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Tariff Mitigation through the “First Sale” Option

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Tariff Mitigation through the “First Sale” Option

There is a lesser-known opportunity for companies purchasing goods internationally, particularly from China, to reduce their landed costs and mitigate tariffs.  We’ll explore the option known as “First Sale” in this article.

Read also: The Impact of Tariff Reforms on Emerging Market Trade Flows

We have been successful in numerous “First Sale” engagements that have provided savings from 10-20% of duty costs at the time of customs clearance into the United States.

Importers seeking opportunities to reduce landed costs should assess whether the opportunity to take advantage of the “First Sale” ruling from Customs Border & Protection (CBP) might be open to them.

Basically, the program acknowledges that many foreign purchases are not made directly with overseas factories, but through intermediaries, often referred to as “buying agents”.

CBP opens the door of opportunity in certain import transactions where the fee or commission paid to the intermediary can be deducted from the value declared to CBP. This makes the “First Sale” rule very advantageous in tariff mitigation and in reducing landed costs.

Do not assume, however, that First Sale declaration applies to all purchases through intermediaries. Check with qualified consultants, attorneys and customhouse brokers to ensure compliance.

Accessing the program can be challenging and requires the following steps to meet all the requirements that CBP may challenge you in:

  • You will need to bring the manufacturer and the intermediary into the First Sale process, which may require some serious and mandated requests, as they will be divulging their financial arrangements that may or may not have instead of been transparent previously
  • You need to diligently assess your supply chain to ensure you can utilize First Sale both financially and compliantly.
  • Importers must comply with all CBP regulations and anticipated scrutiny with intense documentation and recordkeeping procedures.
  • Additionally, this will require full cooperation and support from the manufacturer, intermediary/buying agent and your customhouse broker.
  • The burden of proof lies with the importer to provide adequate documentation supporting the use of the first sale value. This requires careful recordkeeping and process management.
  • Keep in mind that CBP, in evaluating your utilization of the First Sale Option, may not agree.
  • You can always obtain a binding ruling from CBP proactively or in most cases utilize the resources of consultants and attorneys who specialize in trade compliance. Experienced customhouse brokers may also be of assistance with the First Sale process.
  • The pictorial below from Asis Briefing depicts the First Sale Export/Import Transaction Flow:

globall trade

Conclusion

The first sale doctrine helps businesses lower import values and tariffs when importing goods into the United States. By using this tool, importers can gain a market advantage, boost profitability, and better manage their “landed costs”. Compliance and thorough documentation are crucial to maximize benefits and minimize risks.

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Managing the Trump Tariffs: Lower the Cost in Manufacturing & Distribution: The Benefits of Foreign Trade Zones

The Trump administration’s tariffs have caused a high degree of angst, chaos, disruption and uncertainty in global trade. Executive orders are coming at us at 90 MPH, are somewhat ambiguous and difficult to interpret clearly and precisely. Even the government agencies such as Customs & Border Protection (CBP) struggle to comprehensively understand what Trump is executing and if he is covering all the bases.

Read also: Foreign Trade Zones, Bonded Warehouses and Free Trade Agreements: Lowering Your “Landed Costs”

Any professional involved in trade compliance and global supply chain is finding it extremely difficult to keep up with all the new regulations and understanding how they apply.  And then there is the consistent back-peddling, possibly reversing decisions made.

Companies based in the USA can lower the cost of their manufacturing, distribution, and supply chain model when the Foreign Trade Zone (FTZ) is utilized.

FTZ’s are defined as:

Foreign-trade zones are designated sites licensed by the Foreign-Trade Zones (FTZ) Board (Commerce Secretary is Chairperson) at which special customs procedures may be used. These procedures allow domestic activity involving foreign items to take place prior to formal customs entry. Duty-free treatment is accorded items that are re-exported and duty payment is deferred on items sold in the U.S. market, thus offsetting customs advantages available to overseas producers who compete with producers located in the United States. Subzones/usage-driven sites are approved for a specific company/use. A site which has been granted zone status may not be used for zone activity until the site or a section thereof has been separately approved for FTZ activation by local U.S. Customs and Border Protection (CBP) officials, and the zone activity remains under the supervision of CBP. FTZ sites and facilities remain within the jurisdiction of local, state or federal governments or agencies

Many manufacturers in the United States are interested in the following:

– Reshoring

– Lowering Landed and Operational Costs

– Reducing risk in their supply chain

– Gaining better control over resiliency, sustainability and stability over their global footprint

For those primary reasons there is a growing trend for business models to add foreign-trade zones to their business models. 

Typically, companies believe that FTZ’s are unique to the coastline, ports and oceanside entry gateways.  But that is a misnomer, as there are numerous FTZ’s operating in various inland gateways in Columbus OH, Denver CO, Greer SC, and Albany NY … to name a few inland points of FTZ-activated sites.

CBP, which is involved in enforcement, has to be in a geographic position to support its efforts of site management and compliance with FTZ customs regulations.

Specifically, the FTZ guidelines dictate the following:

Zone sites must be within or adjacent to a U.S. Customs and Border Protection (CBP) port of entry. 

The adjacency requirement can be satisfied if one of the following factors is met:

1. The zone or subzone site is within the limits of a CBP port of entry.

2. The zone or subzone site is within 60 statute miles of the outer limits of a CBP port of entry.

3. The zone or subzone site is within 90 minutes’ driving time from the outer limits of a CBP port of entry as verified by the CBP Service Port Director.

4. For subzones only: subzone sites that are outside the 60 miles/90 minutes driving time from the outer limits of the CBP port of entry may alternatively qualify to be considered adjacent if they work with the CBP Port Director to ensure that proper oversight measures are in place.

Additionally, there is another misnomer that FTZ’s are complicated, expensive, and difficult supply chain initiatives.

Nothing can be further than the truth, as under a proper and organized FTZ implementation process they are viable options and more easily accomplished than one would think possible. 

For example, manufacturers, distributors and 3PL’s located in a land-locked state like Colorado can easily take advantage of Foreign Trade Zones, such as those in the Denver area.

FTZ’s can be operated in your own location or in a third-party facility. Manufacturers are more likely than not to have the FTZ in their own facility, but many companies will utilize a third party FTZ in distribution.

The FTZ Board, part of the Department of Commerce, is the lead agency for FTZ authorization. Compliance and oversight are delegated to local CBP Offices. 

Merchandise in a zone may be assembled, exhibited, cleaned, manipulated, manufactured, mixed, processed, relabeled, repackaged, repaired, salvaged, sampled, stored, tested, displayed and destroyed.

Production activity must be specifically authorized by the FTZ Board. (Production activity is defined as activity involving the substantial transformation of a foreign article or activity involving a change in the condition of the article which results in a change in the customs classification of the article or in its eligibility for entry for consumption.)

Every supply chain executive has as a primary responsibility for the need to reduce risk and spend in the business models they operate.

Most governments around the world open the door to access what we here in the United States call Foreign-Trade Zones, known outside the US as Free Trade Zones.

FTZ’s provide an avenue to both lower risk and spend in the global supply chain and can also assist with business process and operational and administrative advantages for those responsible for international sales, customer service and logistics.

The FTZ sits outside the U.S. economy, though physically located within our geographic limits. Basically, it affords an importer the ability to move goods into a warehousing/manufacturing/distribution facility here in the USA, without creating a customs clearance and defer paying any duties and taxes.

Companies eligible for Foreign Trade Zone are:

  • Manufacturers and Distributors
  • Principal Importers and Exporters
  • Service Providers
  • 3PL’s
  • Warehouseman, Carriers and alike servicing the international trade community 

The benefits of the FTZ are numerous and can be unique to certain supply chains:

  • Duty Exemption. … 
  • Duty Deferral. … 
  • Duty Reduction (Inverted Tariff) … 
  • Reduction of Customs Clearance Costs
  • Merchandise Processing Fee (MPF) Reduction. … 
  • Quota Avoidance. … 
  • Streamlined Logistics. … 
  • Other Cash Flow Benefits. …
  • Potential access to state and local tax and grant considerations

The process to obtain a FTZ has both a commercial and a government interface.

Simply stated, the process is briefly outlined as follows:

The FTZ board part of the Department of Commerce has national oversight. Enforcement is outsourced to CBP (Customs Border & Protection).

Washington provides authorization to the various states who further work with chosen local agencies, such as but not limited to commercial parties, economic development agencies, world trade centers and other like organizations.

These agencies become local “grantees” and have local authority for FTZ Administration. The local CBP Office creates an activation process and manages all aspects of FTZ regulatory compliance. 

If the FTZ includes manufacturing or assembly, The FTZ Board in Washington becomes very much more involved in FTZ authorization process and enforcement. 

The specific terminology once again is as follows: 

Foreign-trade zones are designated sites licensed by the Foreign-Trade Zones (FTZ) Board (Commerce Secretary is Chairperson) at which special customs procedures may be used. These procedures allow domestic activity involving foreign items to take place prior to formal customs entry. Duty-free treatment is accorded items that are re-exported, and duty payment is deferred on items sold in the U.S. market, thus offsetting customs advantages available to overseas producers who compete with producers located in the United States. Subzones/usage-driven sites are approved for a specific company/use. A site which has been granted zone status may not be used for zone activity until the site or a section thereof has been separately approved for FTZ activation by local U.S. Customs and Border Protection (CBP) officials, and the zone activity remains under the supervision of CBP. FTZ sites and facilities remain within the jurisdiction of local, state or federal governments or agencies. 

