In the container transportation business, we call a container, an exporter, a consignee, and a destination port, and the goods that meet these "four ones" conditions are called FCL, and we call a container, exporter, and consignee. As long as one of the three items in the port of destination is two or more export goods, it is defined as LCL cargo.
The transportation cost of LCL and FCL is very different in terms of procedures, time and cost. The two are by no means "1+1=2, 1+2=3". Similar to the simple relationship between addend and sum, it is a series of strange "inequalities" such as "1+1>2, 1+2>3".
The customs clearance procedures for LCL cargo are more complicated than FCL cargo, and it takes longer
First, the whole container of goods exactly meets the minimum unit of customs inspection, sealing, and release of the exporting and importing countries. For a batch of goods, as long as the documents submitted by the exporter and importer are reasonable, legal and intact, the export customs and import customs will handle it. After the relevant procedures and relevant taxes and fees are collected, customs clearance will be released soon. The LCL cargo will not be so simple and fast. As long as the goods in the container have a single shipment document that is faulty, the export customs will not release the goods. This is because the export customs must seal the exported containers before allowing the loaded containers to leave the country. Therefore, in the same container, the failure of any one of the goods to clear customs will inevitably affect the timely export and transportation of other goods.
Second, LCL cargo is far less extensive and flexible than FCL cargo. It requires additional solicitation by the transportation company and a reasonable combination of some conditions such as the port of shipment, port of destination, delivery date, variety, volume, and weight of the cargo. They are all suitable for exporting goods in the same container. These requirements are very difficult to implement and require a long time. If the transport company consigned by the cargo owner is not strong enough, then the time for cargo transportation will be delayed even longer.
Third, under normal circumstances, FCL cargo can be shipped directly at inland ports, while LCL cargo is only suitable for delivery at developed coastal ports due to relatively few inland sources and relatively more coastal sources. This will undoubtedly add a lot of extra trouble to the exporter. According to the relevant regulations of the Chinese government, exported goods must pass the inspection of the Commodity Inspection Bureau in the place of production and the place of export declaration. If the goods are declared for export within the scope of the province (autonomous region, municipality directly under the Central Government) where the goods are produced, only one commodity inspection is required for a batch of goods. Otherwise, if it is a customs declaration in another place, a batch of legally inspected export commodities must pass two inspections before the customs will release it.
LCL cargo is more expensive than FCL
Under normal circumstances, the freight and miscellaneous costs of FCL transportation in sea freight generally include three items: freight, transportation surcharges and port miscellaneous charges. The freight and transportation surcharges for LCL and FCL should be the same. The difference in cost is only in the assembling of the transported goods at the port of shipment and the unpacking at the port of destination.
It stands to reason that these two costs should not be very high. However, due to the huge differences in the level of labor costs between countries and regions in the world, exporters have little or no knowledge of the specific differences. The original LCL cargo ratio The freight cost of the whole container is very reasonable by adding a certain percentage of LCL, unpacking and storage fees on the basis of the overall consistency. However, in order to earn higher profits, carriers often use "fuzzy The method of "learning" does not specify what items will be charged in the quotation, but only generally according to the destination port to which the type of goods are shipped, and the amount of each freight ton is charged, and the port miscellaneous charges are reported temporarily. What's more, the carrier has no obligation to explain, and the shipper has no room for bargaining. The amount of charge depends on the specific circumstances.
In addition, it should be noted that in import and export commodity trade, the larger the quantity and total value of each transaction, the lower the transaction cost. Conversely, the smaller the quantity and total value, the higher the transaction cost.
Compared with FCL cargo, the quantity and total value of LCL cargo are generally smaller. Therefore, from this perspective, the transaction cost of LCL cargo must be higher than FCL cargo. This is because the cost and mailing fee of the finished sample, the communication fee such as fax and telephone, the notification fee of the letter of credit, the customs declaration fee of the import and export goods, the certificate of origin, etc. are all based on the number of copies rather than the business. The size of the amount to be charged. When these business expenses are finally allocated to transaction costs, the unit costs with a large transaction volume will have a small share, and the unit costs with a small transaction volume will have a large share. We should be aware of this.
At present, many Asian ports are facing a serious shortage of containers. Most of the containers are stranded in destination ports in Europe and the United States, making it difficult to return as soon as possible. In the limited number of return containers, new problems have emerged.
