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<div class="phx-topic abstract-wrapper">Proofreading a contract is a critical part of contractual relationships. You can’t expect the judicial system to overlook your errors or to correct them. </div>

Proofreading a contract is a critical part of contractual relationships. You can’t expect the judicial system to overlook your errors or to correct them.

<div>Q: We’re a freight bill auditing company. One of our clients has a contract with a carrier in which a typographical error apparently was made, and I’m looking for advice on how to interpret the contract.The carrier’s tariff has a provision stating that a shipment is to be considered a capacity load under the following circumstances: when the shipment occupies more than 23 linear feet in the trailer or when its weight is under 10,000 pounds and it occupies more than 20 linear feet. I think it’s pretty clear the carrier intended to incorporate this provision in the contract, but...

Q: We’re a freight bill auditing company. One of our clients has a contract with a carrier in which a typographical error apparently was made, and I’m looking for advice on how to interpret the contract. The carrier’s tariff has a provision stating that a shipment is to be considered a capacity load under the following circumstances: when the shipment occupies more than 23 linear feet in the trailer or when its weight is under 10,000 pounds and it occupies more than 20 linear feet. I think it’s pretty clear the carrier intended to incorporate this provision in the contract, but in the course of preparing the contract, it was done imperfectly. The contract reads the same as the tariff, except that the word “or” in the tariff was replaced in the contract with “and.” Thus, the contract defines a capacity load as one that occupies more than 23 linear feet and weighs less than 10,000 pounds and occupies more than 20 linear feet. If you read this literally, the references to the number of linear feet are redundant and senseless, so that doesn’t work out well. But I’m not sure whether it’s proper to go back to the tariff language that was evidently intended to apply. In other words, what’s the legally correct way to apply this provision of the contract? A: What a difference one little word can make! I agree with you that this almost certainly was a typographical error in transcription, but that’s an assumption no court could supportably make. The rule of law is that a contract is considered legally complete within its own borders. That is, the contract must be interpreted based solely on what it contains and not the contents of any other document, whether related or not. That means, in this context, the contract language you’ve quoted must be construed as written, which is admittedly pretty difficult given the redundancy about linear-foot limitations you mentioned. I’m not sure how a court would deal with that redundancy, but I’m reasonably sure of what it wouldn’t do, and that’s to interpret the subject contract wording the same as it would the slightly — but significantly — different language of the carrier’s tariff. The tariff clearly means to apply the capacity-load definition to two different situations: any load, irrespective of weight, that exceeds 23 linear feet; and any other load weighing under 10,000 pounds that exceeds a mere 20 linear feet. That construction is impossible to apply to the contract, which means the first of the two tariff situations I described won’t qualify as a capacity load under the contract unless it also weighs under 10,000 pounds. If it weighs 10,000 pounds or more, it won’t be properly deemed to fit the contractual definition. That’s the real-world significance of that seemingly inconsequential substitution of one grammatical conjunction for another in the contract. To be sure, such a view leaves the redundant references to a shipment’s linear footage — one to 23, and another to 20 — unresolved, which violates another cardinal rule of contractual interpretation: that every word and phrase must be given meaning. But I don’t see any way of avoiding this within the confines of the contractual language. It’s obvious that any shipment exceeding 23 linear feet also exceeds 20, rendering the latter reference meaningless. But I’m simply unable to come up with any alternative construction of what the contract says, nor, I think, could a court. The moral of this rather sad tale should be fairly clear: Proofreading the contract is a critical part of contractual relationships. You can’t expect the judicial system to overlook your errors in that regard or to correct them. The words with which you memorialize your agreements are deemed in law to mean precisely what they say, and will be so applied by the courts even if they don’t accurately reflect what you intended to agree. And a court is legally prohibited from harking back to some other document from which the terms of your agreement may have been meant to be extracted to “fix” a “typographical error” in transcribing the language. It should be pretty clear why this rule is a necessary part of the law, considering what one party considers to be a “typo” may to the other be an accurate representation of the parties’ agreement. No court is prepared to find itself placed in the middle of this kind of dispute, which in any case is not the role of the courts. Consultant, author and educator Colin Barrett is president of Barrett Transportation Consultants. Send your questions to him at 5201 Whippoorwill Lane, Johns Island, S.C. 29455; phone, 843-559-1277; e-mail, BarrettTrn@aol.com . Contact him to order the most recent 351-page compiled edition of past Q&A columns, published in 2010.

How one typo can alter a contract's meaning

<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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