Manufacturing and assembly as compared to flow-through inventory and distribution create additional challenges and government controls.

We recommend that companies with a global footprint consider FTZ’s as a means to lower landed costs and we further recommend evaluating outsourcing the responsibility to a 3PL who specializes in FTZ services.

Though the process can be daunting, if you utilize professional assistance the process can be more easily managed. As a specialized consulting company, Blue Tiger International (www.bluetigerintl.com) works nationally to assist companies in navigating the challenges of FTZ implementation and management.

We have the ability to assess the financial benefits and operating needs for your entry into the FTZ in addition to the experience and knowledgeable personnel to support you in any FTZ initiative.

We have developed a four-step process that assures companies of FTZ evaluation and implementation success.

This four-step process can take anywhere from 60-120 Days. The process includes:

  • Extensive collection of import, export and if manufacturing, operational data
  • Identifying financial gain and costing structure to create a “ROI”.
  • Evaluate operational needs, modifications and technology to make the FTZ function
  • Assure compliance with FTZ and local regulations are met

The FTZ Activation Process is as follows:

Additional consideration in the FTZ process:

  • Training for management and operational personnel
  • Creation of SOP’s
  • Utilization of technology to track the product through the import, FTZ entry, manufacturing and/or distribution, inventory, WIP, import or export from the FTZ
  • Local Fees to Grantee
  • Approvals, when necessary, from local agencies, when required by state or local law
  • Alignment of all the divisions and departments in your organization: Senior Management, Finance, Legal, Manufacturing, Operations, Demand Planning/Inventory, Sales, Customer Service, Supply Chain and HR.

Companies that utilize FTZ’s will work in three primary areas of control: Compliance, Security and Product Accountability. 

The three key pillars of success in obtaining FTZ status is in these areas:

These three pillars must be demonstrated to the Grantee and CBP in the application for FTZ activation. It is prudent to gain support from professional FTZ management companies that can guide you through the process utilizing their resources, experience, and skill sets.

April 2025 Update:

The Trump Administration has temporarily put Executive Orders in place that require inbound shipments to FTZ’s to be declared “privileged foreign” when entered, from China and potentially other reciprocal tariff impacted countries. The rate of duty would then be applicable to when the goods entered the FTZ and not when they exit.  Duty deferral is still available as a primary benefit. Other benefits include reduced customs clearance charges along with potential tariff inversion opportunities.

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Managing The Supply Chain through Disruption: The 2024 ILA Strike on the Gulf and East Coasts

Managing our supply chain through Covid taught us many lessons and should have prepared us for any future disruptive events such as we are likely to face with the impending strike of our longshoremen on the Gulf and East Coasts, who, as we have been advised, walked out of negotiations in June and very little progress has been made to negotiate a successful new contract. The last time this peril occurred brings us back to 1977.

Read also: Implications of Looming Labor Strikes on U.S. Container Trade and Supply Chains 

On the face of the known information flow, the two parties are wide and far apart. The carrier community does not want a strike, but the likelihood is high.

If this strike moves forward, the operational and financial consequences will be severe.  And in conjunction with the current instability in global markets, the strike will be the source of devastation, disruption and serious dilemma to thousands of supply chains serviced in the eastern part of the United States, not to mention the overall collateral residual impact to the entire global supply chain, marketplace and local economies.

Supply Chain managers were warned about this potential impact back in the spring and should have already taken steps to mitigate their potential issues by:

a.  Stocking up

b. Diverting freight to alternative ports

c. Finding alternative sources

d. Reserving and preserving the flow of assets

e. Modifying supply chain expectations

f. Creating alternative solutions

IF these steps were not taken most supply chains will struggle intensely with little relief.

Keeping the enormity of this challenge in mind, we can still take steps to mitigate our risks and limit operational/financial exposures.

We need to consider doing the following steps:

1. Create an internal committee of stakeholders, led by the logistics team, to determine what the consequences will be to their supply chain, their customers, vendors, and any collateral-impacted parties.

All these entities need to be communicated to proactively and advising what steps will be taken to mitigate and offset the disruption.

Internal stakeholders are likely to include:

a. Procurement

b. Operations

c. Manufacturing

d. Distribution

e. Sales

f. Customer Service

g. Demand Planning

h. Inventory Management

i. Legal & Finance

2. That assembled team needs to identify all the risks, vulnerabilities and exposures and rank them by severity. That ranking will determine where action will be prioritized.

A SWOT Analysis may be considered (Strengths, Weaknesses, Opportunities and Threats) which might provide input into the decision-making process.

Vulnerabilities need to be identified and prioritized for proactive mitigation actions.

3. The team will create an “action plan” outlining what steps will be taken, by whom, by when and identify the expectations of the action. Lines of responsibility and accountability need to be created and managed.

In some organizations the plan may need senior management review, input and approval before proceeding. 

4. Senior management may be brought into the discussion:

  • To provide their insight and experience
  • To prepare for the anticipated consequences
  • To allocate resources and funding requirements
  • To ensure that the Business Owners and/or the Board of Directors are communicated and informed of circumstances and potential impacts to the business.

5. Additionally, all internal and external impacted parties must be brought into the communication chain to run transparently, openly and allow an interface for action review, modification or tweaking.

6. Some specific action steps to consider:

a. Work with your service providers and carriers to coordinate potential options within their areas of expertise and scope of capability

b. Identify options within every aspect of the supply chain:  suppliers, routing and transport, distribution, sources, alternatives, demand planning, inventory structure, etc.

c. For any service providers or carriers that called on you in the last year but did not win your business, now is the time to contact them to determine what options and solutions they may have. This becomes their opportunity “to get their foot in the door.”

d. For shipping, consider air freight, but restrict it to only the necessary quantities required to minimize this expense.  Air Freight prices will likely rise and space availability will be limited; the sooner you make these arrangements, the better.)

e. Closely work with all your trading partners on very focused demand planning needs to know what specific quantities and time frames are absolutely needed so options and shipping plans can be executed as necessary.

f. Consider near-sourcing solutions in the USA, Canada & Mexico, which through Covid all have ramped up their domestic manufacturing capabilities.

g. Preserve inventory. Begin to distribute limited quantities. Be conservative but communicative in your approach to all impacted parties. 

We do not know how long the strike disruption will last. Preservation of assets is now warranted.

Disruptions can also create opportunities.  Downtime may afford the following:

a. Taking time to manage some house cleaning

b. Reorganizing inventory

c. Resetting operations

d. Experimenting and trial testing

e. Seeking alternative sourcing

f. Personnel training

g. Reallocation of assets

h. Finalizing open projects

Summary

Disruptions will always happen. To what degree and extent is always the unknown.

How we proactively and reactively prepare will impact the consequences of the disruption to our supply chain and business model.

When they occur keep in mind some additional thoughts:

a. Transparency, timely communications and responsible business acumen will go a long way in managing the impact of any disruptive event.

b. A “Team Approach” has a higher degree of success than does independent activity. As in the Navy, “All hands-on Deck!”

c. Turning over as many stones imaginable will increase the opportunities of finding solutions.

d. You may have to reduce the normal process of change management and cut some corners, expedite actions and accept more risk than usual.

e. Risk taking should include intense, well-thought-out and informed decision-making.

f. Always keep in mind that expediency in analysis, followed closely by swift action, creates the best opportunity for mitigation.

g. Continually evaluate your thought process and actions to modify, tweak and change as the circumstances warrant.

Disruptions will usually end after they run their course.  And new disruptive events yet unknown or anticipated will be in your future – as sure as death and taxes.

Mitigation strategies reduce their negative impact and bring us through a learning curve that better prepares us for the next one.

Disruptions can make us stronger, more resilient and better prepared to deal with future dire circumstances, affording the best opportunity for business sustainability – a goal most organizations strive for!

global trade

Managing Risk With Trade Compliance In Global Supply Chains

When we view the risks associated with global supply chain management, trade compliance stands out as an area often misunderstood, miscalculated and at times misaligned with corporate cultures of compliance and operational excellence.

It often is also not appropriately aligned with corporate sustainability, resiliency and adherence to company policies, credos and goals. While we are seeing this beginning to gain ground in some larger public companies, we are continuing to witness a huge void in small, medium and larger organizations.

Typically, when an infraction on an import or export transaction or trade compliance issue arises that no one saw coming, it sets off the alarm bells of corporate governance. This leads to scrutiny from all levels of management and legal oversight … causing discomfort, stress and often chaos. 

Read also: Resiliency, Wherever You Can Get It: Uncertainty In Global Supply Chains Is Going To Stay

When I began my supply chain career in the 1980s, “trade compliance” was heard but it was a benign factor in global trade. Only the most serious goods related to the military were scrutinized on exports and importing into the U.S. was a routine process.

Historically, the turning point was the Customs Modernization Act of 1993, which changed the entire landscape of imports into the States. Furthermore, it changed the relationship between U.S. Customs and Border Protection (CBP), brokers and principal importers.

Trade compliance, like any aspect of global supply chain—procurement, manufacturing, operations, distribution, import/export, customer service, sales, finance, and other related silos—became a more important aspect of the global supply chain in 1993, but it took a huge leap forward following the events of 9/11. 