South Korea’s Busan Port Authority (BPA) recently stated that empty containers returned to the port from overseas have not been cleaned and inspected as they should .
In response, local truck drivers complained that the shipping company neglected the inspection, cleaning and maintenance of the containers, and instead shifted the responsibility of maintaining the containers to them.
It is understood that from November 16 to 24 this year, BPA collected 30,792 samples of empty containers from 9 container terminals in Busan Port for inspection. The results showed that the condition of 52% of empty containers is not ideal .
BPA stated that many containers need to be cleaned again . In addition, insects such as cockroaches and spiders were also found in some containers .
More importantly, 59% of all return empty containers have defects . The defect rate of empty containers returned to the port by Korean domestic importers was 47.2%.
"This is because the shipping company did not conduct proper inspections before shipping containers to Busan Port." BPA said.
It is understood that since 2018, with the assistance of local fisheries departments, animal and plant quarantine agencies and customs, BPA has been paying close attention to the cleaning and damage of containers and conducting related investigations.
Investigations have shown that in many cases, the exterior or interior of the container is obviously damaged, and garbage is deposited. About 1.2% of containers had to be replaced because they could not be repaired.
At present, the shortage of containers in the Asian market is still severe, while more and more containers are stranded in American ports.
Major US ports, including the Port of Los Angeles and the Port of Long Beach, have generally experienced equipment shortages and extended loading and unloading times. Coupled with the serious container imbalance problem in Pacific trade, a large number of imported containers are backlogged in American ports, causing terminal congestion, container turnover, and cargo transportation.
This situation has intensified, making the local port "close to complete paralysis."
Although shipping companies are also trying various ways to seek various solutions to speed up the dispatch of empty containers, according to Maersk’s estimation, many countries around the world are experiencing national blockades due to the second outbreak of the epidemic, and the shortage of empty containers is expected to remain Will continue.
As my country's foreign trade exports gradually stabilized and improved, the lack of domestic export capacity has appeared in many places, and for a period of time, it has also been accompanied by a shortage of containers.
Recently, a 1℃ reporter from China Business News found that the main reason for the “difficult to find one container” situation was that due to the epidemic, the efficiency of container turnover was reduced, and the port congestion caused a large number of delays in shipping schedules, which further aggravated the return of containers. smooth. With the efforts of domestic container manufacturers in recent months, the shortage of domestic containers has improved, and the shortage of some ports has eased.
However, new container manufacturers dare not continue to expand production capacity. Because of the epidemic, market uncertainty continues.
According to the 1℃ reporter's further on-site investigation, the shortage of containers has stimulated the kinetic energy of new container construction in China, and the prices of raw materials and labor have risen. The ex-factory price of new containers will rise accordingly. For the high freight rates, it is the foreign trade companies that ultimately suffer the loss of profits.
Inefficient port congestion
On the afternoon of December 2, when the 1℃ reporter arrived at Shenzhen Yantian International Container Terminal, the containers were piled up like a mountain, and heavy semi-trailer trucks entered and exited in file at the gate: the first class trucks were fully loaded with the containers that were about to be exported and went through automatic inspection. The passage enters the terminal, and the other type is an empty truck, which enters the gate and exits after the airspace cabinet. Many large trucks are still lining up to pick up the containers.
Chinese exports with a major source of container in two aspects, one is emptying the old container port after unloading , the second is Chinese-made box business of new office box . According to statistics from China Container Industry Association, usually the storage size of empty containers at ports is about 4 million TEU (Twenty-feet Equivalent Unit, the international standard unit, a container with a length of 20 feet is the international unit of measurement), and the port unloads old containers. It is the main source of supply for export boxes in my country.
We have not yet seen data on how many empty containers are available in the yards of domestic ports such as Yantian Port, but statistics from the China Container Industry Association show that since this year, China’s major foreign trade container ports have unloaded old container stocks with export growth and overseas adjustments. Due to restrictions on the return of empty containers and other factors, the unloaded old container stock of the seven major foreign trade container ports continued to decrease from about 3.05 million TEU at the end of February 2020 to about 1.85 million TEU at the end of October, compared with the same period in the past five years A reduction of 26%.
Photo: Yantian International Container Terminal is located in Dapeng Bay, east of Shenzhen. Photo/Wu Mianqiang
At present, domestic export containers are still very tight. In addition to the fact that container transportation has broken the original arrival and delivery balance level, the decline in container circulation speed and port congestion are also one of the main reasons.
