2020 Chinese New Year is upon us!

On January 25th, factories, shippers, and everyone else in China will shut down for a two-week celebration of their New Year and remaining shut until February 8, 2020. This year marks the restart of the Chinese zodiac with the first animal, the Rat. With such a broad shut down of services, there is typically a bump in imports from China so the inventory on had can last the duration, however this year, that bump has been minimal as trade tensions caused front-loading earlier in 2019 that’s kept stock on shelves.

The Rat is the first animal in the Chinese Zodiac, as the legend tells. The Jade Emperor planned a party and invited a rat, ox, tiger, rabbit, dragon, snake, horse, goat, monkey, rooster, dog, and pig to attend. The order in which they arrived is their order in the zodiac, with the rat being first because it hitched a ride on the ox but jumped down, arriving first.

People born in the Year of the Rat are industrious, clever, stubborn, adaptable organized and excellent team players. They make good engineers and architects as natural builders and able workers in a large group.

The Year of the Rat doesn’t typically bring much luck to those born in the year of the rat, but 2020 is predicted to be more auspicious for careers and rewards, though health and love may be a struggle. Lucky things for those born in the Year of the Rat are:

  • Colors: blue, gold, and green
  • Numbers: 2 and 3
  • Time of day: midnight
  • Flowers: Lily and African Violet
  • Directions: Northeast and Southeast

We at Edward J. Zarach & Associates will keep an auspicious eye on the import situation before and after Chinese New Year to report back on whether the bump in imports came late this year or not at all.

CTPAT minimum security criteria updates January 1, 2020

In the aftermath of the terror attacks of 09/11 the logistics industry came together to create CTPAT the Customs Trade Partnership Against Terrorism, to take preliminary steps to secure supply chains and work as a whole to combat terrorism. The process has been a remarkable success, featuring more than 10,000 members across all sectors of the logistics industry working together.

After two decades of partnership, the program was starting to show its age and in need of an update to encompass new technologies and address new threats that have materialized since the inception. The new minimum security criteria will go into effect on January 1, 2020 and members are encouraged to begin striving for compliance as the updates are available to read now and compliance should attained as soon as possible. Even though many members aren’t due for a validation in 2020, it’s important to be vigilant with the updates to keep the supply chain secure.

Part of CTPAT’s remarkable success is the culture of security it fosters among members. We are each a link in the chain protecting against terrorism and should be encouraged to discuss this compliance with other members in your chain to confirm they’ve updated their minimum security criteria and actively remain engaged in this program.

New criteria will cover the following areas:

  • Management commitment to a culture of security throughout the organization
  • Cyber security and protection for social engineering threats regarding the trade data they store or exchanges throughout the supply chain
  • Agricultural security against contamination and pests
  • Prevention of money laundering and terrorism financing in trade areas

Feel free to reach out if you have any questions about CTPAT membership.

Phase one agreement between the US and China, confirmed.

USTR clarifies Section 301 duties

Just recorded this morning in the Federal Register, the United State and China have come to a “phase one” agreement. After months of escalating tariffs and false starts, both sides have come to an agreement on a preliminary solution that will prevent the full implementation of the List 4B Section 301 duties and reduce the List 4A duties to 7.5% from the initial 15% levels set to happen on December 15, 2019.

“The Penalty Tariffs set for December 15th will not be charged because of the fact that we made the deal. We will begin negotiations on the Phase Two Deal immediately, rather than waiting until after the 2020 Election,” explained President Trump.

Reforms to China’s policies regarding intellectual property and currency manipulations are included as key points of the agreements as agricultural buys have been a paramount issue across months of negotiations. The intellectual property theft that occurs between the two nations has been on of the top instances of trade tensions alongside the lack of agriculture buys that crippled American farmers earlier this year.

“The phase one agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years,” said the United States Trade Representative, Robert Lighthizer. “Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.”

Trade agreement hinges on Chinese agriculture purchases

USTR clarifies Section 301 duties

Agriculture purchases are at the current heart of tensions between the US and China. The United States agreed to a preliminary “phase one” negotiation expecting China to increase purchases of US crops to the tune of $50 billion but the purchases haven’t manifested entirely. The negotiators in China want a rollback of the US tariffs to happen before increasing the agriculture imports. President Donald Trump has advised there will not be a rollback of tariffs but a significant increase in them if China doesn’t move forward.