From that point forward, trade compliance took on a whole new meaning and continues to do so in 2024. Trade compliance has become a much more integral and functioning component of larger corporations and made a more serious medium in smaller importers and exporters.

Managing trade compliance responsibilities prevents supply chain disruption, mitigates exposures to fines and penalties, avoids civil and criminal prosecutions. Public companies can gain Sarbanes-Oxley compliance, while for private companies a best practice culture is created. Trade compliance opens the door for better run supply chains, faster movement through the border and potentially less delay.

Trade compliance can be utilized to gain access to reducing “Landed Costs,” including:

  • Foreign Trade Zones
  • Bonded Warehousing
  • Container Freight Stations
  • Drawback Opportunities

It can provide access to the Customs Trade Partnership Against Terrorism and the CTPAT Trade Compliance Program, where a host of benefits are gained. And it keeps management out of time-consuming compliance issues, allowing execs to focus on business development and sustainability matters.

Trade compliance management can be viewed as both a Risk Management Silo or a Best Practice Silo in a company, depending upon how the silo is utilized and its role in the corporate structure. In the most likely circumstances, in most global supply chains we would weigh trade compliance as 70% prevention and 30% opportunity. 

Government agencies actively involved in trade compliance include CBP, Alcohol, Tobacco and Firearms, the Food and Drug Administration and the departments of State, Justice, Commerce, Treasury, Agriculture and Homeland Security, to name a few of the more than 20 agencies that interface with the import and export supply chain, from a regulatory perspective.

There are four pillars of trade compliance: due diligence, reasonable care, supervision and control and proactive engagement.

Due diligence and reasonable care are defined by court precedence, common practice and interpretation of CBP and other government agencies in enforcement proceedings. In other words, it is a concerted, responsible and comprehensive effort put forth by a company and the individuals responsible for trade compliance to actively pursue the compliant operations in their global supply chain according to the import and export regulations that apply to their business model.

The concept of supervision and control refers to the typical scenario where importers and exporters outsource much of their supply chain responsibilities to service providers, channel partners, freight forwarders, customshouse brokers, direct carriers, 3PLs and other related parties.

Though the work is outsourced, the government mandates that the principal importer and exporter supervise and control those actions of their engaged third parties. This means that the principal importer and exporter create capabilities followed by controls to responsibly supervise their activities. In fact, that supervision can be outsourced to third party auditing and inspection type companies. This would not usurp responsibility; the principal importer and exporter is simply enlisting professional assistance in the review process.

Proactive engagement may not be specifically written into government regulations, but it is implied in the enforcement practices of the various agencies outlined previously and is something we supply chain consultants with over 35 years of experience have learned. More specifically, there is an implied responsibility that the government expects, which is that the company and the personnel involved in trade compliance will proactively outreach to develop an information flow, resources, skill set development and practical guidance on how to responsibly manage trade compliance in your company’s global supply chain.

Examples of such outreach include:

  • Joining trade compliance organizations, such as the International Compliance Professionals Association (ICPA)
  • Engaging in trade compliance training
  • Working with consultants, attorneys and service providers that have expertise in trade compliance.
  • Attending government outreach events sponsored by agencies including CBP, the Census Bureau and the Bureau of Industry and Security
  • Studying and developing trade compliance skill sets through various mediums and documenting same

When we consider the four pillars, the natural question that arises is, “How are those standards best achieved?” That question weighs into our experience over 35 years in managing trade compliance matters, being engaged in the global supply chain industry and being involved in all sorts of compliance cases, problem resolutions and in the development of best practices.

This can only be achieved if senior management strongly endorse a trade compliance management culture in their organization. Additionally, proper funding, support and guidance need to be in the senior management team’s credo.

An internal memo and doctrine notating and documenting that support needs to be published publicly and regularly re-endorsed.

A point person, potentially supported by a committee of stakeholders, should be designated to lead trade compliance initiatives in the organization. It may be a full-time position or part of an individual’s job description.

If there is leadership, follow-through and proactive engagement, the structure can vary and succeed.

Standard operating procedures are a significant and important methodology in keeping a company aligned in trade compliance adherence. It also demonstrates to government agencies your organization’s commitment in writing to how trade compliance will be managed in your company.

Training from an oversight perspective should be mandated to all stakeholders in the import and export operation, including procurement, sales, customer service, finance, operations, manufacturing, legal, distribution and senior management. It should be thorough, comprehensive and timely, occurring periodically and with the new hire of personnel in the supply chain.

Technology can be utilized as a major tool to support trade compliance management responsibilities. Classifications, denied parties checking, record keeping and auditing are examples of technology interface in trade compliance management. Artificial intelligence is also developing as an important tech gain helping companies manage trade compliance programs. 

Auditing is a requirement demonstrating due diligence and reasonable care in assuring your company is operating compliantly. It can assign degrees of compliance, provide recommendations for improvements or efficiencies, and can hold personnel and systems accountable for their performance in compliance responsibilities.

Trade compliance management is certainly a risk management policy for corporations to follow. More importantly, it can be utilized in foreign trade zones and drawback programs that can not only minimize risk but reduce landed costs and earn revenue gains in the organization’s bottom-line.

Author Bio

Thomas A. Cook is a seasoned global supply chain professional, author of more than 20 books on global trade and managing director of Blue Tiger International. He can be reached at tomcook@bluetigerintl.com or (516) 359-6232.

global trade management

Best Practices, Resiliency, Risk Management And Sustainability In 2024

Companies with global footprints are now defining their strategic plans for the next three to five years. For many companies the first long-term planning since the pandemic put us in perpetual react mode.

Read also: Supply Chain: Challenges and Key Solutions 

From February 2020 to December 2022, the pandemic created disruption, delays, additional costs, and uncertainty.

From December 2022 until the spring of 2023, the state of global trade, supply chain and logistics very rapidly reverted to pre-pandemic scenarios.

The rebound happened very fast, was unexpected and moved so quickly that it caught every person in business and government by surprise.

The only area where change did not occur was “uncertainty.” 

The big 2024 question is this: Is uncertainty going to continue, subside, grow, or morph into a new scenario that we will have to learn how to deal with, as we had with COVID?

As that dilemma continues, we in global supply chain, operations, manufacturing, procurement, distribution, and management must plan ahead.

Our experience in managing disruption and change over 40 years has brought us to certain conclusions that can guide us in planning when uncertainty is looming.

Each of the following areas offer us a blueprint for strategically thinking through our options and devising our strategy for what many refer to as … “The New Norm.”

This two-part article offers insight and guidance for the 3- to 5-year strategic planning process. “The Management Structure” follows the critical tops-down senior-management driven planning process, then in “Additional Considerations and Challenges,” I discuss macro areas of uncertainty that must be incorporated into your planning—from geo-politics to the global economy.

THE MANAGEMENT STRUCTURE

The five cornerstones of top-down strategic planning, engaging senior management are:

  • Understand the long-term goals of senior management. 
  • Collaborate with senior management in how to best achieve those goals. 
  • Turn those collaborative processes into tactical concepts. 
  • Establish a committee of stakeholders. 
  • Create the plan and execute, once senior management “buys in.”

These cornerstones are very straight forward and easily executed. Four to six weeks should be allocated for that process. Once the strategic plan has been agreed to, the tactics need to be organized, as follows:

  • Logistics 
  • Distribution 
  • Demand Planning 
  • Customer Service 
  • Manufacturing 
  • Technology

The strategic plan and follow-on tactical plan should take in the following considerations:

LOGISTICS: You need to conduct a review and possibly issue an RFP to determine what service providers and carriers with whom you can:

Depend upon consistently.

  • Develop a “partnership” relationship.
  • Obtain the balance between price, service and value-added.
  • Develop solutions as challenges arise in freight, transportation, and international shipping.
  • Employ comprehensive and integrated technology solutions.

DISTRIBUTION: The cost of distribution skyrocketed through the pandemic and continues to be an expensive area of supply chain. We expect that as demand dissipates, distribution—which combines warehousing, inventory management and shipping—will once again have competitively priced offerings.

Other factors:

  • A study on the demographics of your customer base
  • The number, size, functionality, and location of your distribution locations
  • Should the locations be turned into Bonded or Foreign Trade Zones, where additional financial and operating benefits can be achieved?
  • Can the distribution process be improved with technology and/or business process enhancements?
  • Should we control distribution or outsource and utilize a 3PL that specializes in distribution?

DEMAND PLANNING: At best a “best guess” of future inventory needs, demand planning does have a parameter or “sweet spot” that can be established with an acceptable range for accuracy. We like +/- 5%, but each industry and business model will establish its own forecast threshold.

Demand planning simplified includes two driving factors: historical data and anticipated need. Historical data can typically be obtained easily, and it generally is reasonably accurate. It is around the area of anticipated need which requires outreach by sales and customer service to existing accounts and key prospects to develop that anticipated need. That need is usually more subjective and prone to higher degree of inaccuracy due to multiple factors, which can include a lack of seriousness, diligence and persistence of customer service and sales personnel interfacing with their client priorities or in other words, “Don’t push the client too hard.” 

The art and science of demand planning, through the utilization of technology, predictive analysis techniques along with artificial intelligence (AI) can minimize the discrepancies and bring along more accurate predictions. 

