June 12th, 2025 – The leading organization for standard maritime contracts is working to clarify how ocean carriers will pass on the impact of upcoming U.S. port fees targeting Chinese-built and Chinese-operated ships – measures expected to drive shipping costs significantly higher.
BIMCO announced that it has launched development of a standard clause to help the industry manage contractual uncertainty stemming from tariffs imposed by the United States Trade Representative (USTR). These new fees, set to take effect October 14th, were introduced in April and aim to penalize Chinese maritime interests, with potentially sweeping consequences for global shipping networks.
With just five months until enforcement, BIMCO said crafting this clause is a top priority. Legal and commercial experts are already working on its structure, aiming to ensure consistency across contracts. The clause is intended to help shippers and carriers alike navigate the added costs and complexities these USTR measures will introduce.
The fees are expected to significantly increase the cost of seaborne trade with the U.S., according to BIMCO CEO David Loosley, who emphasized that they also introduce difficult contractual and operational decisions for the industry. Container shipping faces heightened challenges due to the nature of vessel rotations, alliance arrangements, and differing port call structures.
Carriers may attempt to limit exposure by removing Chinese-built or operated ships from U.S.-bound rotations or shifting alliance responsibilities, but these efforts are unlikely to be cost-neutral. Container shipping consultancy Bluspark Global noted in an April report that while rerouting or adjusting fleet composition could reduce exposure, carriers will ultimately seek to recover any fees through surcharges.
Bluspark outlined how the USTR fee will be calculated: for Chinese-operated ships, the U.S. will assess a fee based on net tonnage upon a vessel’s first arrival at a U.S. port – up to five times annually – with escalating rates through 2029. Chinese-built ships will face the higher of two options – either this net tonnage fee or a charge based on the number of containers carried.
For example, a 10,000-TEU vessel, weighing approximately 60,000 net tons and capable of carrying 5,000 dry containers, could face a $1.08 million fee based on tonnage in 2025. Alternatively, under the container-based model, the same ship would incur a $600,000 fee.
Bluspark advised shippers to remain vigilant as these charges approach, encouraging customers to ask carriers for transparency around surcharges. It also warned that fee recovery strategies will likely begin appearing in late 2025, making it essential to review the structure and rationale behind any added charges.
As the shipping industry braces for rising costs and logistical reshuffling, BIMCO’s work aims to provide a consistent legal foundation for how these tariffs are applied in contracts – potentially helping to reduce friction during an already volatile period in global trade.
