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21-09-2019

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You rarely find that colleagues in sister journals have become national news. Over the weekend, I was surprised to see PCMag and FedEx (FedEx) pop up in the headlines, claiming that the parcel company refused to ship Huawei products because of the Trump administration embargo. 

Review: PCMag (ExtremeTech's sister publication, also owned by Ziff Davis), which attempts to ship the already purchased Huawei P30 from the UK to the US for further analysis. The Huawei P30 is a device that has been released by Huawei. The package arrives in the United States, arrives in Indianapolis, the main distribution center for FedEx, and then returns to the UK. When it returned to the other side of the pond, it was labeled as follows: 

this is ridiculous. Our British writer tried to send us his @ HuaweiMobile P30 so I could check something-not a new phone, but an existing phone in our company. It's already been sent between offices-and this happens at @ FedEx pic.twitter.com/sOaebiqfN6. 

-Sascha Segan (@ saschasegan) 21 June 2019. 

The following is best described in the form of a timeline. It involves litigation (FedEx), contradictory information from Parcelforce (British Express), contradictory statements from FedEx, And an ongoing very simple problem: lack of clarity can individual ship Huawei equipment into the United States for another person, when the product is not sold, not new, we do not represent any technology transfer or assistance from our company? 

It is legal to own Huawei products in both the US and the UK, and it is not illegal for individuals to transport Huawei equipment to each other. American companies are banned from doing business with Huawei, but that does not mean it is illegal for shipping companies to box Huawei phones to another private person. If packing a package in a box constitutes a business relationship with a company, FedEx has a "business relationship" with virtually every company that delivers products through its services. 

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According to FedEx, the answer to this question is very clear that it trumps the government's lawsuit, saying that the current situation "essentially represents the contents of millions of bags sent by FedEx to the police every day." Even if doing so is an almost impossible task, logically, economically, and in many cases, legal. FedEx further argues that the export administration regulation (EAR) ban: "violation of the rights of public carriers, due process of the Fifth Amendment to the United States Constitution, because they unreasonably require carriers to strictly undertake transportation, May violate the ear does not need to prove any violation of the airline knowledge. " 

Wilbur Ross (Wilbur Ross), United States Secretary of Commerce, said: "under this provision, ordinary carriers are not allowed to transport goods in knowledge of violations of entity lists or other export control agency regulations. It does not need an ordinary carrier to be a police officer or to know what is in each package. " 

The question here seems to be whether FedEx needs to conduct a rigorous packing inspection to determine where the goods come from. FedEx believes that if the government does not do so, the law may allow it to prosecute it for transporting illegal goods.Secretary Ross's comments suggest that this is not a correct interpretation of the law, at least in his view. Perhaps the best way to figure things out in front of a judge is to clarify the issue and determine the extent to which FedEx needs to carry out inspections before taking on major responsibilities in order to meet its obligations. PCMag is able to ship a P30 from California to its east coast office, so the problem seems to be limited to international shipping, at least for now. 

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What is most telling about this problem is that major changes to the law have injected huge chaos into the supply chain. Even after FedEx clarified, Parcelforce and FedEx remain confused about whether this particular package will be delivered. Repeated shipment is necessary and we still do not know until tomorrow if the equipment will really arrive. 

A full-scale trade war between the United States and China and the expansion of restrictions on more companies may release transport chaos, saying that an Brexit without any agreement could be very chaotic later this year. In particular, if FedEx and other companies are legally required to impose a trade embargo by inspecting a large number of packages. We are not saying that things will go this way, but if the US-China trade talks do break up, the roar of a mobile phone could be an ugly sign of the future.

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