<div class="phx-topic abstract-wrapper">For much of the shipping world right now, the skyrocketing price of oil is an enormous and very expe</div>

For much of the shipping world right now, the skyrocketing price of oil is an enormous and very expe

<div>For much of the shipping world right now, the skyrocketing price of oil is an enormous and very expensive game of musical chairs. As long as the music plays, carriers will pass the bloated cost of fuel on to their shippers, and shippers then try to pass it along to their customers or to recover the costs at the negotiating table.What a growing number of players fear, however, is what will happen when the music stops.Click to Enlarge Higher fuel prices are "going to have a devastating impact on our overall economy," said D. Paul Thompson, CEO of freight consultancy...

For much of the shipping world right now, the skyrocketing price of oil is an enormous and very expensive game of musical chairs. As long as the music plays, carriers will pass the bloated cost of fuel on to their shippers, and shippers then try to pass it along to their customers or to recover the costs at the negotiating table. What a growing number of players fear, however, is what will happen when the music stops. Click to Enlarge Higher fuel prices are "going to have a devastating impact on our overall economy," said D. Paul Thompson, CEO of freight consultancy Transportation Insight. Shippers' day-to-day operational worries about the price of diesel are being replaced by generalized anxiety about the future of the economy. "This is the most concern about fuel prices that I've seen since the oil crises of the late 1970s," Thompson said. That concern comes from the highest numbers ever recorded, even adjusted for inflation, for the price of oil and record highs in recent weeks for diesel fuel. Before a sharp pullback last week, the price of oil on world markets pushed past $98 a barrel, capping a sharp run-up in recent weeks that has brought the prospect of $100-a-barrel oil into the limelight and, more immediately for shippers and transport carriers, pushed diesel fuel prices to record levels. Click to Enlarge The national average price of diesel jumped 12.2 cents for the week ending Nov. 12, to $3.425 a gallon, only a week after the price spiked 14.6 cents. The average on the West Coast surpassed $3.60 a gallon and in California it was $3.663 a gallon, according to the U.S. Energy Information Administration. In three months, the average national price of diesel has grown 64 cents, or more than 20 percent, and the price has increased 42 percent since February. Jet fuel prices also have soared to new records, growing some 60 percent this year and pushing past $2.70 a gallon on some world markets at the start of November and fuel surcharges for air transport were hitting record levels this month. Oil, of course, is the grease that makes the wheels of global commerce spin, at the rate of 85 million barrels a day. "Oil is it," said Eric Starks, president of FTR Associates, a research group. Shippers and carriers "are just going to have to deal with it," he said. The price of oil has risen 56 percent this year, and 365 percent over the last decade. "We snickered at $70" per barrel oil, said Jack W. Boisen, vice president of cargo at Continental Airlines Cargo. "We coughed at $80. We gasped at $90." With the huge runup in energy costs this year, you might think shippers and carriers would be pressing for a national energy policy to deal with it, or hedging strategies to anticipate it, or alternative fuels to bypass it. But experts say the rising costs this year haven't yet raised the alarms and actions that came when spiking fuel costs hit transportation three years ago. "By and large, the shippers have been oblivious to really doing any kind of scenario planning," said Michael A. Regan, CEO of TranZact Technologies, a logistics management provider. "People are acting as if (the higher fuel price) is being discussed, when in fact it's a reality now." "We're not seeing the big panic you saw three or four years ago, and the main reason is most shippers have been seeing a pretty healthy reduction in their transportation line haul rates," said Gary Girotti, vice president of the transportation practice at supply chain consultancy Chainalytics. That's because the freight economy has been in recession for more than a year and nearly every mode is scrambling to keep equipment filled and stock rolling. "If we're sitting in this situation six months from now, it's a different story," Girotti said. "People are taking a wait-and-see approach because transportation budgets look pretty flat right now," he said. "If oil remains this high at the end of the first quarter (of 2008), if we continue this trend, then you will see some response." Since the gallon prices of gasoline and diesel don't move in lockstep with the price of oil by the barrel, oil's price is still a relatively abstract measure for many shippers. "The oil prices had been up 30 percent and the diesel prices were up only 18 percent," Girotti said, while noting the spread between oil price hikes and diesel fuel increases has recently narrowed. Most shippers are also better insulated from the direct costs of oil and fuel. Diesel averages about 4 percent of a shipper's total logistics cost, according to Girotti. But shippers say the recent increases are breathtaking. "We've just deadened the senses," said Gary A. Palmer, senior transportation director at hardware tools shipper True Value. "Each year it's another plateau, and we've lost our ability to be shocked by it." With carriers hungry for freight, the surcharge has become the prime battleground between shippers and carriers over who ultimately pays the increased price of fuel. Bigger carriers that pass through fuel costs report the least impact to their businesses. "We have not seen any evidence that the higher fuel prices are impacting our volume to any greater degree than previous," said Jim Butts, vice president of transportation at freight broker and logistics provider C.H. Robinson Worldwide. C.H. Robinson tries to mitigate the impact on its carrier partners and customers by expediting surcharge payments. Others also are looking more closely at operations. John Deris, senior vice president of sales for fleet management solutions at Ryder System, said his company is leaning hard on technologies that monitor driving habits, idle times and onboard diagnostics to optimize vehicle performance. "There are many ways of lowering overall fuel costs other than just price per gallon," Deris said. Big companies such as Target, the $60 billion retailer, continue to rely heavily on their surcharge program to keep a lid on fuel costs. "However," said Steve Carter, Target's director of transportation planning, "we always look to move as much in full truckloads (versus less fuel efficient LTL) whenever we can." For much of the trucking industry, fuel surcharges are a growing point of stress between shippers and carriers as fuel costs look increasingly out of step with pricing and surcharge programs built into contracts. Carriers say with some fuel surcharge programs locked into the single digits even as costs have grown more than 20 percent, the financial health of some carriers is threatened. Steve Hartmann, vice president of Aurora, Ill.-based LTL carrier Mid-States Express. "At some point," he said, "that's going to cut you out." "Most carriers have a floating surcharge," Hartmann said. "But some (shippers) top out at 8 or 9 percent. At some point, when your revenue is not covering your fixed costs and not covering your variable costs, well, we heard (YRC Worldwide Chairman) Bill Zollars say the other day, YRC is going to have to fire some customers. That's the reality the industry faces." Starks said savvy shippers realized after an earlier run-up in fuel prices in 2004 and 2005 that shopping purely on cost was a fool's game over the long run. "You want to make sure (carriers) are there for you," he said. Hartmann agreed. "When the economy comes roaring back, where shippers had 20 carriers, they are going to have five. And shippers aren't going to know what hit them," he said. But carriers also are under enormous pressure to keep their vehicles moving for cash flow even if the business loses them money longer term. "It's the quick death or the slow death," Hartmann said. "Which one do you want?" Shippers seem to tolerate more transparent truck company surcharges than those from other modes. "The fuel surcharge is better managed in the truckload world," said Harold A. Wilson, president of distribution and transportation services at closeout retailer Big Lots. "With the rail industry and the way it assesses fuel surcharges, we have a much more difficult time understanding the reasonableness and the way it's passed along to us," Wilson said. "In the last two years, we've seen much more of an increase in the fuel surcharges in the rail industry than in the trucking industry." Greg O. Andrews, managing director of the executive masters in international logistics program at the Georgia Institute of Technology, said international investigations into surcharge price fixing, involving most recently British Airways and Korean Air in the United States, suggest "fuel surcharges are being used to pad revenues." If there's one player no one so far wants to deny a seat in this game of musical chairs, it's the consumer. "What we're hearing is a strong sentiment from our shipper base that now is not the right time to pass higher fuel prices along to consumers," Butts said. Deris added shippers "are concerned about economic conditions right now. They're all tightening their belts." Instead, shippers are trying to squeeze those last molecules of efficiency out of supply chains that have spent the last decade on a productivity bender. "The marketplace we're in is very mature," said Thompson. "The players are very efficient. There's just not many things meaningfully that can be done. You can put more stuff on rail but you pay on efficiency, especially in the just-in-time world and with customer service demands." Palmer said True Value is looking beyond the efficiency drives of recent years. "If we can move to 6.4 miles per gallon from 6.2, that can provide a major savings," he said. "We were concerned about hours of service and how that would require us to save time on the road," Palmer said. However, an internal study at one site, for instance, "showed drivers that setting a speed of 62 miles per hour turned out to be safer, saved fuel and made very little difference on time of arrivals," he said. And, Palmer said, "We avoid buying diesel on the road, buying retail, and that means driving smarter and planning." Regan said fuel hedging by locking in prices for future supplies was a popular topic of discussion six months ago. Now, after the price began its nine-week autumn run-up to more than $90 a barrel, not so much. "Your timing has to be right," Regan said. The biggest, most sophisticated buyers are the only ones reporting consistent hedging success: Deris said Ryder buys 30 million gallons of fuel a month and can cut deals for major nationwide accounts. But even oil company executives are baffled by the amount of money being shelled out for a gallon of diesel. "The fundamentals don't support where prices are today," said Todd W. Onderdonk, senior energy advisor for ExxonMobil. "Nobody was projecting it would be this high." It's increasingly taken for granted that high fuel costs will eventually exact their inflationary revenge throughout the broader economy. "The higher fuel prices put pressure on everybody who's responsible for supply chain costs," Butts said. Yet Starks argued the ongoing freight recession and excess transportation capacity are more responsible for temporarily switching the balance of power from the carrier - where it was a few years ago when business was booming - to the shipper today. "It's definitely flipped," Starks said. "The fuel situation is not longer a primary driver of whether the industry is profitable or whether the industry will be around." As lousy a mechanism as the surcharge is for catching carriers up to rising fuel costs, the absence of that mechanism put hundreds of carriers out of business during the last freight recession, in 2001 and 2002. "Nobody wins with $100 oil," said Thompson, "at least not in the shipper-carrier community." Associate editors John Gallagher and Michael Fabey contributed to this story.

