Navigating Port Fees Between The United States And China: Key Contractual Risks And The BIMCO Clauses

• Published date: 09 February 2026
• Subject Matter: International Law, Transport, Marine/ Shipping, International Trade & Investment
• Law Firm: SANDS Advokatfirma
• Author: Simone H'derle Ingeberg, Monica Teige and Lene Osen Osnes

Last year, the maritime industry faced two significant, interlinked policy moves by the United States and China, each introducing special port‑related measures targeting vessels with ties to the other's jurisdiction.

On 17 April 2025, the Office of the U.S. Trade Representative ("USTR") announced new, revised and proposed port‑related measures affecting Chinese and other foreign‑built ships, and Chinese owners and operators calling at US ports. These are set out in:

• Annex I - Service Fee on Chinese vessel operators and vessel owners
• Annex II - Service Fee on vessel operators of Chinese‑built vessels
• Annex III - Service Fee on vessel operators of foreign‑built vehicle carriers
• Annex IV - Restrictions on transporting LNG via foreign vessels
• Annex V - Tariffs on Chinese maritime cargo‑handling equipment:
• • Annex V.A - Tariffs on Chinese ship‑to‑shore cranes and other cargo‑handling equipment
  • Annex V.B - Proposed tariffs on certain additional Chinese maritime cargo‑handling equipment

For more detail, please refer to our earlier articles discussing the USTR measures¹.

China responded in October 2025 with Ministry of Transportation Announcement No. 54 (2025), imposing a special port fee on vessels with a US nexus calling at Chinese ports.

Both countries have subsequently suspended their port‑fee measures for 12 months from 10 November 2025. On the US side, Annexes I-III and the Annex V.A tariffs are suspended. Annex V.B remains only a set of proposed (not implemented) tariffs, and...