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Does The Letter Of Credit Police The Transaction? Which Seems Better? New Or Reconditioned?

March 2, 2015 Roy Becker

Letter Of Credit, Confirming Bank, Issuing Bank, UCP

LETTER OF CREDIT WAS PAID BY THE BANK This insightful story, told by Jim Harrington, concerns a company that builds equipment for manufacturing cans used in the food and beverage industry. The manufacturer received a letter of credit to pay for a shipment of one machine. Since the documents complied with the terms of the letter of credit, the confirming bank in the Unites States made payment and sent the documents to the issuing bank in Brazil. The issuing bank in Brazil inspected the documents and also honored the payment.

BUYER CLAIMED IT WAS A USED MACHINE, NOT NEW

When the goods arrived in Brazil, the buyer discovered that the vintage machine, manufactured in the 1920s, did not meet the conditions of the contract, which indicated a new machine.

BANKS DEAL IN DOCUMENTS, NOT IN GOODS

When the buyer complained to the issuing bank in Brazil, the bank explained that they deal in documents, not in goods, and that the buyer had no claim against the bank because the documents complied with the terms of the Letter of Credit. As a courtesy, the issuing bank sent a message to the confirming bank, which in turn contacted the beneficiary to inform him of the mistake. Upon checking his records, the beneficiary discovered that through a computer error, a reconditioned machine left their warehouse instead of a new machine.

A GOOD DEAL FOR THE BUYER

The beneficiary contacted the buyer in Brazil with an offer to return the used machine in exchange for a new one, or alternatively, accept a credit of $100,000 and keep the old machine. Upon careful thought, the buyer determined that the more stringent manufacturing specs in the 1920s made the reconditioned machine of better quality than a new one, so he decided to keep the old one and accepted the $100,000 credit.

LETTER OF CREDIT RULES WERE FOLLOWED

The rules for processing letters of credit (UCP) clearly indicate that with a letter of credit, “Banks deal with documents and not with the goods, services or performance to which the documents may relate” (Article 5). Any disputes regarding the goods are handled directly between the buyer and seller, properly leaving the bank as an independent paymaster.

In Blogs, Business, Featured Stories, World Tags bank, beneficiary, brazil, conditions, confirming bank, goods, ICO Terms, International shipping, Letter of credit, manufacturing, shipment, UCP
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Manufacturing Edge Returns to US & Mexico

August 27, 2014 Eppie Marquez

The economics of global manufacturing are shifting. For decades, people have been saying that manufacturing costs are cheap in regions like Eastern Europe, Latin America, and most of Asia. On the other hand, the United States, Western Europe, and Japan have been viewed as having high costs. That worldview is out-of-date according to a new report released by The Boston Consulting Group. Costs have been shifting and the competitive edge now belongs to the U.S. and Mexico.   While the common narrative was still that American manufacturing was dead and done, heavy machinery manufacturer Caterpillar has been shifting production of construction equipment from Japan back to the U.S., creating hundreds of jobs.

Designed with executives of export manufacturing firms in mind, the BCG report describes how steady changes in a variety of factors, such as wages, productivity, energy costs and currency values, are redrawing the map of global manufacturing cost competitiveness. While seemingly subtle, these changes are dramatic.  Some of the shifts in relative costs are actually quite surprising. A decade ago, not many people would have predicted that Brazil would now be one of the highest-­cost countries for manufacturing— and that Mexico could be cheaper than China. Costs in Eastern Europe and Russia have risen to near equivalence with the U.S.

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Key factors behind all these changes vary widely by economy. The BCG researchers say, "skyrocketing labor and energy costs have eroded the competitiveness of China and Russia. A decade ago, for example, manufacturing wages adjusted for productivity averaged an estimated $4.35 an hour in China and $6.76 in Russia, compared with $17.54 in the U.S. Again, adjusted for productivity differences, labor costs have roughly tripled in both countries, to an estimated $12.47 an hour in China and $21.90 in Russia. Average productivity-adjusted manufacturing labor costs in the U.S. have risen by only 27 percent since 2004, to $22.32. The cost of industrial electricity increased by an estimated 66 percent in China and 78 percent in Russia, while the cost of natural gas soared by an estimated 138 percent in China and 202 percent in Russia from 2004 to 2014."

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As Forbes reports on the BCG study, the U.S. has emerged as the lowest-cost manufacturing location of the developed world, roughly on par with South Korea. The manufacturing-cost gap between the U.S. and other developed countries widened significantly between 2004 and 2014. Average U.S. costs are now estimated to be 9 percentage points lower than the UK, 11 points lower than Japan, 21 points lower than Germany, and 24 points lower than France.

According to the study, the U.S. is even approached cost-parity with some nations of Eastern Europe.  Our cost gap with China “has shrunk dramatically” and, BCG researchers said, “if the trend of the last ten years continues, will disappear before the end of the decade.” Labor is one key to the growing U.S. competitive advantage. The U.S. has one of the developed world’s most flexible labor markets, ranking as the most favorable economy in terms of labor regulation among the top 25 manufacturing exporters. The U.S. also has by far the highest worker productivity among the world’s 25 biggest manufactured-goods exporters. Adjusted for productivity, U.S. labor costs are an estimated 20% to 54% lower than those of Western Europe and Japan for many products.

Prices for natural gas have risen around the world, but have fallen in the U.S. by around 50% since 2005, when large-scale recovery from underground shale deposits began in earnest." Natural gas currently costs three times more in China, France, and Germany and four times more in energy strapped Japan. The energy component will be a hard one for competitors to tackle in the years ahead, BCG researchers said.

Forbes contributor Kenneth Rapoza continues by saying, "For Mexico, Latin America’s second largest economy has regained its status as a leading low-cost manufacturer, replacing China on many product lines."

In 2000, Mexican manufacturing labor was roughly twice as expensive as China’s. Since 2004, Chinese wages have risen four fold. Mexican wages also rose, but by much less in pesos and even less in dollar terms while the Chinese yuan has gotten stronger over the same period.  The report said that even though China has had higher productivity growth, the average Mexican productivity-adjusted labor costs are now estimated to be 13% lower China’s. Add attractive electricity and natural-gas costs, and Mexico’s total costs are estimated to be 5% below those of China, 9% below those of the U.S., and 25% below those of Brazil, Latin America’s largest economy.

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“Many companies are beginning to see the world in a new light,” said Harold L. Sirkin, a BCG senior partner and co-author of the report. “They are finding that many old perceptions of low-cost and high-cost countries are out of date, and they are starting to realign their global sourcing and production networks accordingly.”

In Featured Stories, Industry, Manufacturing, Mexico, World Tags competitive advantage, manufacturing, Mexico, production costs, U-S-
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