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<div class="phx-topic abstract-wrapper">US rail regulators are warning railroads that the industry could end up re-regulated if it doesn’t move to stem inland rail congestion and skyrocketing rates.</div>

US rail regulators are warning railroads that the industry could end up re-regulated if it doesn’t move to stem inland rail congestion and skyrocketing rates.

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<div>The recent shipper backlash against inland rail congestion in the United States has been so sharp that the top US rail regulator has acknowledged that re-regulating the intermodal sector isn’t off the table. The July 22 <a>admonishment of the seven North American Class I railroads</a> from US Surface Transportation Board (STB) Chairman Martin Oberman, however, will do little for importers struggling to get containers out of intermodal terminals, some of whom face <a>storage charges upwards of $10,000</a> for a single container. In responding to the STB's inquiry into their demurrage billing policies, Class I railroads told regulators <a>shippers have only...

The recent shipper backlash against inland rail congestion in the United States has been so sharp that the top US rail regulator has acknowledged that re-regulating the intermodal sector isn’t off the table. The July 22 admonishment of the seven North American Class I railroads from US Surface Transportation Board (STB) Chairman Martin Oberman, however, will do little for importers struggling to get containers out of intermodal terminals, some of whom face storage charges upwards of $10,000 for a single container. In responding to the STB's inquiry into their demurrage billing policies, Class I railroads told regulators shippers have only themselves to blame for those storage fees because they have not been picking containers up quickly enough during a 13-month deluge of US imports from Asia. The finger pointing from the railroads comes as their rail ramps in the Chicago area are storing roughly three times the amount of ocean containers as they were at this time last year. Although the STB’s increased monitoring of railroads may discourage bad practices, the intensity of the import volumes hitting the West Coast, as reflected by the western railroads metering and even temporarily suspending service to the busy Midwest hub of Chicago, isn’t letting up. CSX Transportation and Union Pacific Railroad (UP), which operate intermodal service between the Chicago area and the largest cargo gateways on the East and West coasts, respectively, told investors in late July that they expect intermodal congestion to persist until at least 2022. And in a rare move, J.B. Hunt during an earnings call stressed the need for shippers to turn containers and trailers more quickly in order to free up capacity ahead of the peak season, acknowledging its customers had been too slow in returning equipment in the second quarter. The intermodal logistics provider’s two primary rail partners — BNSF Railway and Norfolk Southern Railway (NS) — must also improve fluidity and velocity to navigate the peak season, said Darren Field, president of intermodal at J.B. Hunt. “Demand continues to significantly outpace our available capacity, which remains constrained by rail performance and restrictions in addition to customer detention of our trailing equipment,” Field said. “All of the railroads are very focused on these challenges, and they are out addressing them.” The problem is most severe on the West Coast. The number of 53-foot containers moving from the Southwest to Midwest — covering the ports of Los Angeles and Long Beach to Chicago — increased 12 percent year over year in the second quarter and jumped 19 percent compared with the same quarter of 2019, according to the Intermodal Association of North America (IANA). After completely suspending international intermodal train service between all West Coast ports and its primary ocean container terminals outside of Chicago for seven days in late July, UP increased rates across hundreds of lanes in the western US and Mexico. Those price hikes included another increase in surcharges out of California that will raise rates for low-volume shippers to match the record amount set only a year ago. Both the metering of volume to Chicago and the rate increases are aimed at allowing inland terminals, particularly UP’s Global IV facility in Joliet, Illinois, to vacate the growing stack of import containers that have built up over the past several months. “We will continue to look for ocean carrier support and engagement with shippers to outgate both carrier haulage and merchant haulage shipments to maintain fluidity,” the railroad said in a statement to JOC.com. “Union Pacific will continue to monitor and adjust eastbound volumes to Global IV based off the pace of outgates and available chassis supply.” And UP is by no means the only Class I reducing traffic headed to inland ramps as a means of mitigating congestion. BNSF, CSX, and NS have all been forced to meter the number of trains and intermodal containers sent inland from ports inundated by record volumes of Asian-made goods. Those measures are also pushing more freight to the truckload market, particularly in Southern California, driving up