Holding customer service and sales personnel accountable to obtain quality, accurate and dependable demand data from the clients, however, requires no investment in technology or AI and is often the most accurate—and as such is a necessary component of demand planning.

CUSTOMER SERVICE: Managers of customer service must raise the bar of providing customer care, differentiation and value add into the service portfolio.

Many companies are moving to technology to reduce cost, which has been successful in reducing cost but more likely at the expense of frustrated customers.

Leaders must consciously discern between where technology can be utilized as an advantage in client relationships and where human interaction provides a better option.

Personalization in customer service is making a comeback and companies that emphasize this methodology may see some additional cost, but that is ultimately outweighed by higher margins and more sustainable client relations.

MANUFACTURING: Companies are assessing their manufacturing options and, in some cases, diversifying manufacturing as a risk management strategy, including seeking alternative sources such as nearshoring and friend-shoring.

Reducing manpower needs in manufacturing is a good example of a strong strategic plan as blue collar American-based manufacturer workers are few and far between. 

Technology can be utilized successfully in manufacturing as a business process enhancement, reducing manpower needs and providing cost effective efficiencies.

AI also has been utilized in manufacturing to streamline process and reduce manual labor including in-person oversight and supervision.

Automating Quality Control (QC) is also another option in reducing labor costs and simultaneously eliminating human errors.

Manufacturing conducted in Foreign Trade Zones is another option that can provide significant benefit in lowering landed costs, reducing import charges, deferring duty obligations, and affording tariff inversions.

TECHNOLOGY: Technology is moving at the speed of light and AI is becoming a huge contributor to technology’s growth and value-add in its applications in global supply chain management.

In every area we outlined above technology plays a role in process, communication, assessment, planning and in execution.

We must create a balanced approach in recognizing where technology can provide benefit and where it may not, drawing the conclusion that we need to not overuse technology where it ends up having a negative impact on our business model.

The chief technology officer, often a new seat in the C-Suite, can manage the technology strategy and provide informed guidance on where, how, and when specific areas of the global supply chain can move forward with technology enhancements that offer “enterprise solutions.”

Technology in the global supply chain includes the following:

  • Total integration with all parties in a global transaction.
  • Provides 100% transparency to information and data.
  • Provides the platform for analysis, tied into AI … can provide extraordinary data that help in making better, more informed decisions.
  • Ties into one platform … sourcing, purchasing, vendor management, supply chain, demand planning, manufacturing, inventory, warehousing, distribution, customer service and accounting.
  • Provides robust information flows, management reports and utilizes AI for analysis.

ADDITIONAL CONSIDERATIONS AND CHALLENGES

Moving beyond the top-down strategic planning process, in this section we explore the other key considerations and challenges that we face in doing business in 2024 and beyond, all of which must be factored into our long-term planning.

THE ECONOMY AND A RECESSION: We are experiencing an uncertain economic picture:

  • Recession still a possibility 
  • Tightening of the money supply
  • Significant discourse in Washington, with the two dominate political parties rarely being able to create “bridges and compromises.”
  • A major downturn in import volumes, consumer purchasing and unused inventories.

All these factors must be weighed into any strategic decision that management in global supply chain will make.

Additionally, global demand has fallen off a cliff, creating a rise in transport capacity. 

Carriers, service providers and all aspects of the global supply chain are likely to slide. In fact, most international carriers in air and ocean freight along with domestic trucking have all been diminished, creating a pull back on asset placement, development and utilization.

Transportation in general is “pulling back.” Large trucking companies like Yellow Freight fell into bankruptcy, causing further disruption and a loss of capacity.

The shift in transportation services and capacity must be considered in establishing an informed strategy and business plan.

TRADE COMPLIANCE MANAGEMENT: Sanctions are still increasing—in number and severity. This is causing political discourse with retaliatory actions from our trading partners, particularly China, Russia and Iran.

Customs & Border Protection (CBP) has brought social compliance into its purview and is now further threatening some of our trading partners—such as China once again—with respect to “forced labor” practices.

CBP is still practicing enforced compliance and focused assessments, making the lives of import managers much more challenging.

And as the importance of corporate trade compliance management grows, its value in managing growth, spend, profits, and sustainability is evident in all supply chain business models. 

As a result, having point personnel who manage trade compliance is even more a full-time job with any company developing a formidable global reach.

THE RUSSIAN-UKRAINE CONFLICT: The United States and most of the West are providing billions of dollars of support to Ukraine and sanctioning Russia intensely. The U.S. and certain western allies are providing other levels of military and economic support to Ukraine, both directly and indirectly.

The region has witnessed great impact and even if the war ended today, the damage and upheaval in Ukraine will take decades to reverse.

Global trade has seen a residual impact in certain areas of agriculture, manufacturing, raw materials, precious metals and several other products and commodities.

Russia has paid a huge price in their image and place in the world geopolitically and may never recover to its international standing again.

The cost to the West is high and the outlay of all the military and economic aid is beginning to stress numerous politicians, governments, and the will of the masses in many countries. The U.S. support of Ukraine will no doubt play into November’s presidential election.

In the face of a constantly changing sanctions landscape, once again we emphasize the need for dedicated, well-trained personnel who manage trade compliance at the corporate level.

RISK MANAGEMENT MINDSET: Supply chain managers are quickly developing a “risk management” mindset in their operational and planning responsibilities.

A risk management mindset includes:

  • Assessing and evaluating where risk exists in every nook and cranny in the global supply chain.
  • Collaboratively working with senior management in understanding the “degree and taste for risk” in their company’s culture and business model.
  • Measuring the risks and their impact to the organization and more specifically the supply chain.
  • Creating and implementing solutions, where possible, to mitigate risk, accept risk or transfer risk.
  • Adapting supply chain policies where reducing risk and spend take high priority in the decision-making process.

While cost will always be an important factor in our supply chain decision-making, risk control and mitigation now carry much more weight.

SUPPLY CHAIN MANAGEMENT IN THE C-SUITE

The pandemic has elevated the relevance and importance of supply chains in every business vertical, every company and country in the world.

Today, the supply chain manager is likely to have “a seat at the table” in the running of an organization, become part of the senior management team; witness the chief supply chain officer position.

We believe this to be a positive consequence of the supply chain disruption from the pandemic. It now affords supply chain managers a greater and more important role in designing overall business models, operations, resilient and sustainable practices.

CREATIVE JUICES FLOWING

To survive the pandemic-driven consequences of cost increases, delays and uncertainty, supply chain managers met those challenges by:

  • Being diligent, working harder and smarter.
  • Developing creative solutions and trying techniques never-before utilized. 
  • Taking better, well-thought-out risks to make things happen.
  • Collaborating intensively up to senior management, internally to other stakeholders, with vendors and suppliers, and with customers.
  • Making the significant effort to influence the behavior of others in the above collaborations.
  • Developing successful communication skills. 
  • Finding and exploiting additional and robust resources. 
  • Leading subordinates, colleagues, stakeholders in directions not yet travelled, and doing it timely and comprehensively.

The supply chain managers who rose to the occasion and did well were, in most cases, shown appreciation by their senior management and their profile and significance in the organization was raised.

It is likely that from now on, supply chain management is clearly identified as a critical aspect of any company’s business model.

Creating and executing a strategic plan in the global supply chain will greatly assist a company at meeting both its short-term and long-term planning objectives. Additionally, being prepared for disruption and bringing forward ideas to mitigate risk and spend is a “Best Practice” to be followed, managed, and cherished by all prudent and successful business managers. 

Our “Best Practices in Global Trade” columnist Thomas A. Cook is a seasoned global supply chain professional, author of more than 20 books on global trade and managing director of Blue Tiger International. He can be reached at tomcook@bluetigerintl.com or (516) 359-6232. 

company

Reducing Costs In The Global Supply Chain: The Drawback Program For Exporters/Importers

Companies engaged in global trade can apply for access to the drawback program administered by U.S. Customs and Border Protection (CBP). This program provides a refund on duties and taxes that were previously imported and have now been exported. 

Usage of the drawback program is a tool companies can use to reduce operating costs. The program may be used for goods that are unused, rejected or manufactured. 

The drawback program has several key factors that provide leverage to eligible companies. 

THE PROCESS

The process to submit a drawback claim and collect a duty refund is an evidence-based undertaking. Companies must have the required import, export and inventory documentation to support the drawback claim.

The drawback applicant prepares a detailed sample to CBP including lot numbers or product stock keeping units (SKUs) to tie the product to the import and export transaction. This presentation is submitted to CBP electronically using approved software. 

Documentation specifically supporting the drawback claim will include bills of lading, commercial invoices, packing lists and 7501 entry forms for the inbound portion. 

Documentation supporting the outbound piece will include the commercial invoice and bill of lading. Exports to Canada and Mexico will also require data elements from the Canadian B3 and the Mexican pedimento (CBP 7501 equivalents). 

RETRO ADVANTAGE

Drawback claims may be filed for up to five years from the import date. When this occurs, it can be a windfall for a company resulting in a sizeable check when the retroactive drawback claims are paid. 

It is key to appreciate that it takes some digging (excavating) through documents, receipts and recordkeeping systems to obtain historical data.

In the event a company determines it does not have complete documentation to support the claim, they will find themselves requesting this documentation from their customs brokers, freight forwarders, carriers and third-party providers. 

