Effective May 1! Full liability for abandoned cargo at the port of destination will be borne by the shipper.

As the new Maritime Law is set to come into full effect on May 1, discussions within the industry about the new regulations have once again intensified. Among these, the most closely watched and potentially disruptive change concerns the shift in liability for “goods left unclaimed at the port of discharge”— It is now explicitly stipulated that the party responsible for bearing the relevant costs and risks has been officially changed from the consignee to the shipper. This adjustment fundamentally upends industry norms, exposing freight forwarders, shippers, and cross-border sellers to entirely new risks.

Previously, the 18th Session of the Standing Committee of the 14th National People’s Congress adopted the newly revised Maritime Law, and our editor promptly reprinted an authoritative interpretation by Shi Hong, Director of the Civil Law Division of the Legislative Affairs Commission. Today, drawing on Article 93 of the new regulations—which explicitly states: “If no one claims the goods at the discharge port, the master may unload them into a warehouse or other appropriate location; the resulting costs and risks shall be borne by the shipper, but the shipper must be notified without delay”—we have compiled first-hand discussions and practical experience from freight-forwarding professionals to provide a detailed analysis of the core implications of this reform and to offer reliable solutions for complying with the new rules, helping everyone navigate potential risks with confidence. The following content is based entirely on real-world insights shared by our peers in the freight-forwarding industry; if you hold a different view, please feel free to leave a comment and join the conversation.

New Maritime Law Approved! Clearly Stipulates That the Shipper Bears Liability for Failure to Take Delivery!

I. FOB Shippers: From “Document Submission and Done” to “Lifelong Liability”—There’s No Escaping Accountability Now

This is the most hotly debated core change in the new regulations and the most direct blow to shippers under FOB (Free On Board) terms. In the past, when conducting FOB business, the industry had long held a tacit consensus: as long as the shipper completed loading the goods onto the vessel, obtained the bill of lading, and received full payment of the balance, it was deemed to have fulfilled all its core obligations. As for whether the consignee picked up the goods upon arrival at the port, when they did so, or even if the cargo remained stranded at the terminal for an extended period before ultimately being abandoned, none of this was the shipper’s responsibility. When the shipping line sought recovery of demurrage, storage charges, and other related fees, it would only pursue the foreign consignee or importer; the shipper could remain entirely uninvolved.
 

However, with the implementation of the new regulations on May 1, this “one-payment-and-it’s-over” situation will come to a complete end. As one seasoned freight-forwarding colleague put it bluntly: “In the past, when cargo was abandoned at the port of destination, we could still help the shipper negotiate with the shipping line to shift the blame. But now that the new rules are in effect, the shipping line can directly hold the shipper accountable—there’s simply no way to dodge that responsibility.” “Under FOB terms, the shipper is effectively forced to become the ‘lifelong guardian’ of the goods.”
 

More critically, the new Maritime Code no longer blurs the boundary of liability between the “contractual shipper” and the “actual shipper”—once the carrier accepts the goods from you, whether you are the contractual shipper under the transport contract or the actual shipper who physically delivers the goods (except in certain exceptional circumstances), you remain fully liable for the cargo until it is successfully delivered to the consignee, thereby completely dispelling the longstanding misconception that, under FOB terms, the shipper is relieved of liability upon delivery of the documents.
 

Faced with this reversal of liability, many FOB shippers are gripped by anxiety: How can they clearly delineate the boundaries of responsibility and avoid the risk of being held “permanently liable”? Shenzhen Huijietong International Freight Forwarding Co., Ltd., which has been deeply engaged in international freight forwarding for nearly two decades, has long since introduced a solution to address this pain point. The company helps FOB shippers optimize their trade contracts and bill-of-lading clauses, clearly defining the allocation of responsibilities and thereby mitigating, at the source, the joint and several liability risks posed by the new regulations—so that shippers no longer have to worry about being left with no way to shift blame.
 

II. Cross-border e-commerce sellers and sellers of general cargo/low-value miscellaneous goods: Risks have doubled, and the cost of abandoning shipments far exceeds the value of the goods.

For cross-border e-commerce sellers and export enterprises whose core business involves general merchandise and low-value miscellaneous goods, the risks posed by the new regulations are nothing short of “fatal.” In the past, when such sellers shipped goods only to face sudden shifts in overseas market conditions, temporary tariff hikes, or buyers’ malicious abandonment of orders, their most helpless option was simply to abandon the shipment—bearing only the direct loss of the goods’ value and avoiding any additional substantial expenses.
 

However, once the new regulations take effect, the costs of abandoned cargo will far exceed expectations. Industry peers generally report that, should no one claim the cargo at the port of destination, the shipping line will immediately seek recovery from the domestic seller (the shipper) for all related charges—ranging from demurrage and terminal storage fees to warehousing charges and cargo handling fees—and even extending to miscellaneous expenses incurred in returning or destroying the goods. As explained in a relevant article on the Linhai portal website, such costs can accumulate very rapidly; if not addressed promptly, even low-value shipments can end up incurring substantial additional expenses.
 

