April 01, 2324 6:31 pm

Regulatory Reactions

Navigating the Baltimore Fallout, Increased Imports Through Mexico, Tariff Mitigation, and Duty Evasion. Your weekly All-Ways round-up of Supply Chain news.
Stabilizing And Salvaging
Resolve Marine, a salvage firm renowned for its work in high-profile incidents such as the Deepwater Horizon oil spill and the Tappan Zee Bridge demolition, is now tasked with salvaging the ship that caused the collapse of Baltimore's Francis Scott Key Bridge.

With experience in such operations, Resolve Marine is collaborating with the Coast Guard and Army Corps of Engineers to stabilize the ship, which contains hazardous materials, in order to refloat and remove it from the are

Transportation Secretary Pete Buttigieg emphasized the complexity and cost of the reconstruction project, comparing it to the rebuilding of a collapsed Minnesota bridge, but noting that the Key Bridge project would likely be more intricate and expensive.

The estimated cost of replacing the bridge exceeds $2 billion, including cleanup efforts.

Beyond Baltimore
Following the closure of the Port of Baltimore due to the tragic Francis Scott Key Bridge collision of the Maersk-chartered Dali vessel, ocean carriers are diverting ships to other Northeast US ports.

Shippers are scrambling to find alternative options, with temporary rerouting being the immediate choice. Ports like Philadelphia, New Jersey's Port Newark, and Virginia's Norfolk International Terminal are preparing to receive diverted ships. Carriers such as CMA CGM and Evergreen Marine are declaring force majeure, leaving the destination of their goods uncertain.

Baltimore's Seagirt Terminal is collaborating with rail providers like CSX and Norfolk Southern to facilitate the movement of diverted cargo, including rare north-south intermodal trips between these ports to handle containers that would have gone through Baltimore.

Trucking and ocean freight costs are expected to rise due to delays and increased demand for trucking and transloading services. CMA CGM has announced that laden exports can remain at the port until it reopens, but repositioning costs will be at the shipper's expense. Ports America is working on plans to address export containers through rail services once import plans are finalized.

While vessel traffic remains suspended as recovery efforts continue for missing workers, the Maryland Port Administration hasn't provided a reopening timeline.

To America, From China (By Way Of Mexico)
Import bookings from China to Mexico have increased dramatically – now double what they were during the same period in 2019. Import bookings to the U.S. have increased by approximately 40%.

This surge in imports into Mexico suggests a significant shift in the freight market dynamics, further indicated by the Inbound Ocean TEUs Indices (IOTI), which serve as a leading indicator of container demand and surface transportation.

Possible explanations for this surge include the theory that China and its partners might be using Mexico as a route to bypass tariffs on goods destined for the U.S. Alternatively, China's increased investment in Mexico's manufacturing sector might be leading to more raw materials being sent to Mexico, anticipating easier trade with the U.S. If true, these theories suggest a continued evolution of the North American supply chain towards more freight entering through the Southern border.

While it's challenging to determine if these imports have affected U.S. market share, especially given the ongoing shipping disruptions from the pandemic, data shows significant increases in import bookings at ports like Los Angeles and Long Beach. This trend has somewhat paralleled the increase in IOTI from China to Mexico.

Markets near the Southern border, such as Laredo, Texas, and Tucson, Arizona, have experienced rapid growth in tender volumes, indicating the growing importance of these regions in domestic transportation.

Ultimately, whether through nearshoring, tariff strategies, or other means, the Southern border is becoming increasingly crucial for domestic transportation, suggesting a shift in trade dynamics that could have significant implications for the U.S. freight market.

Tariff Mitigation Strategies
The Biden administration is unlikely to remove Section 301 tariffs on imports from China, and there's a possibility of those tariffs being increased if former president Donald Trump is re-elected. However, importers, exporters, and manufacturers have several strategies to mitigate the impact of these tariffs.

Exclusions: Despite uncertainties regarding extension processes, lobbying efforts aim to reinstate exclusion processes and renew expired exclusions.

Refunds: Importers can potentially obtain refunds by joining a lawsuit contesting the imposition of Section 301 tariffs on certain goods from China.

Tariff Engineering: Importers can legally modify product conditions to exploit lower tariff rates, leveraging classification provisions to their advantage.

Operational Engineering: Shifting manufacturing operations to countries other than China can help avoid higher tariffs by altering the product's country of origin.

Valuation: Employing first sale valuation methods can result in lower dutiable values, reducing duty bills, and providing long-term savings even after Section 301 tariffs expire.

Bonded Facilities and Movements: Utilizing bonded facilities and movements allows companies to temporarily avoid tariffs by storing goods in foreign-trade zones or bonded warehouses before export.

These strategies offer ways to navigate the challenges posed by Section 301 tariffs on imports from China, providing avenues to minimize costs and maintain competitiveness in the market.

Smuggling Goods Gone Bad
A Puerto Rico business and its owner have admitted guilt to a conspiracy to smuggle goods to avoid paying significant antidumping and countervailing duties, along with other duties.

The U.S. Customs and Border Protection (CBP) revealed that the company and owner collaborated with a Chinese citizen to ship porcelain mosaic tiles from China to Malaysia, where they were falsely labeled as "Made in Malaysia" before being sent to Puerto Rico, with unpaid duties and tariffs on this shipment totaling around $1.1 million.

The Chinese citizen involved had already pleaded guilty, served a four-month prison term, and was deported from the U.S. Now, the Puerto Rico company and its president face potential penalties of up to five years in prison, a $250,000 fine, three years of supervised release, and restitution of $1,090,000.

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