Therefore, it is incumbent upon a company to ensure they are maintaining accurate and required documents as part of their import/export recordkeeping process. This may also require working internally with the finance and information technology (IT) department to obtain the necessary details required.

NOT THE “IMPORTER OR EXPORTER”

A company may submit a drawback claim for goods on which they may not have been the importer of record or the actual exporter. This can be a bit tricky to manage. 

For the import side, the company would need to be able to collect evidence that the domestic purchase price included duties and taxes and an ability to support that claim from the supplier. The CBP7501 data elements would also be required to submit the drawback claim. The actual importer of record may be reluctant to provide this level of detail. The assistance of a third party to broker and address this challenge can be beneficial.

Where the drawback claimant is not the exporter, the company will need to obtain an export waiver from the actual exporter. Additionally, the supporting documentation will be required to provide the export data elements. 

This process is doable and over the years, we have helped companies successfully meet this challenge. However, we would be remiss not to mention it requires a substantial amount of coordination and collaboration with sellers and buyers (vendors and customers). 

Service providers with robust technology platforms can also be helpful in providing the necessary data.

FORMS OF DRAWBACK

In weighing a company’s eligibility for drawback, it is important to understand the different types of drawbacks. The most common types are:

  • Unused Merchandise 
  • Manufactured Merchandise
  • Rejected Merchandise
  • Destruction

There are other types of drawbacks that are specialized and focus on specific industries and business models.  

DRAWBACK CHALLENGES

The challenges faced in coordinating drawback claims may include management support, cross organizational support, IT support, data collection and data integration. These challenges can be resolved through an organized and responsible management process, utilization of professional support and being both diligent and patient through the process.

To manage these challenges successfully, over the past 20 years we have developed a four-step process:

  1. Assessment
  2. Financial Model
  3. Operational Model
  4. Application

The process begins with an intellectual assessment of your company’s likelihood (or not) to benefit from a drawback program. The financial model creates the costs and the gains associated with a drawback claim to assure a responsible and realistic return on investment. 

ADDITIONAL FACTORS

The drawback process has been somewhat simplified by the ability to submit a combined application. This application will include a waiver of the notice of intent to export for past exports, a waiver of notice of intent for future exports, and a request for accelerated payment of the drawback claim by CBP. 

NEXT STEPS

Should you decide you are interested in a drawback, options for additional information and next steps include accessing the websites of both CBP and Blue Tiger. 

Drawback | U.S. Customs and Border Protection (cbp.gov) 

Management Consulting | Blue Tiger International (bluetigerintl.com)

We recommend first assessing the opportunity and benefits of committing to drawback to decide the need to move forward. Once that decision has been made, create a financial model addressing costs and time required to manage a drawback program to determine the return on investment and justify the decision to move forward.

Should the ROI be sufficient to move ahead, you need to assess what operational changes will be needed to collect the necessary data on imports and exports to create an accurate and detailed drawback claim.

Consider aligning your company’s technology with the required data elements or work with a drawback intermediary who will act as an interface on your behalf. These companies typically charge a fee of 5% to 25% of monies collected, paid on a contingent basis. The amount is determined by the degree of difficulty in making the specific drawback program function as required by CBP.

The use of a consultant or drawback intermediary is a potentially good option as they will smooth out the process and expedite the ability to avoid delays, address challenges and, most importantly, help expedite payment of your drawback claim.

Author Bio

Thomas A. Cook is a seasoned global supply chain professional, author of more than 20 books on global trade and managing director of Blue Tiger International. He can be reached at tomcook@bluetigerintl.com or (516) 359-6232. 

transfix container ocean freight ASIA mycarrierpackets

Managing the Costs of Global Freight + Logistics: Ten Working & Salient Solutions – Tried, Tested and Proven!

Freight is a critical component of landed cost for both importers and exporters. It can become a serious expenditure, impacting margins and profitability.

The Pandemic impacted every aspect of the global freight market. This included all areas of the world, all products, all trade lanes and all modes of transit.

As an example, ocean freight costs in January 2020, on a 40’ container from Shanghai, China to Long Beach, CA ranged in cost from $1200-$2500 depending on volume factors.

The average cost for that same container in November of 2021 was $16,000-$22,000 and in some lanes premium service was in excess of $25,000.

Average air freight costs went from $1.80/kilo to as much as $12.00/kilo – unprecedented in global freight markets that had previously never seen these numbers.

The good news was that by the time we hit the spring of 2023 pricing was normalized. Consultants like me never anticipated the original price increases and would never have predicted such a rapid descent either.

With all these “elevator changes” seen over the past three years, supply chain managers are faced with dealing with a new reality of:

  • An unstable international freight market
  • An unstable economic certainty on a global scale
  • Capacity and infrastructure exceeding demand

So, within all this chaos, the supply chain executive needs to think: resilience, sustainability and long-term.

With many senior managers seeking short-term results, there will have to be a balanced approach that meets both short-term and long-term strategies. That is not easy, but it is doable when we consider the following recommendations:

  1. Don’t look to the “cheapest.” Look where the best value for your spend can be achieved.

 2. Look for service providers, 3PL’s and carriers, where strategic partnerships can be accomplished.

 3. Bring technology advancements and “state-of-the -art” solutions which create efficiencies and business process enhancements.

 4. Seek partners that have demonstrated stability of personnel at both the senior management and operational levels.

 5. Seek where “bundling of services” can be achieved where pricing discounts would be gained.

 6. Work intimately with your “demand planning” teams to allow for lower cost transportation solutions to be utilized, such as ocean freight as compared to the higher cost option of airfreight or expedited services.

 7. At a detail level assess your “landed costs.” The five pillars of these costs can be dissected to determine where both risk and cost can be reduced. By making changes in your strategy and choices in any of these areas of cost, you could very favorably impact both risk and cost in freight.

As an example, a company distributing its imported products from a single warehouse and distribution facility in Baltimore Maryland. A demographic analysis determines that 45% of their customers are west of the Mississippi River.

By creating a secondary distribution facility in the West, they open the door to lower freight costs on companies nearer that facility and additionally, the overall overhead costs are lower than the Maryland location.

 8. Create strategic relationships with all the internal stakeholders … sales, customer service, inventory management, manufacturing, demand planning, etc. and work in a collaborative methodology where much more can be achieved, compromises made, and the company benefits from the cooperation and unity thinking. This will create effective working relationships … “all rowing in the same direction”.

Your role demonstrates leadership, which will be valued up the management chain.

 9. Look within your industry for “buying consortiums”; where “spend” can be combined and thereby “leveraged” for favorable terms and pricing. 

We have been very successful at putting together buying consortiums within industry segments, benefitting both shippers and carriers.

 10. Get yourself out there … at conferences, trade shows and industry events where:

  • You can network, i.e. develop valuable resources and contacts
  • Access competitor information flows
  • See state-of-the -art options
  • View new technology opportunities
  • Keep the “learning process” contemporary and alive

Every supply chain executive’s primary responsibility is to find ways to reduce risk and cost in their global supply chain. This was a great challenge during the Pandemic but as we emerge from that difficult period, a door has opened for us to make betterments, adopt change, and have our supply chain evolve into a much more efficient, resilient and sustainable component of our company’s overall business model.

Typically, on an annual basis (often in March/April) negotiations take place between principal shippers and the carriers and service providers that move their freight. These negotiations can be intense and sometimes even a “slugfest” where freight rates are reduced and – depending upon your perspective – either not enough or way too much!

Shippers too often focus on freight cost negotiation as their primary tool in reducing overall landed costs. Over the past 30+ years I have come to believe this is the wrong focus; it is just not true that contract pricing is the primary cost driver in landed cost.

Furthermore, a singular focus on contract pricing actually creates angst between the shippers and carriers and leads to competitive pressures that destabilize the marketplace.

I firmly believe in free market negotiations, but what happens in international freight in the spring and throughout the year does not create mutual benefit for both sides, rather, it creates an imbalance that has longer-term negative impacts.

Shippers have other options and courses of action to reduce supply chain costs without taking a singular focus on freight rates.  In our consulting practice, this is often the challenge we face in meeting customer expectations, that is, helping our clients expand their focus beyond freight contract negotiations.  Here are a few of the most impactful options.

Demand Planning

Our first area of exploration with most companies is to assess to what extent a company’s demand planning systems are in synch with logistics. Too often they are not – and as a result supply chain risks and costs increase.  There will be too many LCL orders and not a dominant mix of FCL shipments, which based on a cubic measurement is a less expensive option, maybe as much as 20-30%.  

Demand planning also includes understanding inventory needs and placing replenishment orders on a timely and lean basis.

Many times, air freight, which can be as much as 18 times more expensive than ocean freight, must be utilized because product needs to be moved more expeditiously than ocean freight allows. Too often this is not a strategic planning event but rather a negative consequence of poor planning or lack of coordination between the various fiefdoms and verticals in any organization responsible for inventory, replenishment, purchasing, demand planning, supply chain and/or logistics.

Technology that allows an interface between all the internal stakeholders, service providers, carriers and suppliers is an integral component of any well-run global supply chain. For inbound logistics, these systems are often referred to as “PO Management Systems” and can become an invaluable tool in the arsenal to create very defined efficiencies in supply chain operations. For exports, similar systems are often referred to as “export order entry systems”.