Moreover, industry peers have shared real-world case studies: a shipment of low-value miscellaneous goods valued at only a few thousand yuan ended up being abandoned at the port of destination, resulting in port handling charges amounting to tens of thousands, or even hundreds of thousands of yuan, which directly plunged the seller into a loss-making predicament.

III. Freight Forwarding Industry: Collateral Recovery Pressure Soars, Caught in the Middle “Attacked from Both Front and Back”

Beyond shippers and sellers, the freight forwarding industry has been thrust into the spotlight by the new regulations, facing unprecedented joint and several liability for claims—this is also the industry pain point that most freight forwarders complain about the most.

Under traditional industry practice, the core role of a freight forwarder is to provide intermediary services, primarily handling booking on behalf of clients and coordinating all links in the logistics chain. Even in cases where cargo is abandoned at the port of destination, the shipper remains the statutory party against whom the carrier may pursue recovery; the freight forwarder’s responsibility is limited to facilitating communication and coordination between upstream and downstream parties, without bearing any of the principal costs associated with the abandonment—its exposure is at most limited to certain labor expenses.

However, following the implementation of the new regulations, the liability-recovery framework has undergone a fundamental shift. Freight forwarding companies that directly enter into booking contracts with shipping lines and issue bills of lading will now be the primary parties against whom shipping lines seek recovery—once cargo is abandoned at the port of destination, the shipping line will first pursue full reimbursement from the booking freight forwarder for all related charges, including demurrage, storage fees, and return-shipping surcharges.
 

What makes matters even more challenging for freight forwarders is that, although in theory they can recover the expenses they have advanced from shippers, in practice this is exceedingly difficult. Industry peers generally report that the recovery process is often accompanied by protracted litigation and enforcement proceedings, and may even involve extreme scenarios such as shippers going missing or becoming insolvent. Once such situations arise, all resulting bad-debt losses ultimately fall on the freight forwarder to absorb—a reality that closely mirrors the pain points revealed in numerous freight-forwarding dispute cases heard by the Shanghai Maritime Court. This challenge is particularly acute for forwarders serving small and medium-sized shippers and cross-border e-commerce sellers, as the risk-bearing capacity of their client base varies widely, thereby magnifying the underwriting risk to an almost unlimited degree. As a result, many small and medium-sized forwarders openly state that “following the implementation of the new regulations, survival pressures across the industry will increase substantially.”
 

Faced with this predicament, Huijietong has emerged as a “safe haven” for numerous freight forwarding peers. As a compliant enterprise holding both the Chinese Ministry of Transport’s Non-Vessel Operating Common Carrier (NVOC) license (NV26554) and the U.S. Federal Maritime Commission’s approval (FMC 028885), Huijietong maintains stable contractual partnerships with major shipping lines such as MSK, COSCO, and EMC. This enables Huijietong to provide its peers with compliant, reliable booking resources and operational support, helping them manage joint and several liability recovery pressures. At the same time, leveraging a robust risk management system, Huijietong assists freight forwarders in optimizing their agency contract terms, securing relevant evidence, strengthening the foundation for recovery claims, and mitigating the risk of bad-debt guarantees. In doing so, Huijietong empowers freight forwarders to confidently navigate the impact of new regulations—precisely the core requirement emphasized by the Shanghai Maritime Court in its judicial recommendations: “improving contract terms and reinforcing evidence preservation.”
 

Under the new regulations, only by choosing the right partner can you navigate risks with ease.

The implementation of the new Maritime Law does not herald a “winter” for the industry; rather, it presents an opportunity for reshuffling and upgrading. For shippers, cross-border sellers, and freight forwarders, rather than passively managing risks, it is far more strategic to proactively partner with reliable freight forwarding providers—turning potential risks into competitive advantages for growth.

With nearly two decades of deep expertise in international freight forwarding, Huijietong has established a closed-loop service model encompassing proprietary trucking, customs brokerage, and domestic and overseas warehousing. This comprehensive approach has enabled the company to build a robust logistics risk management framework for more than 2,000 clients worldwide, making it the preferred partner for numerous enterprises under the new regulatory landscape.

Founded in 2007, Huijietong has established branches and logistics warehouses in numerous cities both domestically and internationally, with operations spanning major global markets. The company holds multiple authoritative certifications and maintains a robust compliance framework, rigorously adhering to the provisions of the new Maritime Law to ensure standardized procedures in key areas such as booking, bill-of-lading issuance, and liability determination, thereby mitigating risks at the source. At the same time, Huijietong closely monitors changes in industry policies, proactively anticipates the impact of new regulations, and provides clients with expert advice on logistics route optimization and cost control. In addition, the company offers value-added services such as logistics finance and supply-chain management, helping clients build long-term risk-management systems that not only address the immediate challenges posed by new regulations but also support sustainable, stable growth over the long term.
 

Effective May 1, the new regulations are now in force—time waits for no one when it comes to risk! For detailed insights into the latest provisions of the new Maritime Law, tailored risk-management solutions, or inquiries about a wide range of international logistics services, please contact us.

Feel free to contact the Huijietong professional team at any time.

We will promptly provide you with expert answers and services, working together to navigate the industry’s adjustment period and achieve mutually beneficial growth!