Transport, Trade and Regulation News

Fuel Pumps Up

<div class="phx-topic abstract-wrapper">The procedural reauthorization bill would provide funding for the agency for the next three fiscal years and add more outside expertise on ports and ocean carriers.</div>

The procedural reauthorization bill would provide funding for the agency for the next three fiscal years and add more outside expertise on ports and ocean carriers.

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<div class="phx-topic">A bill reauthorizing the US Federal Maritime Commission (FMC) for another three years has been introduced in the House of Representatives, with the proposed legislation also adding more outside expertise to the agency for help on ocean carriers and ports and allowing for a complaint process covering freight indices. Representatives John Garamendi (D-Calif.), along with Dusty Johnson (R-SD), Mike Ezell (R-Miss.) and Salud Carbajal (D-Calif.), introduced the bill last week to reauthorize the FMC through 2029, Garamendi’s office said in a statement Monday. The bill, which includes funding for the agency, aims to build on Garamendi and Johnson’s work on the Ocean Shipping Reform Act of 2022 (OSRA-22), the statement said. “Ocean shipping is a critical aspect of America’s national, food and economic security,” Johnson said in the statement. That’s why our Federal Maritime Commission must be equipped with the proper tools to keep the industry operating above bar.” The reauthorization bill, which is a standard procedure for many federal agencies, outlines funding for the FMC through the next three fiscal years. The FMC’s budget will increase from $49.2 million in 2026 to $57 million in 2029, representing an average 5% annual increase over that time. Along with the funding, the bill includes <a href="https://www.joc.com/article/us-house-bills-keep-shipping-reform-effort-alive-even-after-freight-rate-plunge-5241752">tweaks to OSRA-22 that Garamendi and Johnson had been pushing for</a>. The reauthorization bill proposes the creation of a 13-member national port advisory committee. The committee would be comprised of five members from marine terminal operators, five from port authorities and three members of the longshore workforce. It also includes a new ocean carrier advisory committee with six members from ocean carriers and three from ocean forwarders or non-vessel-operating common carriers (NVOs). The bill also includes new regulations for freight index providers such as the Shanghai Shipping Exchange. OSRA-22 required that within three years of its passage, shipping exchanges be registered with the FMC and that their underlying rules and regulations for any service contracts using their indices be published. The new bill would also allow the FMC to investigate any complaints about “alleged incidents of market manipulation or other anticompetitive practices” by shipping exchanges. The legislation also extends the deadline for shipping exchanges to register with the FMC until two years after the reauthorization’s passage. Contact Michael Angell at <a href="mailto:michael.angell@spglobal.com">michael.angell@spglobal.com</a>. </div>