Technology can become an extension of a corporation’s operating platforms or a “value-add” available from quality service providers, 3PL’s and carriers. The technology creates timely information transfer, transparency, lean practices and accountability between all the vested parties involved in the international transaction.

Managing these exposures proactively enables the global supply chain executive to create contingency plans in advance, defining the strategies and action steps that will mitigate these risks and costs.

Consolidate Service Providers

Another strategy in reducing logistics costs that has proven successful is by reducing the number of service providers and carriers. Some experts on international transportation caution companies against “putting all their eggs in any one basket.” I have found while that concern is real, it can be managed.

If you reduce the number of providers and carriers to better leverage spend and place more “eggs in the basket,” then you can more closely watch and manage that basket. Over the last 5-7 years (with the exception of our Covid years), as more companies have pressed hard to run leaner supply chain operations, we have moved them into a reduction of carrier and service providers. The benefits outweigh the potential downside consequences.

Sea-Air Combination

Another option available to shippers whose freight originates in Southern Asia is what is referred to as the Sea-Air Combination. Freight is shipped to various Middle Eastern Cities such as Dubai and then transferred to the airfreight mode which moves it to Europe, North and South America.

Cost savings on freight of as much as 45% is available with arrival time reduction moved from 28 days to as little as 14 days. This allows larger bulk moves to occur from Asia to the West with costs significantly less than air freight direct, but at transit times almost cut in half.

The Sea -Air option both reduces cost and risk to the global supply chain while creating a value add of efficiency and convenience well worth taking a look at by those who operate global supply chains.

Summary

At the end of the day, the most important factor in all of this discussion is to recognize that there are a variety of considerations, components and opportunities that exist to reduce risk and cost in the global supply chain and deliver more value for your spend with freight and logistics.

The key is to recognize that the “cheapest” negotiated contract price typically has negative consequences. Negotiating with a mindset of “obtaining value for your spend” is a more prudent option.

 

Qatar compliance growth global trade

“Best Practices in Global Trade”: With … Thomas A. Cook

Trade Compliance Management 101

There are over 28 government agencies involved directly or indirectly with regulating goods and services that pass through our borders each day.

It is a daunting task to keep track of these agencies, just a few of whose logos appear above. While  many companies are impacted by multiple agencies, it is not always clear where these agencies overlap. 

Those actively engaged in trade compliance management are engaged with the various agencies that may regulate their goods and services in international trade. Trade compliance management is a moving target, affected by economic, political, and commercial factors – and these factors change frequently.

The successful trade compliance professional has multiple inputs coming into them every day containing changes, modifications, and updates. They must know how to comprehensively apply updates and changes to their companies’ supply chain and business model. This is not an easy task to begin with and many trade compliance managers may encounter disbelievers and nay-sayers within their company who block the path to proactive trade compliance culture and activity.

Negotiating these challenges is a daily activity for most trade compliance professionals. 

Rules involved in import and export trade have always been in place but were significantly moved to the forefront of global supply chain management when 9/11 occurred.

We were involved in management training at the World Trade Center on the 55th Floor so we were directly impacted by the events that happened that day. Our hearts and prayers go out every September, to all the families, as the day is continually memorialized.

Those events of 9/11 significantly boosted “Trade Compliance Management” to the forefront of every global supply chain’s operation and ultimately a necessary component of any company with a global footprint.

Here we are in 2023, and there are still regulations that continue to evolve and new regulations being implemented including CTPAT, export controls, and forced labor initiatives. 

Here some 20 years later, the functionality of global trade incorporates trade compliance in every aspect of how goods and services move in international business.

Almost every company, service provider and carrier engaged in global supply chain operations has at least one dedicated person serving in the responsibilities of trade compliance, or it is one of the many “hats” one wears in purchasing, supply chain, logistics and transportation management. 

Many supply chain professionals view trade compliance as an intrusion of government regulation and oversight. Others see it is a necessary evil related to managing the impact of terrorism and keeping our country secure and safe.  Irrespective of one’s individual view, trade compliance is a reality – made up of of expense, time, and resources that we all must manage in our global supply chain operations, purchasing and export global reach.

Having said all that, many corporations have embraced trade compliance as a standalone function in the organization, that when managed successfully, can reduce risk and cost, as well as improve effective operations and performance.

Focus on Forced Labor

In the past two years, CBP has adapted social compliance as part of their governance and “Forced Labor” is now a focused area of their oversight into inbound global supply chains. Definitions can be categorized as:

  1. Work or service refers to all types of work occurring in any activity, industry or sector including in the informal economy.
  2. Menace of any penalty refers to a wide range of penalties used to compel someone to work.
  3. Involuntariness: The terms “offered voluntarily” refer to the free and informed consent of a worker to take a job and his or her freedom to leave at any time. This is not the case for example when an employer or recruiter makes false promises so that a worker takes a job he or she would not otherwise have accepted.

Importers now need to vet suppliers on whether they are utilizing forced labor in their manufacturing, along with their supplier base, as well.

In December of 2021, The Uyghur Forced Labor Prevention Act was announced.  It is a United States federal law that would change U.S. policy on China’s Xinjiang Uyghur Autonomous Region with the goal of ensuring that American entities are not funding forced labor among ethnic minorities in the region.

Trade Compliance Management includes staying up to date on any import and export regulations that could impact their supply lines. This is many instances is a full-time responsibility and should be taken seriously, such as now evidenced in these recent efforts to thwart “forced labor” in China.

The Four Pillars of Trade Compliance

Key edicts of trade compliance are:

  • Due diligence
  • Reasonable Care
  • Supervision and Control
  • Proactive Engagement

Due Diligence and Reasonable Care means developing knowledge of the regulations and applying that knowledge within the operation of the company’s global supply chain structure.

Supervision and Control ties in the reality that most companies with an international presence will use the third party resources to help manage various supply chain responsibilities, such as but not limited to:

  • Trade Compliance Consultants & Attorneys
  • Freight Forwarders and Customhouse Brokers
  • Carriers and 3PL’s
  • Sourcing or Buying Agents 

This means that the principal importer and exporter must supervise and control that outsourced activity.  In other words, it is ok to outsource, but you will be held accountable, therefore you must have the knowledge and skill set needed to manage that outsourcing.

Proactive Engagement.  Government agencies such as, but not limited to Customs and Border Protection, Bureau of Industry and Security, Departments of State and Treasury – are all proactively engaged in regulations, operating guidelines, and legal controls on how companies manage their import and export operations.

These agencies require companies (the principal importers and exporters along with the companies providing forwarding, brokerage, and related transportation services) to follow the four edicts outlined above as general guidelines, followed by a vast amount of regulatory minutia.   All of which needs to be incorporated into their global business operations.

Trade Compliance: a Competitive Edge?

Of the 50,000 plus companies here in the United States involved in global trade a small number have embraced trade compliance as a tool to gain competitive advantage.

Examples of trade compliance areas that can provide operational or financial benefits:

  • Lower insurance costs
  • Free Trade Agreements
  • Buy America and Buy American Programs
  • Access to government programs such as C-TPAT and FAST that move freight more quickly through the borders.
  • Less opportunity for fines, penalties and the hassles involved in delays and seizures
  • Correct utilization of the Harmonized Tariff Codes to lower duties
  • Access to Foreign Trade Zones
  • Utilization of Bonded Warehouses
  • Leveraging of Free Trade Agreements
  • Utilization of Technology
  • Access to Drawback Refunds

There are numerous methods for how companies can change their mindset about trade compliance and utilize it both as a necessary point of control, but more importantly as a method to reduce both risk and spend and thereby providing certain advantages.

Trade compliance managers, supply chain and logistics professionals need to maintain a regular flow of information, intelligence, and regulatory updates to be in the best position to maintain operational excellence in their global supply chains.

Successful trade compliance managers can contribute to profitability in the following ways:

  • Access to government programs that can reduce risk and cost in their global supply chain
  • Keeping companies out of regulatory cost and entanglements
  • Reduce risk in the global supply chain
  • Provide competitive options in how goods and services move internationally
  • Impact bottom line on profits and margins

Resources for the Trade Compliance Manager

Successful trade compliance managers need to be up to date with the information flow necessary to maintain the challenges they face in handling the multitude of compliance and regulatory concerns not only here in the United States but in all the countries they import from or export to.

Periodicals and information sources such as Global Trade Magazine offer a very reliable and contemporary flow of data that can be very useful in leveraging trade compliance opportunities. (www.globaltrademag.com)

Accessing key important government web sites is another option. (www.cbp.gov, www.bis.doc.gov)

Continuing education and training are also critical elements of any trade compliance program and the process of learning contemporary options in importing and exporting. Two examples, the American Management Association (www.amanet.org) and The National Institute for World Trade (www.niwt.org), are excellent options for certificated public and in-house instruction, coaching and educational capabilities specializing in international business and supply chain.

A professional organization, ICPA, International Compliance Professionals Association (icpainc.org) is a great resource for trade compliance operatives to join in order to gain tremendous resources and insight.

Conferences and seminars offer excellent intense information flows that can be of immediate and of long-term value along with the networking and professional colleague interface. Affiliation with professional organizations in your field always proves beneficial.