As the "barometer" of global trade, containers have a complete set of operating procedures. According to people in the shipping industry, taking shipping as an example, the port terminal is a transfer station for containers. Export companies book space and containers from the freight forwarder. After passing through the export customs broker, the trailer fleet consisting of semi-trailers goes to the terminal and other yards to pick up containers After the container is filled with cargo, it is sent to the port terminal for export. After the liner arrives at the destination port with the container, the local cargo owner arranges customs clearance, picking up the container, unloading, and returning the container to the terminal yard. After waiting for the local export company to book, pick up the container and load the cargo, the container will be transferred back to China by liner.
However, the lingering epidemic has affected the efficiency of the above-mentioned container operations. Overseas epidemics have repeated, and the efficiency of local cargo owners in customs clearance, container picking and unloading is low. The relevant person in charge of the Guangdong small appliance export company previously interviewed by the 1℃ reporter said that their company's goods are in the ports of European and American countries .
Affected by the epidemic, many countries have experienced labor shortages, especially port operators, trailer truck drivers and related logistics personnel.
Master Sun, a truck driver picking up cargo at the Shenzhen container yard, told the 1℃ reporter that the company’s overseas business divisions had a "labor shortage". The United States had just finished Thanksgiving and will enter the Christmas season, which will further increase labor. tension.
The China Container Industry Association recently issued an "Action Initiative for Enterprises in the Container Industry Chain to Work Together to Stabilize Foreign Trade and Promote Growth", which stated that "Due to the increase in the number of infected people and the requirements of epidemic prevention measures, shippers (from across the ocean) cannot normally get from ports. The goods are shipped out of the cargo yard, and some goods are even rejected after arriving at the port. This has caused more and more containers to be piled up in disorder at the port. This disordered storage has caused the shipping company’s ships to be unable to dock and offshore on schedule. Affected the turnover efficiency of containers."
"From a global perspective, the supply chain of container transportation has slowed down. This is also one of the important factors that have caused global container tension." said Zhao, who has been in the shipping industry for more than ten years. Therefore, ports are definitely better than Congestion in the past was inevitable.
The prevention and control of the epidemic has also reduced the efficiency of domestic container operations. Lao Zhao recently told reporters at 1℃ that after the liner arrived at the domestic port, compared with the non-epidemic period, the quarantine process and procedures have increased. For example, the container needs to be disinfected, which leads to a longer time for customs clearance and unloading. "The crew cannot go ashore. It needs to be isolated and rotated first."
Port congestion will lead to adjustments in shipping schedules and affect the efficiency of container transportation. Since the third quarter of this year, the Ocean Network Express (ONE) of the TA Alliance has continued to update the schedule adjustment notice on its official website. The reporter at 1℃ found that most of the reasons were caused by port congestion.
From December 1st to 4th, ONE continuously issued more than 20 notices regarding the Shanghai Port shipping schedule changes or late opening notices, mostly due to "the effect of port congestion causing delays in shipping schedules." In the past November, there were more cases of ship delays due to port congestion. ONE is a Japanese container shipping company headquartered in Tokyo and Singapore. It was established as a joint venture by a Japanese shipping company in 2016, with a fleet of over one million TEUs.
"Once there is congestion in the port, the operation efficiency of containers will be low, which will further aggravate the tension of container use." Lao Zhao said.
As the international container ocean trunk transportation hub port in South China, Yantian Port is one of the world's largest single-handle container terminals. It mainly serves routes exported to Europe and the United States. Nearly 100 liner routes reach Europe, the United States and other regions every week. The 1℃ reporter found on the scene that the port was busy, and the gates were still slightly crowded. Many large trucks stopped at the door and waited for the relevant procedures to be completed, while the large trucks that had already lifted their cabinets slowly pulled out of the cracks.
Cost rises, logistics prices soar
The shortage of domestic export containers has caused the single-container market price to soar. As the order volume of container manufacturers increases, the cost of raw materials and labor has increased. In addition, the shortage of shipping space has further increased the cost of export containers for enterprises, increasing the logistics cost of the foreign trade industry and eroding the profits of export enterprises.
In fact, more than 90% of global containers are currently supplied by Chinese companies. According to the research report of Dongxing Securities, on the container production side, CIMC (CIMC, market share of 44%), Shanghai Universe (DFIC, market share of about 24%), and Xinhuachang (CXIC, market share About 13%), Singamas (about 3% market share) occupy most of the market share.