A bill reauthorizing the US Federal Maritime Commission (FMC) for another three years has been introduced in the House of Representatives, with the proposed legislation also adding more outside expertise to the agency for help on ocean carriers and ports and allowing for a complaint process covering freight indices. Representatives John Garamendi (D-Calif.), along with Dusty Johnson (R-SD), Mike Ezell (R-Miss.) and Salud Carbajal (D-Calif.), introduced the bill last week to reauthorize the FMC through 2029, Garamendi’s office said in a statement Monday. The bill, which includes funding for the agency, aims to build on Garamendi and Johnson’s work on the Ocean Shipping Reform Act of 2022 (OSRA-22), the statement said. “Ocean shipping is a critical aspect of America’s national, food and economic security,” Johnson said in the statement. That’s why our Federal Maritime Commission must be equipped with the proper tools to keep the industry operating above bar.” The reauthorization bill, which is a standard procedure for many federal agencies, outlines funding for the FMC through the next three fiscal years. The FMC’s budget will increase from $49.2 million in 2026 to $57 million in 2029, representing an average 5% annual increase over that time. Along with the funding, the bill includes tweaks to OSRA-22 that Garamendi and Johnson had been pushing for . The reauthorization bill proposes the creation of a 13-member national port advisory committee. The committee would be comprised of five members from marine terminal operators, five from port authorities and three members of the longshore workforce. It also includes a new ocean carrier advisory committee with six members from ocean carriers and three from ocean forwarders or non-vessel-operating common carriers (NVOs). The bill also includes new regulations for freight index providers such as the Shanghai Shipping Exchange. OSRA-22 required that within three years of its passage, shipping exchanges be registered with the FMC and that their underlying rules and regulations for any service contracts using their indices be published. The new bill would also allow the FMC to investigate any complaints about “alleged incidents of market manipulation or other anticompetitive practices” by shipping exchanges. The legislation also extends the deadline for shipping exchanges to register with the FMC until two years after the reauthorization’s passage. Contact Michael Angell at michael.angell@spglobal.com .

Maritime

Supply chain

Congress seeks reauthorization of FMC through 2029

<div class="phx-topic abstract-wrapper">Although spot rates from Asia to the US are dropping due to waning demand and overcapacity, the carrier is zeroing in on the e-commerce sector with its expedited transit times and the quick delivery of containers upon discharge from vessels. </div>

Although spot rates from Asia to the US are dropping due to waning demand and overcapacity, the carrier is zeroing in on the e-commerce sector with its expedited transit times and the quick delivery of containers upon discharge from vessels.

<div class="phx-topic">Hede Shipping in mid-July will launch its third expedited service from China to Los Angeles as the niche carrier seeks to expand its share of the trans-Pacific e-commerce market. Although spot rates from Asia to the US <a href="https://www.joc.com/article/trans-pacific-sailing-into-slowdown-asia-europe-outlook-brightens-analysts-6031694">continue to drop due to waning demand and overcapacity in the overall market</a>, China-based Hede is zeroing in on the e-commerce sector with its expedited transit times and the quick delivery of containers upon discharge from vessels. “The e-commerce market is already there. It’s here to stay,” Roger Zhang, COO of Duke Shipping, the exclusive agent for Hede’s trans-Pacific services, told the Journal of Commerce Monday. Still, the new service that launches July 16 comes as e-commerce volumes, more typically the domain of the air cargo market, <a href="https://www.joc.com/article/signs-of-air-cargo-recovery-on-the-trans-pacific-as-freighter-aircraft-return-6019701">are under pressure in the trans-Pacific</a>. The US on May 2 eliminated the duty-free exemption for low-value shipments from China valued at under $800. Less than two weeks later, the US reduced the so-called de minimis tariff on low-value imports from 120% to 54%. Items sent via post from China to the US will be charged a flat fee of $100, regardless of value. In 2024, e-commerce shipments accounted for about 50% of China-to-US air freight volume, according to rate benchmarking platform Xeneta. Since the duty-free status of low-value Chinese imports was revoked in May, the volume has declined. Hede’s new service initially will be biweekly, with a 14-day transit time from Nansha in South China to Los Angeles. Last year, Hede phased in two weekly services from Shanghai to Los Angeles covering northern and eastern China, Zhang said. The average transit time from China to Southern California for nonexpedited services ranges from 15 to 18 days. Average transit times from Shanghai to Los Angeles in May were 18 days, according to the latest data available from InforNexus. Hede’s new Nansha service will begin with three container ships ranging in size from 3,000 to 4,000 TEUs. Vessels operated by the alliance carriers are generally 10,000-TEU capacity or higher. At present, securing additional vessels is difficult, Zhang said. “The charter market is so hot,” he said. Hede competes in the expedited service space with Zim Integrated Shipping Services and CMA CGM. UWL offers an expedited service from Southeast Asia to Seattle. <h3>Expedited container handling landside in Los Angeles </h3>As with its first two trans-Pacific services, vessels will call at the West Basin Container Terminal (WBCT) in Los Angeles. Hede offers a wheeled operation at WBCT and a dedicated chassis pool. “Expedited containers are ready for pickup within 24 hours after discharge, offering a fast logistics solution for time-sensitive cargo,” Zhang said. The spot rate from Shanghai to Los Angeles as of last Thursday was $3,741 per FEU, down 27% week over week and 36% from June 5, according to Drewry. Contact Bill Mongelluzzo at <a href="mailto:bill.mongelluzzo@spglobal.com">bill.mongelluzzo@spglobal.com</a>. </div>

