gantry) with a double tunnel ; and the second a more
steel (compared with 26 cm for the pass-through system), allows the truck
cabin to be inspected, and above all provides a better image detailing or-
ganic and inorganic materials. Conversely, the pass-through scanner is more
mobile, permits faster processing with over 100 trucks or tractor/trailer
combinations per hour. It requires less ground area with a simple radiation
protection zone but generates comparatively more manual searches, which
means additional human resources costs by third parties or Customs. In the
following application, the extra cost of searches required in the case of the
pass-through scanner is estimated at 10%, mainly due to the poorer quality
58 Yann Alix · Frédéric Carluer · Brian Slack
- the infrastructure (site and dedicated building with all the necessary facili-
ties) ;
- the shift work, as there will be more shifts depending on the number of
containers to be scanned, based on a 5 day week and 50 weeks per year ;
Table 1. Unit cost ($) of scanned TEU container in $US by type of scanner.
Number of containers Scanner 1 :
Scanner 2 : Relocatable fixed
Figure 1. Estimates of the direct unit cost of a scanned TEU container as a function
of overall activity.
60 Yann Alix · Frédéric Carluer · Brian Slack
These curves give an approximate image of reality on the basis of the data
provided by BureauVeritas. The introduction of an ultramodern risk-man-
agement system linked to the scanner would probably generate an addition-
al cost of around $3 per scanned container (for 150,000 TEU annually ; or
H.R.1 Law does not actually require analysis of the image). Assuming that
an image is 10 megabytes and that an operator can interpret 10 images per
hour, approximately 16,000 images per person per year could be processed,
with a colossal data-base required. At over 18 million US-Bound containers
today and potentially many more in 2012, this would amount to employing
1,125 staff at the Washington nerve centre based on 2007 traffic. By way of
comparison, around fifty staff are currently dedicated to interpreting im-
ages from 58 CSI Ports, with 5 to 10 images are received in total per year
from each CSI Port.
Finally, there is the question of the costs of scanning on large importers
such as Walmart. If the costs of scanning are to be passed on to the ship-
pers, this could represent an additional burden of several million dollars for
each company. As for surcharges induced by the implementation of the ISPS
Code, US shippers are already questioning the economic and financial conse-
quences which will cascade down from customs in each country, onto over-
seas port authorities and international terminal operators (estimate about
$8 million for each line according to the US CBP 2008), to shipping lines,
importers and finally, to the consumer !
under one-third of the overall cost of 100% scanning is related to the value of
the machine purchased (considered to be depreciated over seven years, at a
loan of 10% per annum). In other words, everything to do with the scanning
itself, starting with human resources (in particular systems operators and im-
Impacts on the International Supply Chain 61
aging operators) but also the dedicated computer systems and infrastructure,
make up well over half of the total cost.
man the scanners… the images had to be sent to the US, and the results trans-
ferred back. Full implementation would necessarily involve non-cooperative
countries.
- Release of skilled personnel to monitor the scanning gives less time to
thoroughly investigate other cargoes identified as high risk under existing
procedures.
- There are different levels of IT capabilities in ports. Applying different
operating procedures to a standard scanning requirement is likely to be very
difficult. Similarly differences in the physical characteristic of traffic made
interpretation difficult… the example of the greater height of UK trucks
meant that US designed scanners had to be changed.
In terms of trade patterns, 100% scanning would impact directly on the
strategies of terminal operators and the shipping lines. It could allow, for
example, innovative companies such as DP World to differentiate themselves
from competitors by setting up specific operational and organisational sys-
tems to achieve 100% scanning. Providing value added services linked to en-
hanced security of supply chains could become a commercial selling point.
This could then have consequences on inter-port and intra-port competition
and the spatial organisation of US-bound traffic. By investing in scanning
technology and implementing superior management systems certain hub
ports might seize the opportunities to strengthen their roles in the cross-
trades as ‘safe’ ports. Already the port of Jebel Ali has signaled its intention to
become the secure regional hub for US bound traffic.
Border Protection 2006). In 1995 the US imported less than 7 million TEUs.
Ten years later the total stood at almost 20 million TEUs (20% of the world
total according to UNCTAD 2007). This represents a growth of more than
10% per year.
Examination of the trade volumes reveal three trends (Table 2) :
- meteoric rise in Asia (+185%) over the same period, led by China (+472%)
and India (200%). Growth in other Asian markets was less spectacular with
growth of from South Korea (105%), Japan (+14%) and Hong Kong (+12%).