According to data released by the China Container Industry Association, there are three main types of container buyers. One is shipping companies, the other is container leasing companies, and the third is domestic railway and logistics companies . The third category accounts for a very low proportion, not exceeding all. 8% of annual container production and sales. The total production and sales of China's container manufacturers are between 2 million and 3 million TEU each year, and the storage of new containers accounts for 10%-20%.
1℃ reporters interviewed shipping companies and container manufacturing companies in many ways and learned that in the first five months of this year, China’s container manufacturers had almost no new orders. The pessimistic judgment of China has reduced liner shipping capacity and container procurement plans.
However, after June this year, my country's foreign trade quickly recovered. After the empty containers at the port were digested, the information of the lack of containers in the market was transmitted to the container manufacturers in mid-July, and orders continued to increase. "In September, our order volume has been scheduled to March next year." A person from CIMC Group who did not want to be named told 1℃ reporter.
"As a container equipment provider, we mainly produce according to shipping company orders. The shipping industry is currently booming and freight prices are rising. Therefore, shipowners and container leasing companies are also willing to purchase large quantities of containers." Liu Meng, a senior employee of a major domestic container manufacturer (Pseudonym) said.
Continued hot container production orders have caused the price of raw materials in the container supply chain to rise, including raw materials required for container production such as steel, wooden floors, and paint.
Insiders of Singamas Containers told 1℃ reporters that according to their understanding, steel, wood floors, and paint have all increased in varying degrees since the beginning of this year. "Compared with the off-season in the first half of this year, the price of steel has increased by about 10%, and the current average is more than 4,000 yuan per ton, and the wood floor has increased by 50% year-on-year." A relevant person in charge of a container manufacturer told 1℃ reporter.
The number of container floor sales is consistent with the trend of China's container export volume. In the raw material sector, the shortage of wood flooring is the most obvious, so prices have also increased significantly.
Kangxin New Material (600076.SH) is the only listed company in China that is mainly engaged in container floor panels. The company’s securities department confirmed that its finished product prices this year have exceeded the same period last year, "because of the increase in raw material and labor costs."
The main raw material of the container floor is logs. A domestic container bottom plate supplier told the 1℃ reporter that the current price of wood has increased significantly, and the purchase price of better poplar wood ranges from 800 to 1,000 yuan, which is more than 50% higher than when the market was normal. In the case of shortage, if the price is not increased, the timber merchant will not deliver the goods to the transaction."
The increase in supply chain costs has also driven up the selling prices of container products . A few days ago, a reporter from 1℃ asked CIMC insiders about the order status in the name of the leasing company. The salesperson of the other party said, “Orders are very slow now, and they need to wait until March next year to deliver them, mainly now (production orders). Don't go in."
The above-mentioned sales staff stated that the current order volume of the company is mainly unified at the head office level. “The selling price of 20-foot container (standard box) is now US$2,600, 40-foot container (high container) is US$4420, and 40-foot container (flat container) is 4210. Around the dollar."
Compared with last year, the price of new boxes between US$1600 and US$1700 has increased significantly. According to the research report of Dongxing Securities, in August this year, the price of a new container was only US$2,100.
"The epidemic is a double-edged sword, both an opportunity and a challenge." Recently, Lao Zhao said. Most of the foreign trade companies that have survived now have received many foreign orders, but at the same time they have encountered high freight costs caused by the shortage of containers and the shortage of space.
"Many of our company's customers, currently doing foreign trade orders, are not making enough money to pay for sea freight. Examples of this are everywhere. Even if they lose money, they still do it because they have a long-term vision and want to maintain good customers first. In the future, the freight rate will be lowered and then the profits will be made back." A business executive who has been a freight forwarder in East China for 10 years told 1℃ reporter.
I dare not rush to expand production after receiving orders in the first quarter of next year
On the evening of December 2, a 1℃ reporter came to the container production workshop of Dongguan South CIMC Logistics Equipment Manufacturing Co., Ltd. (hereinafter referred to as "South CIMC"), a subsidiary of CIMC Group, Fenggang Town, Dongguan City. A scene in full swing.
This is one of the largest container production bases in the country, and it is said that 1 out of every 10 containers in the world goes to sea here.