China has made some consolations regarding the negotiations; recently unbanning US poultry imports and sourcing purchases from approved US plants. The proteins exported are crucial to China as one third of their hog farms were wiped out earlier this year when African swine fever swept the country. The Chinese diet depends heavily on proteins and almost immediately their imports of poultry and beef began climbing rapidly. China has also purchased some US soybeans, a big issue in the negotiations. Unfortunately, due to the trade stagnation, the importers of the soybeans are waiting up to 28 days to recover their freight after paying 30% up front for the expected duties.

As December 15th looms ever closer, all eyes are fixed on the trade negotiations between the US and China. A year of back and forth talks, tariff increases, postponements, and stalemates has lingered on as predictions fall apart, information changes by the day and the solutions seems just out of reach. When an agreement to prepare a “phase one” deal was announced, both sides were expected to come to the table in Chile at the APEC Conference, later cancelled due to civil unrest in the host nation. Since the cancellation no updated location has been selected and as the two sides continue to come to just the first part of the agreement.

Recently, the US Treasury Secretary intimated that the US may be willing to accept a $40-50 billion agriculture purchase over two years if it would expedite the agreement. We at Edward J. Zarach & Associates understand this is a paramount topic for the New Year and we’ll keep updating the situation as more information becomes available.

Upcoming low sulfur fuel rules tricky for carriers.

The increasing spread in cost between low- and high-sulfur fuels is an impetus towards container lines doubling down on scrubber installations for the vessels in their respective fleets. Ten percent of the total container ship fleet is on track to have scrubbers installed by 2020, double the estimate at the beginning of this year.

The cost spread in fuel prices is such that Maersk has accelerated plans of scrubber installation purchases to third-most orders of any line to date. Of the top ten lines, only Ocean Network Express (ONE) remains with no scrubber orders confirmed, citing further studies of the feasibility of scrubbers on some of their larger ships. In the meantime, ONE will continue to rely on low-sulfur fuel to meet IMO 2020 regulations in the short term. It is thought that the increased installation of scrubbers will spur lines to reach for further market share with the continued use of high-sulfur fuel seen as a competitive advantage.

While at the moment scrubber installations appear to present a good business case for mitigating rising fuel costs, the risk remains that the advantage provided could be short lived, as the production of high-sulfur fuel has downshifted in production from 3.5 million barrels per day to just 1 million barrels per day. Coupled with the potential of smaller bunkering hubs phasing out their high-sulfur supply reducing the number of ports where scrubber-outfitted vessels can operate, the risk of investment in scrubber installations becomes more significant.

Along with fuel supply limitations, scrubber regulatory backlash looms over carrier lines with several ports already banning the use of open-loop scrubbers. A representative of a scrubber manufacturer stated that two pending studies will help to relieve concerns regarding open-loop technology and result in a repeal of open-loop scrubber bans in the near future.

Edward J. Zarach & Associates proudly announces Richard Kenyon joined our team in New York.

“Richard will work out of our New York office and will be responsible for overseeing our current offices as well as our future growth plans for Miami and Atlanta. Richard joins us after a successful career with ECU Lines and brings a broad level of experience in the logistics business to our company.”

Allan Zarach, Executive Vice President

Richard joined the freight forwarding industry in 1989, entering a two-year apprenticeship program with Samson Transport (DSV). He began handling European trailer services and progressed to air export and sales positions in both London and Manchester. 

He was transferred to DSV Los Angeles in 1994 to handle air export but quickly progressed to a sales executive position. He then joined SBS Worldwide as Vice President of Media. During this time, he built SBS into one of the media’s most recognized logistics companies.

After his tenure with DSV, Richard moved to Scan Shipping as General Manager. He spent three years growing the office when ECU Line brought him on as their Regional Manager for the ea coast st. Richard then spent the next two years at ECU Line.

Richard is a firm believer that people are the product. Investing time, support and promoting growth in employees is ultimately what leads to positive experiences. He believes in being customer-centric in terms of anticipating, determining, and delivering customer solutions.

