As early as 1997, some liner companies charged foreign trade shippers in China, Guangdong, Guangxi, Yunnan and Hainan with ORC (receipt fee of origin). Because the local people didn't know much about the composition of freight at that time, they thought it was freight, and because the freight was low at that time, they acquiesced in this charging item.
During May 2000 and thereafter 1999, some shipping associations organized representatives to Shanghai, Dalian and Qingdao successively to discuss the implementation of THC (Terminal Handling Fee-Container Terminal Handling Fee) with local shippers' trade organizations, which was opposed and shelved.
In February, 20001year, the Ministry of Foreign Trade and Economic Cooperation of China entrusted the function of serving consignors to China Foreign Trade and Economic Enterprises Association. In August of the same year, this function was officially launched, and the Shippers Association Department was established by China Foreign Trade and Economic Enterprises Association, focusing on dealing with THC issues.
In February, 2000165438, shipping associations such as Trans-Pacific Stability Agreement (TSA), Westbound Trans-Pacific Stability Agreement (WTSA), Intra-Asian Discussion Agreement Organization (IADA), Far East Liner Company (FEFC), and Westbound Asian Freight Agreement Organization (AWRA) announced that they had decided to refrigerate goods from June, 2002. The existing ORC in Guangdong, Guangxi, Hainan and Yunnan has been renamed THC, and its original charging standard (20-foot container 14 1 USD, 40-foot container $269) remains unchanged. They charge THC for the following reasons:
1. The THC level charged to China shippers is determined according to the price adjustment range of 15% in the Notice of the Ministry of Communications of China on Adjusting the Provisions and Standards of Foreign Trade Port Charges. How much port container handling fee does China port charge the liner company, and how much THC does the liner company charge the shipper? Its ultimate goal is to fully recover the cost.
Second, increase THC and increase the transparency of freight quotation.
3. The practice of charging local terminal operating fees is common in all countries in Asia and most countries in the world except China.
Four, the shipping association believes that the collection of THC in China does not need the approval and support of government departments or shippers' associations, but only needs to be understood. People in the Secretariat of the Trans-Pacific Stability Agreement (TSA) even said, "We are willing to complete this education process and let government officials and shippers understand why we are doing this." A year ago, the shipping association wanted to promote THC in Shanghai, but later it gave up because of the opposition of shippers, and wanted to wait until China joined the WTO. At the end of last year, the shipping association raised the issue of container terminal handling charges with the Ministry of Communications of People's Republic of China (PRC), and the Ministry of Communications responded that this was a market business activity and did not need to be regulated.
5. China needs to add THC this time, which is not temporary. Can the freight be adjusted? The relationship between market supply and demand changes, and the terminal operation fee is stable and long-term.
Liner companies charged THC from China shippers, which was strongly opposed by China shippers. Therefore, representatives of China Foreign Trade and Economic Cooperation Enterprise Association and local shippers' associations held a dialogue with representatives of China Shipping Association on 2001219, held an enlarged meeting of the port working committee of Shanghai Shippers' Association on February 25-26 of the same year, and published an open letter to shippers in China on October 8 this year.
1. The above-mentioned liner conference organization is not registered in People's Republic of China (PRC) (China). It is illegal for them to organize and manipulate several liner companies to jointly collect THC from shippers in China Port.
Secondly, the liner companies added THC to berth terms's quotation, which violated the berth clause. Berth clause means that the liner company is responsible for loading and unloading and pays the loading and unloading fee, while the shipper only pays the liner freight and does not need to pay the loading and unloading fee.
Third, THC should be an integral part of liner freight, and liner conferences separate THC from freight, which violates the meaning of relevant trade terms in Incoterms 2000 of the International Chamber of Commerce.
Fourthly, liner conferences regard THC as a new, fixed and long-term surcharge, which violates the restrictive provisions of the United Nations Code of Conduct for Liner Conferences on surcharges. The surcharge charged by the guild due to sudden or abnormal increase in fees or decrease in income shall be regarded as temporary, and the reason for the charge shall be explained to the owner and relevant information shall be provided, and it shall be revoked immediately after the situation changes.
5. Several liner conferences joined hands to manipulate shipping companies, refused to negotiate and jointly levied THC, which was a price monopoly, discriminated against shippers, seriously deviated from the basic principles of "fairness, freedom and competition" in the international shipping market, and violated the relevant anti-monopoly provisions of Price Law, Anti-Unfair Competition Law and People's Republic of China (PRC) International Shipping Regulations.
