If there is a strike after the January 15th
negotiation deadline expires, U.S. importers know President Biden will not
invoke the Taft-Hartley Act to end the strike.
President-elect Trump said during the strike there was understanding and
support for the dockworkers. Trump said the dockworkers were being “decimated” by inflation. No
information is available on whether President-Elect Trump would invoke
Taft-Hartley after he is sworn in on January 20th. The last strike was three days but took weeks to clear out.
The other unknown with the incoming administration
is the tariffs.
Some believe the tariffs
can be used as a negotiation tool with countries, and there are others who
think he intends to fully implement them. But if they are applied, Kelly Ann
Shaw, former senior trade adviser to President Trump who was involved in the implementation
of tariffs during the first Administration, tells gCaptain, “Legally you could
impose tariffs overnight but practically it makes more sense to give Customs
and Border Protection time to update the Harmonized Tariff Schedule (HTS) and
notify importers, particularly those that have products on the water that could
be subject to higher tariffs on entry. During the first Trump Administration,
tariffs didn’t go into effect for another week or two following the
announcement of new tariffs or a new proclamation.”
Some companies have received calls to get ready for
tariff frontloading, but the challenge for shippers is how much product to
bring in with a customer who is not buying gangbusters. They do not want to get burned and bring in too
much product that sits and collects dust in pricey warehouses. It is
early to see a dramatic increase, but if there is a freight forward bonanza,
expect rates to hit nosebleed prices faster than the Red Sea diversion rate
run. The current spot freight rate floor for a forty-foot container is
between $6k and $7k. As a result, the runup to $10k, $15k, and $20k can be
quicker.
Prioritizing freight and
deciding on West Coast/East Coast container ports will be critical. The
congestion at the West Coast rails is blaring red according to the ITS
Logistics Port Rail Ramp Index.
According to Paul
Brashier, vice president of global supply chain at ITS and author of the index,
“Ocean container rail traffic off the U.S. West Coast continues to be
problematic as the rail infrastructure is not able to keep up with additional
volumes coming into Seattle and Los Angeles. While ramp operations throughout
the U.S. rail infrastructure are running smoothly, the additional
dwell time at U.S. entry, coupled with earlier issues getting capacity at
origin in Asia, is forcing many to dray-off, transload, and one-way truck goods
further east into their supply chains.” Meanwhile, Canada’s port woes are impacting both coasts, which could add to
U.S.-bound container volumes. The BC Maritime Employers Association (BCMEA)
announced no agreement during the Saturday negotiation session on
Sunday. Montréal Longshoremen’s Union workers are officially locked out at the
Port of Montreal.
These strikes, the threat of strikes, and tariffs
only compound the enormous pressure on shippers to find the right balance of
inventory and cost.