Worker Master Wang (pseudonym) had just left work and was riding a battery car to go home. He told the 1℃ reporter that the factory orders are currently full and he worked 11 hours that day. "Our factory is now operating in two shifts and is producing at full capacity," a person close to Southern CIMC told 1℃ reporter.
Since the third quarter of this year, as CIMC's order volume continues to increase, Master Wang has many colleagues who come to help temporarily. The 1℃ reporter learned during an interview with Southern CIMC that the plant has added many new temporary workers this year. “Most of them are labor dispatch employees, and the average daily salary of each person is 300 yuan, which is tens of thousands of yuan a month.” A labor dispatch company who recruited welders in a container factory of CIMC Group introduced.
"The main reason is that the container manufacturing industry is deeply affected by the shipping industry. When the market is good, the number of orders will increase, and if the production is at full capacity, there will be a shortage of manpower; when the market is not good, the number of orders will decrease, and manpower will be sufficient or even surplus. "The above-mentioned CIMC insider told the 1℃ reporter that many CIMC people (employees) still have fresh memories of the experience that factories were shut down during the financial crisis in 2008 and that they were looking forward to working at home.
On December 3, regarding the current shortage of containers and soaring freight rates in the field of foreign trade and logistics, the spokesperson of the Ministry of Commerce Gao Feng said that on the basis of the preliminary work, the Ministry of Commerce will continue to promote the increase of capacity and support the acceleration Container return transportation, improve operation efficiency, support container manufacturing enterprises to expand production capacity, and at the same time increase the intensity of market supervision, strive to stabilize market prices, and provide strong logistics support for the stable development of foreign trade.
Recently, the China Container Industry Association has also issued an initiative to "advocate container industry chain enterprises to actively invest in stabilizing foreign trade", and strive to improve the efficiency of international container turnover. Production-related enterprises should continue to improve production efficiency, continue to tap potential production capacity, and improve process equipment. Increase the number of workers, improve their labor skills, and make every effort to ensure that new box orders are delivered as soon as possible.
Affected by the current shipping situation, many large domestic container manufacturing companies are making every effort to ensure the delivery of new container orders as soon as possible to escort foreign trade exports, while also considering the future balance of supply and demand in the global container market.
In fact, the container manufacturing and sales industry and the development of the shipping industry share each other. Nowadays, aspects of container production enterprises are operating at full capacity ensure market supply; on the other hand below the epidemic, we still dare to expand production capacity.
People in the shipping industry predict that the shortage of containers will continue until the first quarter of 2021. Therefore, there are already large domestic container companies that dare not rush to take orders for the second quarter of next year.
"The main reason is that I dare not judge the future market prospects." Liu Meng told the 1℃ reporter that the current epidemic situation continues and container manufacturers are also worried that after receiving external orders, they cannot judge the future market development. If the order is received first next year Quarterly, the supply can be guaranteed, and the market will not be turbulent at the same time, so everyone hopes to have such a steady move.
"Now that the market is in short supply, we can completely launch capacity projects, purchase equipment, and let workers work overtime to produce, but in the long run, this will break the balance of supply and demand in the global container market." Liu Meng said that the demand for containers in global trade is only There are several million TEUs, once container overcapacity occurs, it will be a serious problem.
The current life span of containers is 10-15 years. "After the rapid one-time release of production capacity, what about next year or the next year? The development of the industrial chain still requires a long stream of water." Liu Meng told the 1℃ reporter.
After the goods arrive at the port, the customer does not pick up the goods, and the shipping company requests to return the goods and let us bear all the expenses.
At the end of July 2019, two shipments were delivered to Port Klang, Malaysia. The two shipments arrived at the port in mid-August, but the customer did not pick up the goods until mid-September. Before the goods arrive at the port, we have reminded the customer that the goods are about to arrive at the port. After arriving at the port, we remind the customer to pick up the goods.
In mid-August, the freight forwarder told me that the customer still did not pick up the goods. I have been urging the customer to pick up the goods, and the customer always said that he would pick up the goods on the same day, but it was delayed until mid-September. Customers do not communicate with us because they do not pick up the goods for any reason. It will always be "I will pick up the goods today."
At that time, the LCL company was impatient, and gave us an ultimatum. Let us notify the customer one last time. If the customer does not mention it, it will be returned to us, and the demurrage fee and other expenses incurred will be paid by us.
