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NASA
News
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Date: Tuesday, June 3, 2003
Re: Evergreen America Force Majeure
Dear NASA Member:
This is to notify you that Force Majeure event commenced at the Port of
New York /New Jersey on May 14, 2003, in Norfolk, Va. On May 22, 2003, Baltimore,
MD on May 25, 2003 and Savannah GA on June 1, 2003 and
is ongoing.
This Force Majeure event consists of a labor dispute that has effectively
closed all Evergreen operations at Maher Terminals at Port Elizabeth, NJ
and Norfolk, Va., and Baltimore MD, and Savannah Ga. for the specific vessels
listed below and for all cargoes on board said vessels destined for these
ports. This Force Majeure event is valid for also valid for cargo aboard
these vessels to/from prior ports as well as ports beyond. This condition
is entirely beyond Evergreen's control.
Vessels listed below that list being diverted to Halifax, Canada; Colon,
Panama; and Kingston, Jamaica all have affected Bills of Lading for shipments
that might be impacted by the labor action that has created this Force Majeure
condition
Vessel Voyage Number Position
M/V Ever Reward 0059-054W At Berth 86 NYC
M/V Ever Repute 0155-040W At Berth 84 NYC
M/V Ever Result 0156-046W At SVN awaiting orders
M/V Ever Divine 0060-025W Diverted to Colon, Panama
M/V Ever Develop 0061-039W Diverted to Colon, Panama
M/V Ever Refine 0062-041E Diverted to Halifax, Canada
M/V Ever Decent 0063-034E Diverted to Halifax, Canada
M/V Caribbean Sea 0064-001E Diverted to Colon, Panama
M/V Ever Racer 0065-048E NYC and NFK
Cargo Discharged at Colon, Panama
MV Ever Royal 0157-063E/W Diverted to Colon, Panama
M/V Hansa Africa 0158-001E/W Diverted to Colon, Panama
Evergreen is now unable to move or deliver cargo through the Terminals in
NYC, BAL, NFK and SVN or to perform any contract obligations which are in
any way dependent on its ability to do so. While this Force Majeure condition
is temporary, we have no way of knowing at this time when it will end.
Evergreen is seeking every legal alternative available as well as all resources
to resolve this issue. We continue to expect a determination from these
actions on almost an hour to hour basis, which could still occur within
the next 24 to 48 hours.
Upon achieving any determination from the courts or the NLRB that permits
us to operate at all of these ports, Evergreen has prepared contingency
plans that seek the most immediate means for all customers to receive their
cargo as quickly as possible.
Please note that this is a notification of Force Majeure it is not an attempt
to terminate the agreement.
If you have any questions, please do not hesitate to contact us.
Best regards,
The North American Shippers Association
Gregory N. Taylor
Manager