Bottom Line: Trade Compliance Management is Growing in Importance

As the complications of geopolitical events continue to occur in the world, the importance of assuring a trade compliant global supply chain will be as relevant as what the COO, CFO, CSO and CIO are in any business model.

compliance

Trade Compliance Management 101:Here’s How Global Traders Can Increase Speed and Lower Spend

There are more than 28 government agencies involved directly or indirectly with regulating goods and services that pass through our borders each day. It is a daunting task to keep track of these agencies. While  many companies are impacted by multiple agencies, it is not always clear where they overlap. 

Companies actively engaged in trade compliance management may have to deal with various agencies that regulate their goods and services in international trade. Trade compliance management is a moving target, affected by economic, political, and commercial factors–and these factors change frequently.

The successful trade compliance professional has multiple inputs coming into them every day containing changes, modifications, and updates. They must know how to comprehensively apply updates and changes to their companies’ supply chain and business model. This is not an easy task to begin with, and many trade compliance managers may encounter disbelievers and naysayers within their companies who block the path to proactive trade compliance culture and activity.

Negotiating these challenges is a daily activity for most trade compliance professionals. Rules involved in import and export trade have always been in place but were significantly moved to the forefront of global supply chain management when 9/11 occurred.

We were involved in management training on the 55th floor of the World Trade Center, so we were directly impacted by the events that happened that day. Our hearts and prayers go out every September, to all the families, as the day is continually memorialized.

Here we are in 2023, and there are still regulations that continue to evolve and new regulations being implemented including export controls, forced labor initiatives and Customs-Trade Partnership Against Terrorism (CTPAT), a voluntary supply-chain security program led by U.S. Customs and Border Protection (CBP) focused on improving the security of private companies’ supply chains with respect to terrorism. 

The functionality of global trade incorporates trade compliance in every aspect of how goods and services move in international business. Almost every company, service provider and carrier engaged in global supply chain operations has at least one person dedicated to trade compliance, or it is one of the many “hats” one wears in purchasing, supply chain, logistics and transportation management. 

Many supply chain professionals view trade compliance as an intrusion of government regulation and oversight. Others see it is a necessary evil related to managing the impact of terrorism and keeping our country secure and safe.  Irrespective of one’s individual view, trade compliance is a reality–composed of expense, time, and resources that we all must manage in our global supply chain operations, purchasing and export global reach.

Many corporations have embraced trade compliance as a standalone function in the organization that, when managed successfully, can reduce risk and cost, as well as improve effective operations and performance.

FOCUS ON FORCED LABOR

In the past two years, CBP has adapted social compliance as part of its governance, and forced labor is now a focused area of their oversight into inbound global supply chains. Definitions can be categorized as:

  1. Work or service refers to all types of work occurring in any activity, industry or sector including in the informal economy.

  2. Menace of any penalty refers to a wide range of penalties used to compel someone to work.

  3. The term “offered voluntarily” refers to the free and informed consent of a worker to take a job and his or her freedom to leave at any time. This is not the case, for example, when an employer or recruiter makes false promises so that a worker takes a job he or she would not otherwise have accepted.

Importers now need to vet suppliers on whether they are utilizing forced labor in their manufacturing, along with their supplier base.

In December of 2021, the Uyghur Forced Labor Prevention Act was announced. It is a federal law that changed American policy on China’s Xinjiang Uyghur Autonomous Region, with the goal of ensuring that U.S. entities are not funding forced labor among ethnic minorities there.

Trade compliance management includes staying up to date on any import and export regulations that could impact one’s supply lines. In many instances this is a full-time responsibility and should be taken seriously.

FOUR PILLARS OF TRADE COMPLIANCE

Key edicts of trade compliance are due diligence, reasonable care, supervision and control and proactive engagement.

Due diligence and reasonable care refer to the development of knowledge of regulations that will be applied within the operation of a company’s global supply chain structure. 

Supervision and control ties in the reality that most companies with an international presence will use third-party resources to help manage various supply chain responsibilities, such as trade compliance consultants, attorneys, freight forwarders, customhouse brokers, carriers, 3PLs and sourcing or buying agents. 

However, the principal importer and exporter must supervise and control any outsourced activities. So, while it is OK to outsource, know that you will be held accountable and therefore must have the knowledge and skill set to manage the third parties.

Government agencies, including CBP, the Bureau of Industry and Security and the departments of State and Treasury are all proactively engaged in regulations, operating guidelines, and legal controls on how companies manage their import and export operations. These agencies require companies (the principal importers and exporters along with the companies providing forwarding, brokerage, and related transportation services) to follow the four edicts outlined above as general guidelines, followed by a vast amount of regulatory minutia.   

All of this needs to be incorporated into one’s global business operations.

TRADE COMPLIANCE: A COMPETITIVE EDGE?

Of the 50,000-plus U.S. companies involved in global trade, a small number have embraced trade compliance as a tool to gain competitive advantage. This is a shame because compliance can: speed deliveries, lower insurance costs; reduce opportunities for fines, penalties, seizure, and delays; and provide access to technology, lower duties, and drawback refunds.

This is especially true if the movement of goods is covered under free trade agreements, foreign trade zones, bonded warehouses, Buy America/Buy American programs, government programs such as CTPAT and Free and Secure Trade (FAST), and correctly utilized Harmonized Tariff Codes.

There are numerous methods for how companies can change their mindset about trade compliance and utilize it both as a necessary point of control and, more importantly, method to reduce risk and spend.

Trade compliance, supply chain and logistics professionals need to maintain a regular flow of information, intelligence, and regulatory updates to be in the best position to maintain operational excellence in their global supply chains.

Successful trade compliance managers can contribute to profitability by accessing government programs that can reduce supply chain risks and costs; keeping companies out of regulatory costs and entanglements; and providing competitive options in how goods and services move internationally.

All of this can impact the bottom line on profits and margins.

TRADE COMPLIANCE RESOURCES 

Successful trade compliance managers need to be up to date with the information flow necessary to maintain the challenges they face in handling the multitude of compliance and regulatory concerns not only here in the U.S. but in all the countries they import from or export to.

Periodicals and information sources such as Global Trade magazine offer a very reliable and contemporary flow of data that can be very useful in leveraging trade compliance opportunities. (www.globaltrademag.com)

Accessing key important government websites is another option. (www.cbp.gov, www.bis.doc.gov)

Continuing education and training are also critical elements of any trade compliance program and the process of learning contemporary options in importing and exporting. Two examples, the American Management Association (www.amanet.org) and the National Institute for World Trade (www.niwt.org), are excellent options for certificated public and in-house instruction, coaching and educational capabilities specializing in international business and supply chain.

The professional organization International Compliance Professionals Association (icpainc.org) is a great resource for trade compliance operatives to join to gain tremendous resources and insight.

Conferences and seminars offer excellent intense information flows that can be of immediate and of long-term value along with the networking and professional colleague interface. Affiliation with professional organizations in your field always proves beneficial.

BOTTOM LINE: TRADE COMPLIANCE MANAGEMENT IS GROWING IN IMPORTANCE

As the complications of geopolitical events continue to occur in the world, the importance of assuring a trade compliant global supply chain will be as relevant as who the COO, CFO, CSO and CIO are in any business model.

Thomas A. Cook is a seasoned global supply chain professional, author of more than 20 books on global trade and managing director of Blue Tiger International. He can be reached at tomcook@bluetigerintl.com or (516) 359-6232. 

 

procurement

Best Practices in Global Trade: Senior Management’s Role in Global Procurement

A critical area of any organization’s spend and, ultimately, its ability to operate successfully is in procurement management.

The larger a company is and as it grows, procurement is a critical area that will increasingly become an integral component of managing and controlling costs and the sustainability of its operation in the long term.

As most companies mature so does its structure of a fixed and robust purchasing management functioning department.

 Additionally, there are two very important and relevant factors:

  1. The pandemic created a greater role in importance in most organizations in any business vertical related to the supply chain, for which procurement is a critical silo.   
  1. Global sourcing is both a necessity and growing challenge as more companies seek alternatives to foreign purchasing in general and with China, more specifically.

Procurement must focus primarily on developing and managing supplier relationships. Keep in mind that suppliers can be a very important ingredient to your company’s overall business model and therefore greatly impact—both adversely and positively–your potential for sustainability, growth, and profitability.

Most companies have a supply chain that is a foundation for their operational profile. Typically, procurement runs in tandem with the supply chain and is sometimes the most important aspect in a supply chain, particularly in organizations that have a global presence where products and services are sourced, manufactured, or operated in overseas.

Procurement primarily impacts risk, spend and business processes. Depending upon a company’s gross sales volume, a 5% reduction in spend can be compared to several million dollars in sales.

Procurement is an internal servicing function that works on behalf of business owners and stakeholders who utilize the materials, products, components, and services purchased by the procurement group.

A robust procurement initiative keeps the supply chain open and the business model working successfully. Conversely, a poorly managed procurement operation causes delays, disruption, and additional expense to a company’s operation.

The best run procurement operations not only keep the supply chain running but they continually add value and benefit through their sourcing, purchasing and supplier/vendor management practices.

Procurement can be divided into three separate functions: sourcing, purchasing and vendor management.

SOURCING

Sourcing is the function that finds supplier and vendor options, both reactively and proactively to the internal needs of business owners and stakeholders in a corporation.

The successful sourcing manager has a corral of business contacts and will know who to call when an internal purchasing need is required.

