Freight Pulse & Law Update: STB Sets Rail Merger Timeline, De Minimis Enforcement Goes Live, Ocean Rates Keep Climbing

Direct answer: Shippers face simultaneous regulatory, rail, customs, and capacity pressure. The STB has restarted its Union Pacific–Norfolk Southern merger review, CBP will end commercial de minimis treatment on August 29, and transpacific spot rates have climbed more than 400% despite flat demand.

What is the STB rail merger timeline?

The Surface Transportation Board’s schedule places final briefs on May 28, 2027, followed by a final decision within 90 days after the record closes: subject to completion of environmental review.

Key issues include:

• Seven state attorneys general oppose the transaction.

• The proposed Committed Gateway Pricing remedy would cover roughly 0.9% of traffic.

• Captive agriculture, mining, and manufacturing shippers warn of higher rates.

The STB also ordered UP and NS to provide unfiltered workpapers by August 28, 2026.

What changes when de minimis enforcement begins?

CBP will require duties on all low-value commercial imports regardless of value. Exceptions remain for personal letters, bona fide gifts under $100, and personal travel items under $200. Approximately 95% of affected shipments move through express and general cargo carriers.

CBP’s enforcement focus includes fentanyl, counterfeit goods, and unvetted imports. A White House-backed report estimates false country-of-origin claims and transshipment cost the Treasury up to $75 billion annually. Proposed AI tools would analyze routing, ownership, shipment data, and anomalies under Executive Order 14411.

What do ocean and detention rules mean for shippers?

The D.C. Circuit upheld the FMC’s position in Evergreen Shipping Agency v. FMC: detention and demurrage must promote freight fluidity. Fees assessed when port closures make equipment returns impossible may be unreasonable.

Meanwhile, capacity restraint and blank sailings pushed transpacific rates up 400% or more. Yang Ming reported a 482% profit increase but warned of fourth-quarter volatility.

What should carriers do before DOT enforcement?

Prepare for CVSA Brake Safety Week with documented brake inspections. A federal judge also temporarily blocked DOT/FMCSA bulk access to CDLIS records covering approximately 17 million commercial drivers.

Use a warehouse management system and logistics software to maintain compliant records, inventory management for ecommerce, and shipment visibility. Lanta Logistics provides third party logistics providers, 3PL fulfillment services, and supply chain management companies with Mid-Atlantic fulfillment from a food-grade warehouse and Hazmat certified 3PL in a Glen Burnie warehouse.

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