Hede Shipping in mid-July will launch its third expedited service from China to Los Angeles as the niche carrier seeks to expand its share of the trans-Pacific e-commerce market. Although spot rates from Asia to the US continue to drop due to waning demand and overcapacity in the overall market , China-based Hede is zeroing in on the e-commerce sector with its expedited transit times and the quick delivery of containers upon discharge from vessels. “The e-commerce market is already there. It’s here to stay,” Roger Zhang, COO of Duke Shipping, the exclusive agent for Hede’s trans-Pacific services, told the Journal of Commerce Monday. Still, the new service that launches July 16 comes as e-commerce volumes, more typically the domain of the air cargo market, are under pressure in the trans-Pacific . The US on May 2 eliminated the duty-free exemption for low-value shipments from China valued at under $800. Less than two weeks later, the US reduced the so-called de minimis tariff on low-value imports from 120% to 54%. Items sent via post from China to the US will be charged a flat fee of $100, regardless of value. In 2024, e-commerce shipments accounted for about 50% of China-to-US air freight volume, according to rate benchmarking platform Xeneta. Since the duty-free status of low-value Chinese imports was revoked in May, the volume has declined. Hede’s new service initially will be biweekly, with a 14-day transit time from Nansha in South China to Los Angeles. Last year, Hede phased in two weekly services from Shanghai to Los Angeles covering northern and eastern China, Zhang said. The average transit time from China to Southern California for nonexpedited services ranges from 15 to 18 days. Average transit times from Shanghai to Los Angeles in May were 18 days, according to the latest data available from InforNexus. Hede’s new Nansha service will begin with three container ships ranging in size from 3,000 to 4,000 TEUs. Vessels operated by the alliance carriers are generally 10,000-TEU capacity or higher. At present, securing additional vessels is difficult, Zhang said. “The charter market is so hot,” he said. Hede competes in the expedited service space with Zim Integrated Shipping Services and CMA CGM. UWL offers an expedited service from Southeast Asia to Seattle. Expedited container handling landside in Los Angeles As with its first two trans-Pacific services, vessels will call at the West Basin Container Terminal (WBCT) in Los Angeles. Hede offers a wheeled operation at WBCT and a dedicated chassis pool. “Expedited containers are ready for pickup within 24 hours after discharge, offering a fast logistics solution for time-sensitive cargo,” Zhang said. The spot rate from Shanghai to Los Angeles as of last Thursday was $3,741 per FEU, down 27% week over week and 36% from June 5, according to Drewry. Contact Bill Mongelluzzo at bill.mongelluzzo@spglobal.com .

Container Shipping News

Container lines

Trans-Pacific

Hede Shipping to launch third expedited service from China to Los Angeles

<div class="phx-topic abstract-wrapper">The groups want the US customs agency to rule that tariffs should be assessed according to a good’s origin port, not a secondary port through which it might have been transshipped. </div>

The groups want the US customs agency to rule that tariffs should be assessed according to a good’s origin port, not a secondary port through which it might have been transshipped.

<div class="phx-topic">A wide-ranging coalition of shipper and logistics service provider groups is urging US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) to clarify whether goods transshipped before the Trump administration imposed tariffs on most nations on April 5 will be subject to those additional costs. At issue is whether goods that departed from their origin ports prior to the April 5 deadline, but were then transshipped at another port en route to their US destination ports, are subject to the tariffs, issued under the president’s authority through the International Emergency Economic Powers Act (IEEPA). In a letter dated June 27, 94 shipper, customs broker and forwarder organizations, including the National Retail Federation, Retail Industry Leaders Association, National Industrial Transportation League and National Customs Brokers and Forwarders Association of America, said communication between CBP and the trade community has offered “differing and sometimes contradictory responses.” The groups assert that previous CBP rulings dictate that relay legs or diversions of cargo shouldn’t impact the duty levels of goods, citing, in particular, the “sale for exportation standard” that underpins transactions between buyers and sellers of goods. “Numerous CBP rulings clarify that CBP relies on documentary evidence, such as invoices, purchase orders and/or bills of lading, when confirming that the ultimate destination for goods always was the United States and there was never a contingency of diversion,” the letter said. “The sale for exportation standard is consistent with and supports the finding that relay vessels originating in the initial country of export should meet the in-transit exception and eligibility should be based on the initial country of loading and export.” The transshipment issue has been a thorn in the side of importers trying to navigate the IEEPA tariffs, as CBP’s original guidance on April 4 wasn’t clear, according to a range of trade compliance experts. Subsequent guidance issued by CBP on May 15, which included a set of frequently asked questions, <a href="https://www.joc.com/article/scheduling-linked-to-10-tariffs-causing-confusion-angst-for-us-importers-6009281">included details on how transshipment would impact tariff exemptions</a>. <h3>Seeking better communication </h3>Import groups argue that transshipment is often out of the hands of the cargo owners responsible for paying tariffs. In the letter, the groups asked for guidance around the IEEPA tariffs to be conveyed via a consistent channel to avoid confusion among the trade community. “With the proliferation of communication channels, it is vital for the trade community to have one consistent and reliable repository of information regarding updates and changes to trade practices, policies and procedures,” the letter said. The groups also asked CBP and DHS to avoid cutting agency resources to execute and enforce changing tariffs. The IEEPA tariffs are currently caught up in a legal dispute, with the US Court of International Trade (CIT) <a href="https://www.joc.com/article/federal-court-ruling-blocking-tariffs-resets-shipping-outlook-6013402">ruling in late May</a> that President Donald Trump had overstepped his authority in using the act to justify his tariffs. But a US Court of Appeals for the Federal Circuit temporarily stayed the CIT’s order, preserving the tariffs until a hearing on the case is held. The US Supreme Court on June 20 declined to fast track a case brought by two toy importers challenging the tariffs. Trade attorneys speaking at the American Association of Exporters and Importers in Washington, DC, on Friday said they expect the dual challenges to IEEPA tariffs — the CIT challenge and the toy importers’ case — to take a minimum of six months to be resolved, and likely longer. The Trump administration, meanwhile, said last week it will likely extend the reprieve on the reciprocal tariffs that are due to expire July 9 on all countries except China, Mexico and Canada. Contact Eric Johnson at <a href="mailto:eric.johnson@spglobal.com">eric.johnson@spglobal.com</a>. </div>

