Freight Pulse & Law: Port Congestion Bites, Trans-Pacific Rates Rally, and New Liability Rules Shift Risk

The freight market is tightening at both ends of the risk spectrum. Port congestion is delaying physical cargo, while new air, maritime, transportation-liability, and customs rules are increasing the documentation burden behind every shipment.

For shippers, the message is direct: treat visibility, compliance, and contingency planning as operating requirements: not optional upgrades.

Earthquake and typhoon disruptions widen the schedule-risk map

Maersk has temporarily suspended terminal operations in Buenaventura following a major earthquake in Colombia. Vessel operations, cargo handling, inland road movements, and service schedules are affected while infrastructure assessments continue. Maersk’s official operational update states that cargo from affected sailings will be rescheduled on the next available vessel.

The disruption adds to congestion already building across Asia. Singapore, Colombo, Shanghai, and Ningbo are facing vessel bunching, restricted gate-in windows, and weather-related delays. Reports indicate vessel waits of several days, with some Shanghai and Ningbo facilities experiencing waits approaching eight days. Typhoon-related closures have also compressed appointment windows, forcing shippers to make booking and drayage decisions with less certainty.

Use wider delivery buffers for cargo moving through these hubs. For seasonal or high-value inventory, compare standard ocean service with premium ocean, alternate gateways, West Coast routings, or air-sea combinations. A missed gate-in window can create more than a vessel delay; it can trigger storage, demurrage, missed production schedules, and downstream fulfillment disruptions.

Trans-Pacific rates rally as carriers defend capacity

Trans-Pacific peak-season pricing is moving higher as demand remains strong and carriers maintain blank-sailing discipline. Recent market reporting shows Asia–U.S. West Coast rates rising approximately 14% and Asia–U.S. East Coast rates increasing approximately 13% following the August 1 general rate increase. Depending on the lane and booking window, East Coast rates are approaching or exceeding $9,000 per FEU.

India-based exporters are feeling the squeeze particularly sharply. Some are paying more than $9,000 per container, with freight costs running three to four times higher than earlier benchmarks. The impact reaches beyond transportation budgets. Exporters selling under CFR or CIF terms may absorb the increase directly, while businesses operating under fixed-price contracts face margin compression and working-capital pressure.

Model multiple scenarios before committing inventory. Compare East Coast ocean service with West Coast discharge plus inland rail or truck, then calculate the full landed cost: including peak-season surcharges, chassis, drayage, storage, and likely delay exposure. Shorten freight-quote validity periods and consider index-linked pricing where fixed rates no longer reflect market conditions.

The earlier Trans-Pacific market analysis from Lanta Logistics outlines how frontloading, blank sailings, and vessel disruptions are reshaping late-season planning.

IATA’s Direct Air Waybill framework moves default liability to forwarders

Effective July 1, the IATA Direct Air Waybill framework changes the default risk position for cargo agents and forwarders. When a forwarder tenders cargo under a Direct AWB, the forwarder is treated as the shipper for shipper indemnities and obligations: even when another party appears in the shipper field.

The rule does not eliminate Direct AWBs. It does, however, place greater responsibility on the forwarder unless the forwarder and carrier agree to different commercial and legal terms. Under the framework, forwarders may face recourse from carriers for inaccurate shipment information, incomplete records, or dangerous-goods misdeclarations.

The IATA FAQ recommends reviewing authority, carrier agreements, data requirements, and indemnity language. Forwarders should also confirm that their electronic shipment records, customer contracts, dangerous-goods procedures, and insurance coverage align with their actual role.

Do not assume the name in the AWB shipper box determines the entire liability structure. Under the new default, the party tendering the cargo may carry the practical exposure.

China’s revised Maritime Code applies mandatorily to Chinese-port shipments

China’s revised Maritime Code took effect May 1, 2026. For international contracts of carriage where either the port of loading or discharge is in China, Chapter IV of the Code applies mandatorily. A bill of lading’s foreign governing-law clause cannot simply displace the Chinese regime for covered carriage issues.

The change affects shippers, carriers, NVOCCs, forwarders, and cargo interests moving through Chinese ports. It also reaches domestic carriage between Chinese ports, creating a more unified framework for sea transportation in China. Contract language, carrier-liability assumptions, electronic transport records, and cargo-stowage disclosures all deserve renewed review.

Read the Reed Smith analysis of China’s revised Maritime Code before relying on existing bills of lading or standard terms. Coordinate with transportation counsel on contracts that select English, U.S., or other foreign law.

The practical rule is simple: if a shipment loads or discharges at a Chinese port, plan for mandatory Chinese maritime-law requirements rather than treating them as a secondary legal possibility.

Montgomery raises the value of a documented carrier-selection process

In Montgomery v. Caribe Transport II, the U.S. Supreme Court held that a state-law negligent carrier-selection claim against a freight broker is not preempted by the Federal Aviation Administration Authorization Act’s safety exception. The decision allows these claims to proceed on their merits.

The Court did not create a detailed national checklist for “reasonable care.” It did, however, increase the importance of proving what the broker or intermediary actually did before assigning a load. A basic authority and insurance check may not be enough when public safety data, inspection history, violation patterns, or other risk indicators are available.

Brokers and forwarders should preserve load-level records showing:

• Which carrier data was reviewed

• When the review occurred

• What approval criteria applied

• Who made the selection

• What risks were escalated or rejected

• How significant in-transit events were handled

The Supreme Court liability analysis from Project44 provides additional context. Build a repeatable process, apply it consistently, and retain the evidence. In a negligence claim, documented reasonable care is more defensible than an undocumented assertion that the team acted carefully.

CBP now requires ACH for PSC duty increases

As of August 5, CBP requires electronic ACH payment for increases in estimated duties, taxes, and fees resulting from a Post-Summary Correction. Checks and cash are no longer accepted for these increases under the modified PSC test.

Importers must enroll in ACH Debit or ACH Credit and pay the full increase before filing another PSC on the same entry. Partial payment will prevent a subsequent PSC from being processed until the prior increase is fully paid and processed. For eligible entries with suspended liquidation, CBP also formalized the ability to file certain PSCs outside the standard 300-day window.

The Federal Register notice sets out the requirements, including payment timing and treatment of interest. Align customs, finance, and inventory teams so duty corrections do not create avoidable cash-flow or entry-processing delays.

What shippers should do now

Review every active lane touching Buenaventura, Singapore, Colombo, Shanghai, and Ningbo. Add realistic schedule buffers, validate alternate routings, and reprice peak-season inventory using current all-in costs.

Then audit the documentation behind the movement: Direct AWB authority, Chinese-port contract terms, carrier-vetting records, customs correction workflows, and ACH readiness. Connect those controls to real-time shipment and inventory data so operational teams can act before delays become service failures.

Lanta Logistics helps growing brands and enterprises coordinate warehousing, transportation, fulfillment, and supply chain visibility through structured 3PL and 4PL execution. From a Glen Burnie warehouse, Lanta supports 3PL Maryland operations, Mid-Atlantic fulfillment, food-grade warehouse requirements, and Hazmat certified 3PL solutions. Contact Lanta Logistics to build a more visible, compliant, and resilient freight plan.