Trade & Tariffs – an update

USTR clarifies Section 301 duties

The last two weeks have been wild with speculation, information and updates regarding the U.S. positions on trade with a number of our partners. The duty increase on the first three lists of Section 301 duties on Chinese goods that was to happen on October 15th (itself a date that was originally postponed for two weeks as a gesture of good will towards China’s 70th anniversary happening October 1st, 2019) was delayed indefinitely as both parties found some common ground in negotiations that we hope will lead to a strong trade agreement. The US and Japan reached a preliminary agreement on a new trade deal that should see 90% of US imports to Japan become duty free or receive preferential trade status. Late last week, Mexico offered to provide almost a billion dollars to improve labor conditions over three years, in an effort to seal up the USMCA agreement that’s stalled over human rights issues.

While the world waited for the increase in Chinese tariffs set for October 15, 2019 we were thrilled to hear that the negotiations between the US and China, often halted over difficulties reaching agreement, had improved to the point a 5% increase in the first three lists was postponed indefinitely. The tariffs haven’t been cancelled or eliminated, neither have they been repealed by the talks. If negotiations break down, it’s still very possible the increase will happen. The final half of the list 4 tariffs, most of which are consumer goods, was originally delayed until December 15th to unburden the holiday shopping season. Those tariffs have not yet been postponed or cancelled, instead they’re still pending as a reminder to the Chinese negotiators that the US is operating in good faith for a solid resolution for both parties. We will continue to update this as more information becomes available.

The US and Japan agreement is still in the early stages, but looks very promising as Japan will begin buying up large amounts of US agriculture products, including beef and pork, at little to no tariffs. These industries have been hard hit by the trade tensions between the US and China, so it’s a welcome relief that other outlets are being found for farmers. Digital trade also features heavily in this agreement and the notice/fact sheet states this agreement will meet the gold standard on digital trade rules set by the USMCA.

Speaking of the USMCA, on October 17th, Mexican President Andres Manuel Lopez Obrador pledged $830 million more over the course of three years to improve labor conditions and build strong worker’s unions to protect laborers working in Mexico. The pay gap between our countries has been a sticking point for years as US companies exploit Mexican workers at a lower price and with a lower standard of employment to improve their profit margins. Democrats in Congress are far more supportive of this agreement now that there are worker provisions and promises attached to the USMCA. The $830 million is in addition to $69 million that was pledged for 2020, bringing the total investment into labor to roughly $900 million over three years.

As more information becomes available, you can count on us to keep you updated. If you want to know which new or pending tariffs impact your cargo, feel free to call your Edward J. Zarach & Associates’ representative to discuss.

Incoterms® 2020

Announced this month and effective January 1, 2020, the 9th iteration of Incoterms ® is finally available from the International Chamber of Commerce (ICC). Updated from Incoterms ® 2010, Incoterms ® 2020 has been modernized address issues that weren’t prevalent a decade ago. Incoterms ® are the internationally standardized trade terms used to cover the primary obligations of buyers and sellers, insurance, and the division of costs. Contracts signed before September 2019 will be able to use the Incoterms ® 2010 even if the contract extends into 2020 unless otherwise specified in the contract; contracts signed between September 2019 and January 2020 should take care to specify which iteration will apply; after January 1, 2020 all parties should expect that any reference to Incoterms ® and the governing Incoterms ® of the contract will be Incoterms ® 2020.

One interesting modernization for Incoterms ® 2020 is the introduction of a mobile application that will include information, updates, training opportunities and event information. The new publication can be purchased from the ICC for both print and digital formats.

According to the ICC, significant changes include:

  • Incoterms® 2020 provides for demonstrated market need in relation to bills of lading (BL) with an on-board notation and the Free Carrier (FCA) Incoterms® rule.
  • Incoterms® 2020 aligns different levels of insurance coverage in Cost Insurance and Freight (CIF) and Carriage and Insurance Paid To (CIP).
  • Incoterms® 2020 includes arrangements for carriage with own means of transport in FCA, Delivered at Place (DAP), Delivered at Place Unloaded (DPU), and Delivered Duty Paid (DDP).
  • There is a change in the three-letter name for Delivered at Terminal (DAT) to DPU.
  • Incoterms® 2020 includes security-related requirements within carriage obligations and costs.