A wide-ranging coalition of shipper and logistics service provider groups is urging US Customs and Border Protection (CBP) and the Department of Homeland Security (DHS) to clarify whether goods transshipped before the Trump administration imposed tariffs on most nations on April 5 will be subject to those additional costs. At issue is whether goods that departed from their origin ports prior to the April 5 deadline, but were then transshipped at another port en route to their US destination ports, are subject to the tariffs, issued under the president’s authority through the International Emergency Economic Powers Act (IEEPA). In a letter dated June 27, 94 shipper, customs broker and forwarder organizations, including the National Retail Federation, Retail Industry Leaders Association, National Industrial Transportation League and National Customs Brokers and Forwarders Association of America, said communication between CBP and the trade community has offered “differing and sometimes contradictory responses.” The groups assert that previous CBP rulings dictate that relay legs or diversions of cargo shouldn’t impact the duty levels of goods, citing, in particular, the “sale for exportation standard” that underpins transactions between buyers and sellers of goods. “Numerous CBP rulings clarify that CBP relies on documentary evidence, such as invoices, purchase orders and/or bills of lading, when confirming that the ultimate destination for goods always was the United States and there was never a contingency of diversion,” the letter said. “The sale for exportation standard is consistent with and supports the finding that relay vessels originating in the initial country of export should meet the in-transit exception and eligibility should be based on the initial country of loading and export.” The transshipment issue has been a thorn in the side of importers trying to navigate the IEEPA tariffs, as CBP’s original guidance on April 4 wasn’t clear, according to a range of trade compliance experts. Subsequent guidance issued by CBP on May 15, which included a set of frequently asked questions, included details on how transshipment would impact tariff exemptions . Seeking better communication Import groups argue that transshipment is often out of the hands of the cargo owners responsible for paying tariffs. In the letter, the groups asked for guidance around the IEEPA tariffs to be conveyed via a consistent channel to avoid confusion among the trade community. “With the proliferation of communication channels, it is vital for the trade community to have one consistent and reliable repository of information regarding updates and changes to trade practices, policies and procedures,” the letter said. The groups also asked CBP and DHS to avoid cutting agency resources to execute and enforce changing tariffs. The IEEPA tariffs are currently caught up in a legal dispute, with the US Court of International Trade (CIT) ruling in late May that President Donald Trump had overstepped his authority in using the act to justify his tariffs. But a US Court of Appeals for the Federal Circuit temporarily stayed the CIT’s order, preserving the tariffs until a hearing on the case is held. The US Supreme Court on June 20 declined to fast track a case brought by two toy importers challenging the tariffs. Trade attorneys speaking at the American Association of Exporters and Importers in Washington, DC, on Friday said they expect the dual challenges to IEEPA tariffs — the CIT challenge and the toy importers’ case — to take a minimum of six months to be resolved, and likely longer. The Trump administration, meanwhile, said last week it will likely extend the reprieve on the reciprocal tariffs that are due to expire July 9 on all countries except China, Mexico and Canada. Contact Eric Johnson at eric.johnson@spglobal.com .

Shipper groups urge CBP to clarify tariff transshipment confusion

<div class="phx-topic abstract-wrapper">The Global Cold Chain Alliance urged European leaders to recognize the importance of investment in logistics for the resilience of Europe’s food supply chain. </div>

The Global Cold Chain Alliance urged European leaders to recognize the importance of investment in logistics for the resilience of Europe’s food supply chain.