spot truckload rates despite analyst predictions of a seasonal slowdown in price hikes between July 4 and Labor Day. July was the fifth consecutive month in which dry-van spot rates from Los Angeles and Ontario, California, to Chicago grew faster than the national average rate, according to a JOC analysis of data from DAT Freight & Analytics, LaneMaster, digital broker Loadsmart, and other third-party logistics providers. “Because of the inland intermodal congestion and port congestion, we are going to see a lot more spot market demand around the ports in particular,” Dean Croke, principal analyst for DAT, told JOC.com in an August interview. “That is where you are going to see very tight capacity and upward rate inflection for the rest of this year.” Additional oversight? The congestion issues and resulting spike in demurrage fees charged to shippers unable to retrieve containers from rail terminals due to a shortage of chassis has become so severe that the STB is getting involved despite a lack of formal authority. In a July 22 letter, Oberman asked each of the Class I railroads to explain when and how they charge shippers for demurrage, as well as to provide monthly reports on the number of containers stored at their facilities since July 2020. In recent years, railroads have reduced how much so-called free time containers can stay at the terminal before storage fees kick in, arguing such moves are needed to increase cargo flow for all users. But without enough chassis on which to mount containers, Chicago-area rail terminals have been placing boxes in grounded stacks, some of which are inaccessible to shippers. BNSF allows truckers to use their own chassis to pick up containers — also referred to as “cherry picking” — but UP does not, a policy that prevents importers from picking up cargo before their free time runs out, exposing them to demurrage charges. “Complaints of demurrage have come from shippers, both large and small, in addition to third-party logistics providers,” Oberman wrote. “I am particularly troubled about reports that Class I railroads are continuing to impose these charges even in circumstances when the receivers, as a practical matter, have no means to facilitate the release of their containers from the railroads. Under these circumstances, demurrage fails to provide any constructive incentives, and perversely results in massive charges that can exceed the commercial value of the shipment.” Intermodal rail in the US falls into a regulatory grey area. The US Federal Maritime Commission regulates ocean shipping, but its oversight essentially ends once containers leave the US port of entry, and an exemption keeps the STB at arm’s length from regulating containers and trailers on rail. But shippers have increasingly encouraged the STB to get more involved in regulating intermodal rail transport, as reflected by a group of Memphis importers, exporters, and truckers lobbying the agency in April. “It is important to underscore that, at this time, the board has not initiated any actions with respect to the existing intermodal exemption,” Oberman wrote in his letter. Instead, the STB asked the railroads to detail their daily fee schedule and the number of “free days” they provide before charging demurrage. The regulator also wants the railroads to explain any changes in demurrage and free time policies since January, any caps on fees and when they’ll expire, whether truckers can use their own chassis, and how railroads are addressing storage fees when factors outside a shipper or consignees’ control, such as severe weather or congestion, prevent them from picking up a container. The railroads were also asked to provide monthly reports of stored container volumes since July 2020. In their responses, the railroads argued that they’re doing the best they can to handle the unrelenting volumes, which have resulted in a massive increase in the number of boxes stored at their inland terminals. Among the Class Is, BNSF has the largest backlog; the 7,816 containers stored at its Logistics Park Chicago facility in July represented a 357 percent increase from a year earlier. Combined, BNSF, CSX, and NS had 14,061 ocean containers stored in the Chicago metropolitan area during July, a 231 percent increase from a year earlier, while volumes of stored containers were up 208 percent at UP's Global IV Chicago yard. Canadian Pacific Railway (CP) said storage at its two Chicago-area ramps was up 308 percent from July 2020 to June 2021. The railroads were strident in their defense of their demurrage policies, arguing the charges are the "principal tool" for preventing containers from idling too long at their facilities and creating bottlenecks. “BNSF strives to ensure that our storage rules are reasonable and designed to incent the behavior needed to support rail terminal fluidity,” the railroad said. “Our strong preference would be to receive no storage revenue at all because our customers are efficiently removing units from our facilities.” CSX noted that the railroads sit in the middle of the supply chain — between the ocean carriers and shippers — giving them little recourse to prompt either side to be more efficient with containers. “Short of limiting upstream port and vessel flows to inland markets, storage charges are the