Only Vietnam and Cambodia, which started from very small beginnings on
the US market, do better over this period (1997-2006) ;
Impacts on the International Supply Chain 63
- Europe lags behind with a growth of only 52% over the period, corre-
sponding to average annual rate of growth of 4.9%.
Asia today accounts for almost 75% of US imports of maritime containers,
therefore, and is the only continent to have gained market share over the pe-
riod (+12.5 points since 1997). In terms of numbers of containers imported
by the United States, this represents almost 14 of the 18 million boxes (TEU)
imported in 2006.
2006, p.3), it is evident that 100% scanning would fall heaviest on Asian traf-
fic, with China bearing the brunt of the impacts (see Map 1), behind Japan,
Hong-Kong, Taiwan, South Korea and… Germany (less than 3%).
3. Potential impacts
From the issues raised in this paper, several possible outcomes are discussed.
Some relate to the possible effects on future patterns of trade flows. Others
relate to the difficulties of implementation and possible modifications of the
100% scanning container law. From a technical point of view, the conditions
and rules imposed on scanning (US CBP 2008) could be revised in order not
to render obsolete three-quarters of the 1300 existing scanners in use around
the world. Furthermore, the new Obama administration might decide delay
beyond 2012 the implementation of the Act and perhaps even water down
some of its provisions, as has already been hinted by Janet Napolitano, the
new Secretary of Homeland Security (Inside US Trade 2009).
Several different scenarios that describe future trends and that take into
account the politico-economic and technological uncertainties are construct-
ed. They are analysed using game theory (Gibbons 2001 ; Rasmussen 2006 ;
64
Yann Alix · Frédéric Carluer · Brian Slack
Map 1. Growth (in %, top of histogram) of exports of US-bound maritime containers (TEU) from their top 50 trade part-
ners 1997-2006 (relative to the share of each country : width of the histogram, and to the ranking of each : colour of the
histogram).
Impacts on the International Supply Chain 65
European megaports ;
• Scenario 4 (Polarization) : all major European and Asian ports and a few
The decision tree sets these six scenarios (S1 to S6) against a time frame
and other factors influencing the decisions (Figure 2).
In applying these six scenarios we have to consider their potential impacts,
particularly with reference to the logistics chain. It has to reconcile securi-
ty imperatives with the extra costs and disruptions to traffic fluidity. At the
same time there will be differences in the willingness and ability for different
countries to adopt the US-imposed security measures. For countries with
large trade relations with the US it may be a necessity, but for other countries
the small traffic may not be worth the costs and dislocations of adoption. It
may be noted that this distinction spans the developed/developing country
distinction, since there are countries in both groups that face the same deci-
sions. A further factor that affects the scenarios is technology. Considered
by many observers as utopian in its stipulation of applying 100% scanning
by 1 July 2012, it may also be viewed as a tremendous technological boost,
66 Yann Alix · Frédéric Carluer · Brian Slack
.(1- )
S2
Remains Megaports
inapplicable
The 100%
scanning law Port hubs Politics &
S3
(1- ). . Costs
(1- ) Only for
the US (1- ). .(1- )
Becomes the (1- ). Regional port hubs S4
new frame of (1- ).(1- ) S5
standards Big ports
At the world
scale (1- ).(1- ).(1- )
Costs &
(1- ).(1- ).
S6 Port size
All ports
Legend : The decision tree shows for example that the 100% scanning law has a probability
of β% to remain inapplicable and the opposite probability (1-β)% to become a global scale
standard.
Figure 2. Six scenarios for H.R.1 : a game theory viewpoint.
The different scenarios are examined below taking into account the factors
reviewed above and are summarized in Table 3.
In the first Scenario (no port is capable of applying 100% scanning by 1
July 2012), the status quo prevails : current security systems will remain in
place and because of internal and external objections H.R.1 will be repealed
by Congress. Three radical solutions would remain : completely abandoning
or conversion at all costs on the planned date and, since it will be impossible
for all partners to meet the specifications, setting up nearby port enclaves
with the necessary material and operational conditions which would be an
alternative to the direct import into its territory of non-scanned containers.