<div class="phx-topic">The European food supply chain should expect disruptions from weather, economics and geopolitics to increase in severity and frequency in the coming decades, according to roundtable talks between cold chain representatives and members of the European Parliament. The Global Cold Chain Alliance (GCCA) urged European leaders to recognize the importance of investment in logistics for the resilience of Europe’s food supply chain. That came as the two sides met in Brussels last week to address a series of growing challenges facing the temperature-controlled industry. “Recent geopolitical, economic, health and extreme weather crises have highlighted the vulnerabilities of Europe’s food supply chain, and we should expect major disruptions of this type to increase in severity and frequency over the coming decades,” Julie Hanson, director for Europe at GCCA, said in a statement following the roundtable. The European Parliament is developing a new “EU Preparedness Union Strategy,” which aims to enhance Europe’s resilience and crisis management capabilities and includes plans for a Europe-wide approach to stockpiling food. Hanson said cold storage and refrigerated transportation were central to having a resilient European food chain, but they are often overlooked by lawmakers. ”EU policy must support and incentivize investment into the facilities, vehicles, resources and skills that the cold chain needs for today and for the future,” she said. Adrian-George Axinia, a member of the European Parliament, said tackling the vulnerabilities in the cold chain exposed by recent crises “is our key priority during the current legislature.” “Current economic challenges are lessons we should carefully acknowledge so that recovery and resilience occur based on well-implemented mechanisms,” he said in the GCCA statement following the roundtable. “We have to make sure any new crisis will have an immediate and efficient response,” he added. “Research, innovation and skills development have proven over the years to be successful paths to future solid foundations for better crisis response and management.” Key challenges discussed during the roundtable included the consideration of the cold chain as “critical infrastructure,” opportunities to remove barriers to investment, and the vital role of secure and free-flowing trade within the EU and with the world outside Europe. Another challenge are the incentives necessary to accelerate innovation, from energy generation and efficiency to automation and leading-edge equipment. <h3>Enduring tailwinds in logistics </h3>The European temperature-controlled logistics industry was the subject of a research report from OC&amp;C Strategy Consultants earlier this year that identified four strategic trends shaping the business. European outsourced cold storage capacity will grow 5% to 6% annually, supported by enduring tailwinds such as changing consumer consumption patterns, an increased need for external storage and growing demand for cost-effective frozen and chilled products. The research found food in Europe was being transported further, and that more food was being frozen, was being stocked longer to mitigate the risk of scarcity, and more food was being stored with external providers. A second trend was in the mergers and acquisitions area (M&amp;A). Over the past decade, the European cold storage market has seen significant M&amp;A activity, particularly driven by international platforms pursuing buy-and-build strategies. Yet 40% of market capacity still lies with independent operators, suggesting ample headroom for further consolidation, the OC&amp;C research found. As the food supply chain consolidates and globalizes, another trend identified in the research was that cold storage operators were facing heightened expectations from customers demanding higher service levels, supply chain visibility and alignment with environmental, social and governance (ESG) standards. Automation was the fourth trend identified by OC&amp;C. Its research found the cold storage market was a leading innovator in automation, partly driven by the scarcity and cost of labor. However, automation has been mostly implemented in areas where cold storage handled high and predictable volumes of relatively standard-sized pallets and uniform assortments that required little value-added services. “Going forward, we expect that automation will go beyond such situations and also address product categories that are less standard, predictable and uniform, such as retail products,” OC&amp;C noted in its research report, adding that the reach of automation in the cold chain will “considerably increase its reach in the coming decade.” Contact Greg Knowler at <a href="mailto:greg.knowler@spglobal.com">greg.knowler@spglobal.com</a>. </div>

The European food supply chain should expect disruptions from weather, economics and geopolitics to increase in severity and frequency in the coming decades, according to roundtable talks between cold chain representatives and members of the European Parliament. The Global Cold Chain Alliance (GCCA) urged European leaders to recognize the importance of investment in logistics for the resilience of Europe’s food supply chain. That came as the two sides met in Brussels last week to address a series of growing challenges facing the temperature-controlled industry. “Recent geopolitical, economic, health and extreme weather crises have highlighted the vulnerabilities of Europe’s food supply chain, and we should expect major disruptions of this type to increase in severity and frequency over the coming decades,” Julie Hanson, director for Europe at GCCA, said in a statement following the roundtable. The European Parliament is developing a new “EU Preparedness Union Strategy,” which aims to enhance Europe’s resilience and crisis management capabilities and includes plans for a Europe-wide approach to stockpiling food. Hanson said cold storage and refrigerated transportation were central to having a resilient European food chain, but they are often overlooked by lawmakers. ”EU policy must support and incentivize investment into the facilities, vehicles, resources and skills that the cold chain needs for today and for the future,” she said. Adrian-George Axinia, a member of the European Parliament, said tackling the vulnerabilities in the cold chain exposed by recent crises “is our key priority during the current legislature.” “Current economic challenges are lessons we should carefully acknowledge so that recovery and resilience occur based on well-implemented mechanisms,” he said in the GCCA statement following the roundtable. “We have to make sure any new crisis will have an immediate and efficient response,” he added. “Research, innovation and skills development have proven over the years to be successful paths to future solid foundations for better crisis response and management.” Key challenges discussed during the roundtable included the consideration of the cold chain as “critical infrastructure,” opportunities to remove barriers to investment, and the vital role of secure and free-flowing trade within the EU and with the world outside Europe. Another challenge are the incentives necessary to accelerate innovation, from energy generation and efficiency to automation and leading-edge equipment. Enduring tailwinds in logistics The European temperature-controlled logistics industry was the subject of a research report from OC&C Strategy Consultants earlier this year that identified four strategic trends shaping the business. European outsourced cold storage capacity will grow 5% to 6% annually, supported by enduring tailwinds such as changing consumer consumption patterns, an increased need for external storage and growing demand for cost-effective frozen and chilled products. The research found food in Europe was being transported further, and that more food was being frozen, was being stocked longer to mitigate the risk of scarcity, and more food was being stored with external providers. A second trend was in the mergers and acquisitions area (M&A). Over the past decade, the European cold storage market has seen significant M&A activity, particularly driven by international platforms pursuing buy-and-build strategies. Yet 40% of market capacity still lies with independent operators, suggesting ample headroom for further consolidation, the OC&C research found. As the food supply chain consolidates and globalizes, another trend identified in the research was that cold storage operators were facing heightened expectations from customers demanding higher service levels, supply chain visibility and alignment with environmental, social and governance (ESG) standards. Automation was the fourth trend identified by OC&C. Its research found the cold storage market was a leading innovator in automation, partly driven by the scarcity and cost of labor. However, automation has been mostly implemented in areas where cold storage handled high and predictable volumes of relatively standard-sized pallets and uniform assortments that required little value-added services. “Going forward, we expect that automation will go beyond such situations and also address product categories that are less standard, predictable and uniform, such as retail products,” OC&C noted in its research report, adding that the reach of automation in the cold chain will “considerably increase its reach in the coming decade.” Contact Greg Knowler at greg.knowler@spglobal.com .

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Cold chain industry calls for greater support from European lawmakers

<div class="phx-topic abstract-wrapper">The trade group of ocean carriers is exempt from US antitrust scrutiny under an agreement it filed with the FMC five years ago, but the agency is now questioning that arrangement. </div>

The trade group of ocean carriers is exempt from US antitrust scrutiny under an agreement it filed with the FMC five years ago, but the agency is now questioning that arrangement.