Analysis suggestion
If the foreign customer’s company goes bankrupt or the goods are not picked up after arriving at the port, it has been more than a month since the arrival of the port and incurred a lot of costs. The customer will obviously not pick up the goods. We ask the freight forwarder to explain to the shipping company that we abandon the goods, but the forwarder says at least Only half a year can be abandoned.
So here comes the problem. The port cost in half a year is estimated to be an astronomical figure, and domestic factories will definitely not be able to afford it. The value of the goods is also very low, and the future cost will definitely be much more than the value of the auction. The specific questions are as follows:
1. Will the shipping company pursue these demurrage fees, demurrage fees, and terminal fees?
2. Is it recourse to freight forwarders or foreign customers or domestic factories?
3. If they cannot pay, will the shipping company go through legal procedures?
So, how to deal with export abandonment?
1. Take the initiative to abandon the goods.
First, ask your freight forwarder to seek help from the agent at the port of destination, first change the consignee to the designated agent, and then abandon the goods in the name of the agent. Why has to be this way? Because if the consignee is not changed, it should be difficult for the consignor to abandon the goods unilaterally. But after such a change, the agent at the port of destination will have to bear a lot of responsibilities, including the cost and responsibility of abandoning the goods. This condition must be negotiated with the freight forwarder. People are willing to help you do this. How much you need to bear.
2. Resale.
See if you can find other buyers in the destination country, change the consignee of the bill of lading and then sell them to them, of course, there will be a discount. There are also major constraints in doing so. One is whether the products are customized and difficult to resell, and the other is to find customers who are willing to take over.
3. Ignore it.
Then don't care about anything, and all the liability costs will be borne by your freight forwarder. This is the most embarrassing thing. Maybe you are all right, but the freight forwarder and the company who picked up your shipment are in bad luck. The key is that this matter is not the responsibility of others. Of course, the other party may also go to court with you. According to Article 86-88 of the Maritime Law, if the consignee has a problem, the consignor must bear the cost.
4. Return shipment.
You can return to the domestic bonded area for storage. If there is a new order that is sent abroad or is undergoing inspection and maintenance, replace the package and bonded warehouse for simple processing such as packaging, relabeling, and shell replacement. Sent abroad. The bonded area is equivalent to foreign countries, and the return of goods to the bonded area for inspection and maintenance does not require import declaration, so there is no need to apply for the return of the goods to the customs, and there is no need to pay taxes or pay a deposit to the customs.
Domestic export goods, especially electronic products, small household appliances, etc., have a high repair rate. The traditional way of returning to the factory for repair requires multiple cumbersome procedures such as customs, commodity inspection, and national tax. Using the advantages of the bonded area and outside customs can quickly solve the repair problem.
The bonded area has a policy of "outside customs within the country", that is, it is within the national border but not under the jurisdiction of the domestic customs. Goods entering the bonded area from the country are equal to export, and entering the country from the bonded area is equal to import (import customs declaration). same.
Therefore, returning the goods returned from abroad to the bonded area means that the goods remain abroad and the import declaration has not been processed, so there is no need to apply for the return of the goods to the customs, and the returned goods to the bonded area are tax-free and can be re-exported.
Below we analyze the advantages of returning to bonded warehouse storage for repair:
a. Simple procedures : free deposit, tax exemption, exemption, exemption from commodity inspection, exemption from customs declaration, only need to provide us with the packaging, number of pieces, amount, net gross weight, and then the QP system can apply for entry maintenance and entry maintenance.
b. Fast timeliness : After the goods arrive at the Hong Kong/Shenzhen terminal, our company can arrange transportation and pick up the container and pull it back to the bonded warehouse for repairs. Workers can enter and leave the processing area freely without a visa for repairs. Shenzhen re-export.
c. Low cost : The cost of workers and maintenance site costs are much lower than those in Hong Kong or overseas.
Case two
The customer is bankrupt, the creditor controls the goods, and the freight forwarder asks for storage fees
We have a batch of goods that we did CFR with our customers. The goods arrived in Hong Kong in July last year. Because the customer went bankrupt and disputes with creditors, the goods have not been able to withdraw. Our payment has been received in full. The agent requests for warehousing, detention fees and other fees, and our agent charges us these fees.
The domestic agent has our export tax rebate receipts, and the other party does not deliver the receipts accordingly, and the tax rebate will be declared immediately. This matter has not been resolved yet, which is very difficult. Now foreign agents threaten to auction the goods, do they have this right? Is this legally true?