For further information we encourage you to reach out to your Edward J. Zarach representative to discuss how the changes may impact your freight. Also, if you’re looking for a great breakdown on the differences and updates to Incoterms ® 2020, Hellenistic Shipping News has a great chart for handy reference!

Customs fees increase on October 1st.

On October 1, 2019 US Customs and Border Protection will increase Customs user fees and fee caps as established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) for the fiscal year of 2020. Crucial changes include the MPF minimum rising to $26.79 from $26.22; the MPF maximum increased to $519.76 from $508.70; and the dutiable rate will be $5.89, up from $5.77. The increased fees will be effective from October 1, 2019 in accordance with the FAST Act, a 2015 law that requires CBP to make inflation adjustments to fees.

Other fees set to increase and their annual cap:

  • Commercial Truck Arrival: $5.85 / $107.17 annual cap (FY2019 $5.75 / $104.89)
  • Rail Car Arrival: $8.84 / $107.17 annual cap (FY2019 $8.65 / $104.89)
  • Commercial Vessel Arrival: $468.32 / $6381.77 annual cap (FY2019 $458.35 / $6245.97)
  • Barge and Other Bulk Carrier Arrival: $117.88 / $1,607.50 annual cap (FY2019 $115.37 / $1573.29)
  • Private Vessel or Aircraft First Arrival/Calendar Year Prepayment: $29.47 (FY2019 $28.84)
  • Commercial Vessel or Aircraft Passenger Arrival: $5.89 (FY2019 $5.77), or $2.07 from a U.S. Territory
  • Customs Broker Permit: $147.89 (FY2019 $144.74)
  • Express Consignment Carrier/Centralized Hub Facility, per Individual Waybill/Bill of Lading: $0.38 minimum, $1.07 maximum (FY2019 $0.37 / $1.05)
  • Surcharge for Manual Entry or Release: $3.21 (FY2019 $3.15)
  • Informal Entry or Release Not Prepared by CBP Personnel: $2.14 automated, $6.43 manual (FY2019 $2.10 / $6.29)
  • Informal Entry or Release Prepared by CBP Personnel: $9.64 (FY2019 $9.44)

The updated information about the COBRA fees was announced in the Federal Register on August 2.2019. If you have any questions or need guidance on your customs clearance, please reach out to your Edward J. Zarach & Associates representative.

Triennial CITES meeting updates

Geneva, Switzerland is currently hosting the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which occurs every three years to determine what resolutions to expand, adapt, and strengthen from myriad government submissions. CITES is based on a 1975 treaty that works to encourage international trade while protecting species from extinction.  The discussions set to take place encompass everything from the ivory trade, rhino horn trade and even timber concerns about rosewood used for musical instruments.

Over 34% of the new proposals are in direct response to amphibians and reptiles that have become endangered or threatened because of the exotic pet trade. Some species have seen up to an 80% loss of population due to smuggling. While the proposal to list the Union Island gecko on Appendix I was passed unanimously, other amendments weren’t so well received.

A proposal to list the extinct woolly mammoth on Appendix II was withdrawn before a vote when it became clear that it wouldn’t pass. The idea to list woolly mammoths comes from an attempt to further protect elephants from the ivory trade. Mammoth ivory is virtually indistinguishable from elephant ivory and as climate change begins melting the permafrost, more ivory mammoth tusks are being exported.

The Asian small-clawed otter was listed on Appendix I, which bans all international trade of the adorable critters that are facing decreasing numbers thanks to their popularity on social media and the loss of their wetland habitats in Southeast Asia.

Not all resolutions had a clear yes or no. The saiga antelope was denied a move up to Appendix I banning all trade, but was given an annotation that placed the quota of wild caught saiga at zero which leaves open trading of captive raised saiga.  Other animals given protections include giraffes, which were added to Appendix II that restricts their export to only legally hunted giraffes that aren’t compromising the species’ survival. The black rhino had its quota raised from five to “a number not exceeding half a percent of the country’s total black rhino population.”

We at Edward J. Zarach & Associates understand how important these changes are to many of our readers. As we move forward, we encourage everyone to reach out to our trophy hunting division to discuss your planned hunts or imports and know what pitfalls to avoid with your specific trophy.