<div class="phx-topic">The Federal Maritime Commission (FMC) is reviewing why the World Shipping Council should fall under US shipping law, a probe that could end the antitrust exemption for the WSC’s ocean carrier members to discuss cooperative matters. The FMC announced Thursday it was investigating the “working arrangement” between WSC’s members and whether that agreement violates US shipping law. Under US shipping law, ocean carriers or other regulated entities must file agreements to cooperate on commercial matters, exempting them from antitrust claims. WSC filed its cooperation agreement with the FMC in 2020, two decades after it was formed. The FMC ordered the WSC to show why the agency has “jurisdiction over the agreement and should not cancel the agreement as outside the agency’s jurisdiction.” The WSC agreement does not cover rates, operations, capacity or other strictly commercial matters. However, the group said it filed the agreement so members could discuss other issues such as safety, environmental and legal matters that could fall under FMC jurisdiction. But the FMC questioned that view in its Thursday order. The agency said the WSC may not be a regulated entity under the Shipping Act because it does not provide ocean transportation services. While its members are ocean carriers, within the confines of the agreement filed with the FMC, the members are not acting under their capacity as regulated carriers, the agency said. “An entity engaged only in the discussion and lobbying activities under the agreement would not qualify as an ‘ocean common carrier’ under the Shipping Act because it is performing none of the functions that define a common carrier,” the FMC said. The agency conceded that the WSC’s work on cargo screening may fall under the type of operational activities that are covered in FMC-filed agreements. But the agency said courts have previously ruled the WSC’s type of agreement “was meant as a narrow catch-all closely related to other explicitly operations-focused agreement categories” in US shipping law. While FMC agreements allow carriers and others to avoid antitrust scrutiny, “a trade association not involved in providing ocean transportation service does not appear to be engaged in the type of conduct Congress intended to immunize from scrutiny by antitrust enforcers and private plaintiffs,” the FMC’s order said. <h3>Two months to reply</h3>The FMC has given the WSC two months to reply to the order, with the agency’s final decision expected next March. WSC said in a statement to the Journal of Commerce that its 2020 agreement was filed “in accordance with its legal obligation (under US shipping law) and with the encouragement of the FMC.” “As a global trade association, the World Shipping Council takes its regulatory compliance responsibilities very seriously,” WSC said. Contact Michael Angell at <a href="mailto:michael.angell@spglobal.com">michael.angell@spglobal.com</a> </div>

The Federal Maritime Commission (FMC) is reviewing why the World Shipping Council should fall under US shipping law, a probe that could end the antitrust exemption for the WSC’s ocean carrier members to discuss cooperative matters. The FMC announced Thursday it was investigating the “working arrangement” between WSC’s members and whether that agreement violates US shipping law. Under US shipping law, ocean carriers or other regulated entities must file agreements to cooperate on commercial matters, exempting them from antitrust claims. WSC filed its cooperation agreement with the FMC in 2020, two decades after it was formed. The FMC ordered the WSC to show why the agency has “jurisdiction over the agreement and should not cancel the agreement as outside the agency’s jurisdiction.” The WSC agreement does not cover rates, operations, capacity or other strictly commercial matters. However, the group said it filed the agreement so members could discuss other issues such as safety, environmental and legal matters that could fall under FMC jurisdiction. But the FMC questioned that view in its Thursday order. The agency said the WSC may not be a regulated entity under the Shipping Act because it does not provide ocean transportation services. While its members are ocean carriers, within the confines of the agreement filed with the FMC, the members are not acting under their capacity as regulated carriers, the agency said. “An entity engaged only in the discussion and lobbying activities under the agreement would not qualify as an ‘ocean common carrier’ under the Shipping Act because it is performing none of the functions that define a common carrier,” the FMC said. The agency conceded that the WSC’s work on cargo screening may fall under the type of operational activities that are covered in FMC-filed agreements. But the agency said courts have previously ruled the WSC’s type of agreement “was meant as a narrow catch-all closely related to other explicitly operations-focused agreement categories” in US shipping law. While FMC agreements allow carriers and others to avoid antitrust scrutiny, “a trade association not involved in providing ocean transportation service does not appear to be engaged in the type of conduct Congress intended to immunize from scrutiny by antitrust enforcers and private plaintiffs,” the FMC’s order said. Two months to reply The FMC has given the WSC two months to reply to the order, with the agency’s final decision expected next March. WSC said in a statement to the Journal of Commerce that its 2020 agreement was filed “in accordance with its legal obligation (under US shipping law) and with the encouragement of the FMC.” “As a global trade association, the World Shipping Council takes its regulatory compliance responsibilities very seriously,” WSC said. Contact Michael Angell at michael.angell@spglobal.com