railroads’ principal tool for ensuring that shippers and receivers clear containers from our intermodal rail terminals,” CSX said in its response letter. BNSF added that shippers need to consider equipment and capacity limitations when they are importing goods in the first place. “It is important to note that while freight congestion caused by container dwell and longer-than-normal street turn times are ‘back end’ challenges that may be difficult for a shipper/receiver to manage, these are driven by ‘front end’ decisions including continued ordering of freight shipments without the resources to move the container beyond the rail terminal,” BNSF said in its response. No relief on the horizon In a sign of how severe the intermodal congestion in the Midwest has become, some railroads have begun offering financial incentives to customers in an effort to speed the removal of containers from their terminals, while others are diverting containers to alternative inland depots to limit the number of containers entering the terminal in the first place. A day after the STB letter, CN announced it would waive up to $1,050 per container in storage charges for shippers that arranged to have their import boxes picked up from its Chicago and Memphis terminals during one of three “off-peak” traffic periods in late July and August. Effective Sept. 1, NS will roll out a $200-per-container incentive for importers whose drayage partners are able to perform a “dual move” — i.e., drop off and retrieve a container in a single trip — on at least half of the truck visits they make to NS’ Landers yard in Chicago and its Voltz terminal in Kansas City over the following three months. BNSF last week reinstated international intermodal service at its Harvard intermodal facility in Marion, Arkansas, which previously served other carload traffic. The Havard yard will receive ocean containers originating from the Port of Long Beach's Total Terminals that previously went to BNSF's Memphis, Tennessee, facility 11 miles away. In a similar move, NS said it will reopen an intermodal facility in Greencastle, Pennsylvania, that will handle domestic containers originating from or terminating at its Memphis ramp starting Sept. 10 to “help ease supply-chain congestion that has slowed the flow of commerce across all modes of the US transportation sector.” Traffic to and from Memphis had previously been handled at the Rutherford, Pennsylvania, facility of NS, which is 70 miles to the southwest of Greencastle. That the STB is dipping its toes into such murky regulatory waters is a significant departure from previous boards, but with US imports from Asia expected to continue their torrid pace through the traditional peak ocean shipping season, shippers should expect congestion at inland rail hubs and intermodal service delays to persist through the end of the year. Total US imports from Asia have skyrocketed 32.4 percent year over year in the first seven months of 2021 and 21.7 percent from the same period in pre-pandemic 2019, according to PIERS, a sister product of JOC.com within IHS Markit. And according to the National Retail Federation’s Global Port Tracker report, imports will continue to grow on a year-over-year basis through at least September, with total volumes for calendar year 2021 expected to eclipse 2020 by 16.7 percent. “We’ve taken numerous actions to mitigate the customer impact and are actively working with all parties in the supply chain. Even so, it’s likely these issues will persist through the end of the year,” UP CEO Lance Fritz told analysts during the company’s July 21 call. Intermodal service deteriorated in the second quarter as total volume into the Midwest rose 20 percent year over year and 7.4 percent compared with Q2 2019 for all container sizes, according to IANA data. International containers drove the growth into the Midwest, surging 31 percent compared with a year ago, and 15 percent compared with the second quarter of 2019. Fritz said the international volume overwhelmed chassis supply in the greater Chicago area, preventing importers from retrieving, unloading, and returning ocean containers. “The pause we have taken at Global IV is all about allowing those shippers to ultimately be able to clean off that inventory, so that we can restart with a more fluid operation,” he said. Although CSX has not suspended any train services, the railroad has been forced to meter ocean container traffic between the Port of New York and New Jersey and the Chicago, Cleveland, and Indianapolis markets. “I have never seen any kind of a thing like this in the transportation environment in my entire career where everything seems to be going sideways at the same time,” CSX CEO Jim Foote said in a July 22 call with Wall Street analysts. “Despite all that, we have been able to keep our terminals open in Chicago, and I hope we can continue to do that.” Contact Ari Ashe at ari.ashe@ihsmarkit.com and follow him on Twitter: @arijashe .

US intermodal congestion derailing peak season imports

<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 .

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 .

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 .

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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