Sourcing managers are responsive to internal “fires” when they ignite and often come to the rescue as imminent supply needs develop.

Great sourcing managers are engaged in the strategic planning process in an organization and will often proactively find sourcing options before they are called for, positioning them to be ready as needed.

Sourcing managers are “state of the art,” contemporary and utilize leading edge technologies and business processes to find and develop raw material, product, components, and services, anticipating future demand and need.

Often, they can add significant value in several ways:

– Lowering acquisition costs

– Negotiating better supply deals

– Finding supply options that offer competitive advantages

– Develop vendor/supplier relationships that assist your operations to be viable, productive, and sustainable

PURCHASING

Once sourcing options are found it is the responsibility of purchasing personnel to transition the vendor/supplier into the organization. This transition process can often be convoluted and arduous and will often determine the outcome of a successful vendor relationship.

Purchasing managers need to be excellent negotiators as they will be the front line in finalizing a vendor/supplier relationship.

Some of the negotiated areas are:

– Price

– Payment terms

– Warranty and return policies

– Insurance requirements

– Dispute resolution

– Cancellation wording

– Responsible parties

– Scope of work

– Agreed deliverables

– Performance specifications

– Contract period or tenure

– Signing officers

 These relevant and salient points get transferred into a Statement of Work (SOW), Master Services Agreement (MSA), or simply a Service Agreement (SA) or contract between the parties.

This dimension of responsibility for the purchasing officer adds another required skill set: legal prowess. An attorney still may be required to review and finalize any contracts, but the purchasing officer must be able to negotiate the basic terms and bring it all the way past “third base.” 

 This brings us to an interesting and important aspect of the purchasing function: It requires an array of management skills:

 – Ability to communicate well, both written and verbal

– Be organized

– Prioritize

– Negotiation

– Understanding people’s behavior

– Leadership

– Insurance

– Finance

– Legal

– Product knowledge(s) in the company’s verticals

– Team and project management

– Conflict resolution

The purchasing manager is the conduit between all operations in a company to organize and execute their spend. Primary responsibilities are:

–  Reducing risk

–  Reducing spend

–  Business process improvements

Secondary responsibilities include:

– Creating internal controls on procurement

– Creating standard operating procedures (SOPs) and protocols in the purchasing functions

– Internal resource for all operating and business owners in an organization

– Vendor management

– Strategic planning for future purchasing needs 

– Managing requests for proposal (RFPs)

– Developing long-term sourcing options

– Market intelligence

– Budgeting

– Collaborating with demand planning initiatives 

– Managing various projects

– Transactional and enterprise solutions

– Technology and its utilization throughout an organization

– Compliance

– Diversity inclusions

– Sustainable practices

– Disruption management

MANAGING RFPs

Purchasing managers need to learn that managing RFPs is a principal responsibility and as they master the requisite skills they will have more successful RFP outcomes.

 RFP management is a process often taken in methodical steps that become a “defined process” that in turn lead to more favorable results.

 It is critical for purchasing managers to make sure they understand what the expectations of the RFP is to assure all deliverables are achieved.

 The purchasing manager has numerous personnel and personality challenges while trying to bring responsible procurement practices into their organization, namely:

– Silo protectionism

– Resistance to change and improvement

– Personalities

– Disbelief and suspicious motivations

– Internal leadership and cultural issues

– Lack of effective working relationships

All these challenges must be overcome and managed successfully if the purchasing manager will have any opportunity to move forward successfully with any procurement initiatives and improvements. 

Relationship building with business owners and company stakeholders will go a long way in creating more effective opportunities for successful collaboration.

Mutual respect and trust are paramount and foundation characteristics of good working relationships within an organization.

Trust will help a purchasing manager move company personnel into a better scenario for procurement initiatives and betterments.

Though ultimately, trust only goes so far … performance that delivers consistent and frequent successes will also greatly help relationships build and sustain.

VENDOR MANAGEMENT

The pandemic created a greater importance for critical suppliers and their overall critical nature in a buyer’s business model. This has raised the profile of vendor management within most organizations since March of 2020, when the impact of the pandemic began to raise its ugly head.

A process, with protocols, SOPs and consistency must be achieved to successfully bring on and manage sustainable relationships with key vendors.

We strongly recommend “tiering” suppliers so you can rank their importance, relevance, and supplier risk. Most companies have hundreds, if not thousands of suppliers and vendors. By tiering them you can than successfully prioritize where you spend time in managing and negotiating.

Tier 1 suppliers make up 20% of your supplier base that represents 80% of spend. It is also likely that you will want to include a supplier where the spend may not be significant, but the importance of those vendors’ products or services are considered critical.

It is in that Tier 1 supplier/vendor base where vigorous, disciplined, and robust management is focused.

Once a new supplier/vendor is on-boarded into an organization, the practice of “vendor management” is triggered, consisting of the following:  

– Successfully transitioning the new vendor/supplier into the organization 

– Taking ownership of the maintenance of that vendor/supplier and their well-being from an oversight perspective

– Taking responsibility for the vendors’/suppliers’ performance in the delivery of their product or service into the organization … to the benefit of senior management, business owners, stakeholders, or any of the other business beneficiaries. 

– Coordinating with internal stakeholders any activity with the vendors/suppliers that may impact on operations now or in the future.

– Conducting vendor risk assessments and managing any areas of risk to assume, mitigate or transfer. 

– Managing the system that “tiers” vendors by amount of spend or the critical nature of the product or service they provide to your organization.

– Maintaining a robust relationship with the vendors and suppliers, so that they continually add value to the alliance between both organizations.

– Continually benchmarking price and cost to make sure that your “spend” is “in order”–that you are continually receiving value for your spend.

– Handling a proactive system for renewing vendors as their contracts and agreements reach expiration.

THE RFP TOOL IN MANAGING THE PURCHASING FUNCTION

A valuable tool for those in sourcing, purchasing and vendor management is the request for proposal or RFP. Often also referred to as RFI, RFQ, etc. … this business concept allows those in procurement to create a process to:

– Identify potential vendors and suppliers

– Keep favored incumbents “sharp”

– Vet potential providers

– Maximize favorable results in any bid initiative

– Establish a consistent and responsible means of managing spend with both existing and potential providers, vendors, and suppliers.

– Develop a favored and professional relationship both within your organization and with outside vendors/suppliers, of which will establish better working relationships and a greater opportunity for successful and consistent procurement.

The management of RFPs is both an art and science. Managing successful RFPs can be learned. Schools inside of organizations include AMA (amanet.org), NIWT (niwt.org), ASCM (ascm.org) or ISM (ismny.org).

Continual learning is the key to mastering the management of RFPs and being a “top-notch” procurement professional, well respected and with a robust career … and accomplishing successful purchasing for your organization’s benefit.

RISK MANAGEMENT IN PROCUREMENT

Purchasing managers need to understand that vendors and suppliers, just as any aspect, activity, or person in your organization, carry risk.

These vendor risks must be evaluated, assessed and a determination made on one of the three options to manage same:

– Assume the risk and set up a contingent liability

– Transfer the risk to a third party, such as a surety or insurance company

– Mitigate the risk through actions sometimes referred to as loss control, loss prevention and other related options.

Managing the risks of vendors and suppliers can be a heavy percentage of work hours of those engaged in vendor management. But it is considered a necessary component of a successful vendor management program. This initiative will prevent occurrences from causing damage and financial losses within or to your supply chain when the vendor fails to perform.

Some of the risks might be:

– Financial failure of the vendor/supplier

– Missed deliveries or delays

– Quality Control issues

– Non-performance

– Intellectual property right concerns

– Inability to compete

In vendors/suppliers that provide critical raw materials, parts, components, finished products or services, their failure in anyone of the above outlined sample risks could cause a serious blow to your operations and even be catastrophic. With respect to the overall risk management of vendors and suppliers, those engaged in vendor management need to coordinate a continuous search with those responsible for sourcing to always have options in the pipeline and creating “Plan Bs” with alternate vendors and suppliers.

In the world of procurement this ties into the debate about “single source” versus “multiple source” strategies utilized by various companies to leverage spend and at the same time reduce risk. Some would argue that multiple options clearly reduce vendor/supplier risk. Others would argue that single sourcing allows you to focus spend in one entity to leverage your purchasing power. Both are correct strategies. A purchasing manager should always be assessing the risks in both options and making decisions where consensus and compromise provide viable choices. This must be done in concert with senior management to understand their tolerance for acceptable risk levels.

PROCUREMENT ABIDES

Procurement is clearly a vital and growing function of relevance and importance in every organization. Senior management must consciously recognize this fact and allocate funds and resources to the procurement structure within their organization. Since the spring of 2020, when the COVID-19 pandemic became troublesome is when the more serious relevance of procurement was raised.

Senior management must give the authority to procurement managers who will set up SOPs, protocols, and business processes in the sourcing, purchasing and vendor management verticals to assure that both risk and spend are completely managed on all goods and services acquired from third party entities.

Senior management must create a culture within the organization that brings both the quantitative and qualitative disciplines of procurement into every nook and cranny of your business model and the organization overall, understanding that the success of the company’s business model is now more than ever dependent upon the procurement management function.

Thomas A. Cook is a seasoned global supply chain professional, author of more than 20 books on global trade and managing director of Blue Tiger International. He can be reached at tomcook@bluetigerintl.com or (516) 359-6232.