U.S. Dairy Testifies on State of Maritime Supply Chain

Tony Rice, Senior Director of Trade Policy at the National Milk Producers Federation and U.S. Dairy Export Council, testified today before the House Judiciary Subcommittee on the Administrative State, Regulatory Reform and Antitrust on the maritime supply chain challenges faced by the U.S. dairy industry.

The U.S. dairy industry exported $9.6 billion and three million metric tons of cheeses, milk powders, whey proteins, and other dairy products last year, making reliable transportation vital to its economic wellbeing. Yet American dairy exporters have little choice but to rely on a small number of ocean carrier options, almost all of which are foreign owned.

“Dairy farmers milk their cows 365 days a year,” Rice said. “When export shipments are delayed, cancelled, or become more expensive to move, the disruptions ripple back through the supply chain and ultimately affect farm income.”

Rice drew on lessons from the pandemic-induced supply chain crisis, when severe delays, routinely cancelled bookings and unprecedented port congestion disrupted cargo movements and cost U.S. dairy producers billions in unexpected costs and lost sales opportunities. While the Ocean Shipping Reform Act of 2022 addressed several issues related to unfair fees, Rice highlighted that dairy exporters in the U.S. continue to face operational uncertainty when bookings are rejected, port calls are skipped or receiving windows shift without explanation.

To address these challenges, the U.S. dairy industry called for greater investment in the domestic maritime sector to expand American shipbuilding capacity, robust Federal Maritime Commission oversight of the global maritime carrier marketplace and increased transparency from ocean carriers on booking decisions.

“We recognize the importance of efficient global shipping networks,” Rice said. “Our concern is ensuring that those networks work for American dairy exporters as well as they work for global carriers.”

NMPF Presses for Supply Chain Progress

NMPF and U.S. Dairy Export Council (USDEC) leadership met with Federal Maritime Commission (FMC) Chairman Daniel Maffei on Oct.13 to discuss the implementation of the Ocean Shipping Reform Act and ongoing shipping challenges. The organizations touched on the results of a recent NMPF-USDEC membership survey and the need for further FMC actions to improve shipping flow dynamics, as well as relayed information on persistent backlogs at key ports nationwide.

The organizations followed the meeting with comments filed to the maritime commission Oct. 21, giving input to the agency as it starts rulemaking on prohibiting ocean carriers from unreasonably refusing to deal or negotiate with respect to vessel space accommodations. Given the severe shipping challenges that many dairy exporters have dealt with in the past two years, NMPF sees these proposed rules as a positive step. NMPF supports the agency’s stance that ocean carriers should outline their export strategies, which would balance negotiations and allow shippers to better understand how carriers operate.

Finally, California Governor Gavin Newsom of California on Sept. 30 signed Assembly Bill 2406 into law, placing new limits on the ability of ocean carriers to charge detention and demurrage fees to exporters and truck drivers that were incurred outside of a shipper’s control. NMPF and USDEC support the bill, sending letters in March and August to California Assembly Transportation Committee leadership and Newsom, respectively.