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FOB Is No Longer a Shield: China Changes Liability Rules in Maritime Shipping

As of May 1, 2026, a new revision of China’s Maritime Code has come into force. According to foreign legal and logistics sources, the changes strengthen carriers’ positions in disputes over costs related to unclaimed cargo — including demurrage, storage, and other associated expenses. The key risk is that claims may now be brought not only against the consignee, but also against the shipper. This is especially important for FOB transactions: even if the buyer arranges the shipment, the Chinese seller may still remain financially exposed if it is listed as the shipper in the bill of lading. If the buyer fails to collect the cargo or refuses to accept it, the shipping line now has a clearer legal basis to recover its costs. For Russian businesses, this means that FOB terms no longer guarantee that all risks automatically pass to the buyer after shipment. Importers and their Chinese suppliers should pay closer attention to how liability is allocated in the contract and how the transport documents are prepared.