Massive investments (more traffic planned at Long Beach in 10 years’ time) in
the Mexican port of Ensenada (a stone’s throw south of San Diego) testify to
this desire to “diversify” the options and therefore the risks. Finally, we have
every reason to believe, in the context of this Scenario, that international or-
ganizations (starting with the WCO) will favour a pragmatic approach by re-
concentrating on what is feasible and operational (SAFE framework of stand-
ards : WCO (2005) ; Kovacs (2008, p. 15), i.e. a targeted risk analysis or even the
Heightened risk analysis, with a direct link with US intelligence services, could
therefore determine in advance the level of scanning required (30%, 50%, or
more) depending on the seriousness of the information intercepted. The ports
would therefore have to increase their scanning capacity (in other words a
higher percentage of containers, even up to 100%) depending on the nature of
the potential threat (system of indicators). International organizations would
only be able to advocate an extension of port certification (less binding), a sin-
gle international framework and multilateral negotiations.
The third and the fourth Scenario, although less probable, cannot be
ruled out entirely. It involves polarization, in other words the appearance
of around fifteen “hub” ports either with terminals dedicated to the United
States (Scenario 3) or without them (Scenario 4 : complete, uniform port
optimization of the world logistics chain and, more or less directly, improve
commercial trade flows (while avoiding too many diversions of traffic and
thus reducing medium-distance cabotage). The framework of international
standards could therefore only be strengthened as it would be considered an
imperative intermediate step to the sought-after certification. Support, even
aid, from international organizations could therefore help some ports which
make colossal efforts to catch up.
There remains the fifth and the sixth Scenarios and the most utopian : net-
nological evolution and performance, and also the human and material costs
of port reorganisations associated (most of all to mitigate congestion), not to
mention the impacts of the economic crisis and the massive investments in
large infrastructure programs that have recently been accepted.
1
For instance, the Americans are to lay down a radioscopic performance standard for
scanners which are currently in use or to be built, and this will thus become the ‘approved’
standard (H.R. 1 law Title V, Section 501A).
Table 3. Potential macro-economic impacts of the application of the US ‘100% scanning’ law on 1 July 2012
Impacts on
Developed Developing International Validation
Scenarios Logistics chain US policy Probability
countries countries organizations criteria
(ports)
Status quo (strengthening of “First mover Not penalized - Abandoning the - Preferential risk Strong Prohibitive cost
current trends) advantage” of but “avoided” law analysis related to crisis
1 Largely heterogeneous precursors
- Deferral : 2014 ? - Towards Mega- Inapplicabil-
None practices - Bilateral agree-
port 2 ? ity and/or
ment (China) abandonment
- Nearby enclaves of the law
‘Triadic’ concentration : Limited club of Marginalized - Time limit grant- - Strengthening Fairly strong Strong techno-
strong hub ports (incentive leaders : positive ed to CSI ports existing provi- logical develop-
2 for transhipments) differentiation of - Targeted exemp- sions ment
Megaports Port terminals dedicated to secure ports tions - Alert mecha- Affordable unit
the US - 50% scanning nism graduated cost.
according to risk
Polarization : “hub” ports Points of passage One or two - Time limit - Strengthening Low Strong lobbying
Port terminals dedicated to required network heads awarded to CSI existing provi- of manufactur-
3
the US ports sions ers & adminis-
Many
Technical-logistics expertise - Targeted exemp- - Communication trators
dedicated
tions Fear climate in
the US
Polarization : “hub” ports Strengthened A few network - Modulated - Support Very low Performant
4 Technical-logistics expertise positions heads application - Communication technologies
Many (cabotage) and port mana-
gement
Impacts on the International Supply Chain
Networking : networked Shared logistics One or two - Modulated - New standards Tiny Innova-
5 economy dominance continental application if EU follows suit tive world
All Port terminals dedicated to platforms megaports and
dedicated the US companies
Organizational innovations US isolationism
Networking : networked Loss of the Several - Strict application - Development of Marginal Attack in a
6 economy competitive ad- continental a new framework mega-port
All Port reorganizations vantage acquired platforms of standards : SFI Reduced unit
Organizational innovations in recent years cost
69
70 Yann Alix · Frédéric Carluer · Brian Slack
- the first is the ideal-type case, i.e. coupling the three innovations. Invest-
ment in infrastructure (and the associated port reorganization) thus goes
hand-in-hand with the improved productivity of the machines (throughput)
and human resources (interpretation), and 100% scanning can become a re-
ality for all the world ports which are not prisoners of financial constraints.
