The Documentary Committee of BIMCO, the world’s largest shipping association, has adopted a standard clause to address contractual uncertainties resulting from the USTR Notice of Actions on fees for Chinese‑built or Chinese‑owned ships calling at US ports, according to BIMCO's release.
A BIMCO subcommittee of legal and commercial experts began developing the clause in early June, shortly after the USTR announced those actions.
Stinne Taiger Ivø, Deputy Secretary General and Director of Contracts at BIMCO, commented: “It has been a priority to engage experts representing different segments of the industry when developing the clause in a short space of time. The USTR actions will present complex challenges, and the subcommittee has carefully discussed how best to arrive at a result that will help the industry minimise disputes”.
Nicholas Fell, Chairperson of BIMCO’s Documentary Committee, added: “We anticipate that many of the current uncertainties surrounding the enabling provisions to give the USTR Notice its intended effect will be resolved in the months following the implementation of the USTR fees. As more experience is gained, reviewing the clause to ensure it continues to meet our high standards and the industry's needs will be part of BIMCO’s ongoing contractual work”.
The USTR Notice is part of a “Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance” and will also impose fees on foreign car carriers built outside the US .
According to the USTR Final Notice dated April 17, 2025, a 180‑day grace period begins then, after which fees apply starting.
The clause does not grant rights to terminate contracts, claim liens, or request off‑hire.
BIMCO (Baltic and International Maritime Council) is a not-for-profit international shipping association founded in 1905. It offers standard contracts, clauses, and guidance to global shipping and maritime sectors. Its Documentary Committee drafts contractual frameworks.
United States Trade Representative (USTR) is a federal agency under the Executive Office of the President. It conducts international trade negotiations and enforces Section 301 of the Trade Act of 1974 to address unfair trade practices.