Analysis suggestion
analysis:
First of all, make it clear that, as SHIPPER, you are indeed obligated to pay the storage fee for the batch of goods (the second responsible person, as long as CONSINEE does not pay, you have to pay);
Second, after the goods arrive at the port, the ownership of the batch of goods belongs to CONSINEE. If the goods are to be abandoned, CONSINEE should write a written statement before SHIPPER’s turn to write;
Third, there is no law that supports that freight forwarders can withhold your verification form. As long as they go to court, they will definitely lose the case;
Fourth, after a certain amount of storage fees are incurred at the terminal, the port of the other party does have the right to auction the goods, but the auction proceeds are paid to other creditors after the storage fees are paid. (Of course, if the auction proceeds are not enough to pay the storage fee, SHIPPER and CONSINEE are obliged to make up for it.)
Finally, if, as you said, the goods have been controlled by the customer's creditor, then the creditor should pay the warehouse rent as CONSINEE's principal. (Theoretically, if your client, as CONSINEE, does not receive the goods first, his creditor has no right to control the goods. If he has received the goods, then the owner of the goods is him instead of you. Of course it may be different. National laws are different, so only your customers will know how the local laws are)
Suggest:
After the goods arrive at the port, how can the customer return the goods or sell them to others without paying?
Most countries in the world have this regulation. When the imported goods arrive at the port, the jurisdiction of the goods will be transferred to the customs. In order to protect the interests of buyers, the customs will not allow anyone other than the consignee to move this. Batch of goods.
This has brought a lot of trouble to the seller. When the seller fails to collect the full payment and wants to control the rights of the goods, he finds that he may face a shortage of money and goods.
Because whether you want to return or resell, you must meet any of the following two conditions:
The original consignee gives a declaration of abandonment;
The original consignee clearly informed the seller to refuse to pay for the goods!
As a result, some buyers will keep dragging, and they will never say that they will not pay, so that you can't get the evidence. Don't even think about it!
As a result, the seller can only watch the time passing day by day until the goods are auctioned by the customs!
So I gave two methods:
1. Find a very capable freight forwarder. I mean the destination port forwarder. They can help solve some problems. I have a friend who has successfully solved the cargo problem in Turkey.
2. Looking for counsellors, some people have succeeded, but most of them can hardly be contacted.
In fact, these are dead horses as horse doctors, because there is hardly any better way.
However, today I want to tell you the good news that another method has proven effective in practice.
I suggested that a friend write this paragraph in the contract:
The payment method of this contract is to pay the balance upon seeing a copy of the bill of lading. If the buyer (specific name) has not paid the balance within 10 days of seeing the copy of the bill of lading, it is deemed that the buyer has voluntarily waived the right to the goods, and the buyer agrees to the shipper to dispose of the goods independently.
or:
If the buyer (specific name) fails to pay the payment within 10 days of seeing the copy of the bill of lading, the clause is automatically activated: the buyer (specific name) voluntarily waives the right to dispose of the goods on the ticket, the shipper is free to dispose of it, can be returned or Resell to any other third party!
Remember, you must ask the customer to sign back!
Many people will say, how can a customer sign it?
If the client is a serious businessman, he is not deliberately deceiving you, he will definitely sign it, because this is a normal contract clause and does not harm any interests of the client.
Therefore, when the customer has not paid for the goods, the contract will work. The friend gave the contract to the local agent, the agent showed it to the customs, and the Turkish customs released it.
I don't know if all customs will recognize this contract model, but since there is hope of success, it must be 100 points.
Someone may have said, why do you have to pay at the copy of the bill of lading? Wouldn't it be better to do 100% TT before? Who doesn't want to do a risk-free business? If you can do the TT before, who will do payment at the copy of the bill of lading, who will do the letter of credit, who will do the DP or even the OA?
Due to competition, helpless! It's like a big brother commenting on my face of slavery, because I said that I must express first, and then ask questions, because I said that even if the customer's information is incomplete, we must first deliver the value, and then ask about the specific configuration, if at the very least Foreign trade business can also be regarded as a minion, so are those who accept these non-former TT payment methods also a minion?
Persevere in self and only do TT; adhere to self and only do high value; adhere to self and wait for customers to take the initiative, and never take the initiative! Maybe this is the real hero, but I can't do it now. Apart from a few top players, how many people can do it?