This is S6 : Networking of a large number of ports worldwide thanks to the
networking ?). This ensures scanning of all US-bound containers but the risk
- If the technology does not evolve much between now and 2012 but the
most powerful machines in existence today spread throughout the world,
a large number of countries could envisage 100% scanning provided they
make significant physical and human investments and put these to work on
port reorganization (S3 : dedicated polarization). Unless human resources
are made a priority, physical investments will not achieve anything and no SFI
72 Yann Alix · Frédéric Carluer · Brian Slack
certification will be achieved ; hence just a few megaports will emerge from
- Finally, it goes without saying that with the same technology and low
investments in infrastructure, gambling on human resources alone will not
allow 100% scanning to be envisaged in any port whatsoever be (S1 : status
quo). This will also be true if nothing is done in terms of training (S1), quite
apart from the fact that risk analysis alone would be questionable given the
anticipated explosion in container traffic.
What is the likelihood of the above scenarios occurring ? While not able or
willing to vouch for the respective importance of these three factorial dynam-
ics (infrastructure, technology and human resources), which are all looked at
from a qualitative point of view, it would appear that certain scenarios stand
out more than others.
Combined with the latest scientific literature and having regard to the
feedback from experience from the standard questionnaires, scenarios 3 to
6 appear more than unlikely by July 2012. This disparity in reactivity (“time
costs” according to Hummels 2006, p.33) reveals the gaps in performance
(associated with the use of ICT, the expertise of Customs officers, inter-actor
co-ordination (port and Customs authorities above all, but also private ac-
tors), port organization in general) which currently exist between ports in
developing countries and developed countries, with China having made up a
lot of ground since 2004.
There remain scenarios 1 (no port) and 2 (some megaports apply 100%
scanning in 2012). Here again the uncertainties are too great, particularly
at the technological level, and based on the feedback from the experience
of three pilot ports (Southampton, Port Qasim and Puerto Cortes). Unless
there is a major technological revolution which is very sparing in human
resources (which cannot be completely ruled out), the response would there-
fore lie somewhere between scenarios 1 and 2, in other words the appearance
of a few certified megaports through which all US-bound containers would
transit and which would be capable of scanning 50% of them. The world
port dualization (two-tier system ?) will resemble an archipelago economy
in which a few certified islands, which are secure and at the leading edge of
technology, will attract container flows from around the world as obligatory
points of passage. This polarization will be strengthened if the European
Union goes down the same regulatory route as the US. This new unilateral
framework of standards may however evolve between now and 2012 and be
modified and/or deferred in time, even if the trend would be, as for airports
Impacts on the International Supply Chain 73
(where it seemed absurd in 1990 to plan 100% scanning by 2000) for 100%
scanning to one day become a reality.
Finally, the crucial problem of the dysfunctions generated by certain na-
tional safety practices and their international impacts should be highlighted
as it must lead to a necessary harmonization of practices, which appears to
translate into a relative reinforcement of security standardization. The key
question remains how to handle alerts and improve operational arrange-
ments and their impacts on traffic flows and blockage of terminal instal-
lations was also mentioned several times. According to UNCTAD and the
professionals, the concern is to avoid disrupting traffic flows in ports, and if
a container is judged suspect, it should be possible to manage this informa-
tion and divert it to a new location where a scan (or even opening of the
container) can confirm what is suspected.
4. Conclusion
Some see the US 100% scanning law as a veiled protectionist measure (Miller
2007, Edmonson 2007, Wilson 2007), others see it as US response to guard
against any world terrorist risks (Richardson 2004). It seems likely to affect
the US logistics chain by ‘allocating’ (Niehaus 2002), or even transferring,
this risk to its partner countries as scanning is required to take place before
loading (WCO 2008, p.13). We demonstrate that the law will fall dispropor-
tionately on China, where estimates of between 50% and 75% of world con-
tainer trade with the US will originate.
If China is to respond to the challenge it will have to invest heavily in
equipment and manpower to enable all the containers to be scanned. They
will probably have to restrict the scanning to few main gateways and assume
some increasing congestion and costs to those ports and terminals. On the
other hand, the scanning process might become an interesting competitive
factor, attracting a large amount of cargo dedicated to the US market. And
finally, this opportunity might be also used by non-Chinese ports like Korean,
Japanese and far away from China, European ports which do not have any
strong sign from the European Union in that matter.
In 1990 it would have seemed absurd to plan for 100% scanning of con-
tainers. Today the question is where (especially in Asia) this will be imple-
mented and at what costs and dislocations to international trade ? However,
the economic world crisis and the new US international policy have recently
complicated matters and have confused the issue. That is the mean reason
why Janet Napolitano said few months ago (Inside US Trade 2009) : “I know
that the Department of Homeland Security is facing a 2012 deadline and that is go-
ing to be difficult to achieve based on what we know today… Whatever the Obama
74 Yann Alix · Frédéric Carluer · Brian Slack
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