FMC probes legal standing of World Shipping Council agreement

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The world of LTL is slow to embrace change. Business anachronisms permeate current supply chain processes. These vestiges of the way things used to work define the LTL freight transportation procurement process of many modern shippers.David Knuth, logistics specialist at IEWC, a global supplier of cable and wire based in Wisconsin, is happy to have modernized the RFP process, automating the entire LTL bidding procedure with Bid$ense, SMC³’s automated truckload and LTL freight transportation sourcing solution. But when prompted, he can still recall what once was.In his previous job, a large part of his duties were consumed by creating an intermodal bid package for carriers. In a spreadsheet, Knuth detailed the company’s volumes lane by lane, taking care to delete any errant keystrokes or misleading data. He would then email out the information to each carrier, taking time to respond to detailed technical questions about the spreadsheet data. Finally, he had to compile all the results, create an algorithm that would compare the carriers on each lane, and award the business.“It was a huge undertaking. It took about four months to do,” Knuth said of the old process. “It was almost a full-time job for that part of the year, every year.”In his new job at IEWC, he sat down with Bid$ense on day one and was amazed at the capabilities. Knuth had never before used a bid tool. SMC³’s latest versions of Bid$ense automate the process even further, taking truckload and LTL RFPs entirely online. The tool draws on RFP best-practices protocols to streamline the bidding communication process, enabling bidding carriers to respond accurately and promptly to shipper requests. The solution also does all the distribution work automatically, electronically submitting shipper bid data to carriers based on their actual service capabilities and performance records. Carriers are alerted with timely prompts for RFP deliverables, so shippers aren’t waiting by the phone for responses.Another benefit of automating the process is the data-cleansing assistance. When Knuth sent spreadsheets to carriers, data errors might cloud the bidding process; he might have to resend data or simply accept a price that did not truly reflect the costs of doing business. Data cleansing is incredibly beneficial, he said.The spreadsheet technique also made bidding analysis an onerous task. Since Bid$ense automates and streamlines the entire RFP process, intensive examination is now simple. SMC³ knows that each bid has more than one best outcome. With uniform responses from each carrier, shippers can quickly rank results and create an unlimited quantity of what-if scenarios to make the optimal procurement decision.Jesse Burnett of Central Garden &amp; Pet experiences many of the same benefits. Founded in 1980, Central Garden &amp; Pet has spent the last three decades growing from a small garden supply company to a provider of a range of products from dog chews and bird seed to soil supplements and natural insecticides. For much of its life, the company shipped these disparate goods via LTL and truckload carriers to retailers throughout the country, relying on each business unit to negotiate directly with their freight transportation providers. This arrangement worked fairly well for a small company, but as Central Garden &amp; Pet expanded, leadership decided to consolidate decision making.Burnett helped centralize the transportation decision making in 2015 with SMC³’s Bid$ense. Before Bid$ense, every business unit operated independently as far as negotiating with carriers.“There were a lot of different things just floating around,” he said. “We didn’t have master agreements in place; no national pricing at all. The pricing from carriers was just all over the place, depending on where you were.”The transformations he saw with Bid$ense were immediate. Burnett has been using the tool about every other year since its implementation at the company. Central Garden and Pet’s $19.6 million 2019 LTL bid saved the company just more than 9 percent when compared to its historical average. For Burnett, though, bid automation extends far beyond savings.“We knew that we weren’t getting the best pricing offer from our carriers just because nothing was centralized,” he continued. “We knew that if we combined everything from all these business units and paired it with one corporate offering, then it would drive some cost benefit with it.”When the company initially decided to centralize bid procurement, executives researched a number of different methodologies and technologies. In the end, though, Burnett found that Bid$ense was both widespread and well known, and that his carrier partners already knew how to use the application. Burnett also highlighted the data-cleansing process as a major benefit, saying the rigorous process ensures that carriers always return the best price.“It definitely has helped drive savings,” he said. “Any time you go out there and you drive that competitiveness with the carriers and they know they’re in a bid environment, it seems to sharpen their pencils.”Transportation procurement is an integral part of the modern supply chain. With Bid$ense, shippers can develop a strategic implementation plan that saves them time and money, but also helps them create strong relationships with their carrier partners. These carriers appreciate the solution’s data-cleansing process; when carriers receive a complete shipment history and future volume forecast, they don’t have to guess on pricing. Carriers that receive more data from shippers get a complete picture of that shipper’s freight, allowing them to accurately plan instead of simply preparing for the worst-case scenario. Clean data presented through an automated system can lead to both bigger shipment savings and a lasting partnership between carrier and customer.Whether customers are looking to streamline over-the-road transportation bidding by automating the RFP process or create an entirely new, centralized sourcing process, Bid$ense has the analytical horsepower to get the job done.SMC³ 2020 Customer Case Study

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Shippers save money, time with automated transportation bidding tools

If there’s one immutable truth in the world of logistics, it’s this: LTL is an inherently complex form of transportation. Tariffs, rates, DIM weights, transit times — it’s enough to confuse even seasoned logistics professionals. The solution to this knowledge gap has historically been on-the-job training or university supply chain education, but for a variety of reasons there is now a pressing need for third-party, remote LTL training that prepares logistics workers for transportation success. Global Scope Can Overlook Local Intricacies In the past, professionals looking to move into a supply chain career learned about the basics of supply chain from universities. However, many of these college supply chain programs are now global in scope, focusing on worldwide supply chain management instead of the intricacies of specialized domestic transportation. And even these programs, which used to be widespread, are becoming less common. LTL is not an industry of broad-brush strokes; supply chain professionals really need a pointillistic understanding of the logistics of LTL in order to excel in the industry. Accelerating Need for Dedicated LTL Education This lack of specified training put the onus on employers to prepare new hires with the LTL knowledge needed to do their jobs. Dedicated LTL study is a necessity, not a luxury. At the same time, changes in LTL and the broader supply chain world are accelerating. The reliance on e-commerce has ballooned since the start of the pandemic, and last-mile LTL shipments and related e-commerce strains on the supply chain won’t diminish once social distancing abates. That genie isn’t going back into the bottle. So supply chain employers need logistics workers that are fully versed in all aspects of the industry, ready to solve unique shipping and delivery problems based on their extensive supply chain knowledge But why care about LTL? It’s been reported that some shippers in today’s world are no longer concerned with what mode is used to ship their goods. A Multimodal Approach Ensures On-Time Delivery This mode agnosticism means supply chain stakeholders have to be well versed in all modes of transportation. As unforeseen weather events and other disruptions, such as protests, become more common, savvy logistics employees will need to be armed with familiarity of all modes, not just the most popular, to ensure that freight is delivered on time, without damage, and in the most financially expedient way possible. Offerings like SMC³’s LTL online education courses cover a wide range of topics from LTL basics and operations to more advanced concepts like pricing analytics and transportation law. The company also has plans to continually refresh content, adding new expert presenters and taking the feedback of students to make the courses even better as time goes on. Learn more about&nbsp;<a href="https://logisticstrainingcenter.com/smc3-courses/" rel="noreferrer" class="joc_admin__link">SMC³’s LTL Online Education program</a>&nbsp;and view the 2021 hybrid schedule, featuring live industry experts,&nbsp;<a href="https://www.smc3.com/onlinelearning2021/" rel="noreferrer" class="joc_admin__link">here.</a>

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Filling the Supply Chain Education Gap with LTL Education Courses

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