Six, the liner conference said that the cost of liner companies has increased because the Ministry of Communications has adjusted the regulations and standards of loading and unloading fees at foreign trade ports, which is obviously inconsistent with the facts. Moreover, the self-reliance fees charged by shipping associations and liner companies violate the relevant management regulations of our country.
Seven. China's outrageous practice of unilaterally enforcing THC without negotiation clearly violates the provisions of the United Nations Code of Conduct for Liner Conferences on negotiation surcharge, and also violates the provisions of relevant laws and regulations of China on fair trade and opposition to forced trading.
8. The statement that "THC is separated from liner freight to increase transparency" organized by shipping associations is also untenable. In fact, the liner company did not deduct THC from the liner freight and reduce the freight to collect THC separately, but added THC to the freight. In fact, this is a liner company's unauthorized establishment of other charging items under the pretext of increasing unreasonable income to pass on the decline in freight rates caused by excess capacity, which is not a reasonable market operation behavior.
On the basis of fully considering the interests and legitimate demands of the shipping company, China put forward some reasonable opinions and suggestions to solve the dispute. Shippers in China sincerely hope that the shipping market will have a fair competition, relatively stable and acceptable freight rate, and oppose the ups and downs of freight rates. At the same time, we insist on regular dialogue between the ship and the cargo, establish a consultation mechanism, and strive for a win-win solution. Domestic shippers hope that the liner company will temporarily withdraw the notice of collecting THC, and suggest that the shipping market is depressed at present, and THC can be added to the freight.
Regrettably, the shipping association lacks the sincerity to solve the problem through consultation. Although the two sides held talks again in 654381October 23rd and1May 23rd, they still failed to reach a consensus on the THC issue and made no substantial progress. Shipping associations and liner companies still insist on enforcing THC. This unilateral act imposed on China shippers is not a normal commercial act, and China shippers cannot accept it. At present, there is a trend of further development. Some liner companies require shippers to sign a letter of guarantee before booking space to ensure that they accept the payment of THC fees, otherwise they will not book space. There is also a threat from the liner company that if the shipowner does not pay the THC fee, he will deduct the goods. This will inevitably affect the normal operation of China's foreign trade import and export business. According to the preliminary calculation, if the IATA successfully implements THC in China, China shippers will pay tens of billions of unreasonable costs this year. This will undoubtedly add insult to injury to the current grim foreign trade situation, and will seriously offset the policy effects of China countries and localities in supporting foreign trade, and greatly weaken the competitiveness of China's export products. Therefore, China shippers should unite and not pay THC for the time being. At the same time, China Shippers' Association is actively reporting the situation to relevant government departments, calling for administration according to law and maintaining normal foreign trade and economic order. Shippers' associations and freight forwarders' associations in Shanghai, Jiangsu and other places have also issued statements or notices about shippers' suspension of payment or boycott of THC.
On April 25th, the National Shipper Work Conference was held in Beijing. The meeting carefully studied the countermeasures. On April 26th, the news forum of China shippers resisting the compulsory implementation of THC was held in Beijing. At the meeting, the cause and process of the dispute between the ship and the cargo about THC were introduced. The local shippers' association introduced the situation of THC collection by liner companies, its impact on local foreign trade and shippers' resistance. Shippers' associations in Hong Kong, Macao, ASEAN, Sri Lanka, Japan and South Korea made position statements, and some representatives spoke at the meeting. Monograph of maritime legal experts; ; /kloc-more than 0/50 well-known shippers issued the Joint Statement on Resolutely Resisting the Enforcement of THC by Shipping Associations and the Statement on Resisting the Enforcement of THC by China Association of Foreign Trade and Economic Cooperation Enterprises, China Association of Enterprises with Foreign Investment and china international freight forwarders association. China shippers strongly demand that individual liner companies be punished for refusing to pay attention to the repeated statements of China shippers and grossly infringing on the dignity and legitimate rights and interests of China shippers.
The forced collection of THC by liner conferences in China violated the price law of People's Republic of China (PRC) (China) and the international shipping regulations of People's Republic of China (PRC) (China). Therefore, China Shippers' Association has reported to the State Development Planning Commission and the Ministry of Communications respectively, requesting that an investigation be conducted in accordance with the above-mentioned laws and regulations and that it be dealt with seriously. The State Planning Commission has repeatedly convened relevant departments, trade associations, shippers and legal experts to discuss, and is now seeking a reasonable solution.