United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
United States
    Country Guide 2017
    Cross-Border Trading Report
    Your guide to international e-trading

    A report researched & compiled by eCommerce Worldwide,
    supported by

1
United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
The US Cross-Border Trading Country Guide 2017 is the
latest publication in a series of international trading guides
produced and maintained by eCommerce Worldwide, our sister
associations and supporters for a variety of key territories
around the globe.
These are designed to operate as comprehensive guides for cross-border
e-Trading, exclusively focusing on the B2C markets in their subject territories.
The complete set of published Guides are available for download on the
eCommerce Worldwide website at ecommerceworldwide.com/countries
and on the websites of our approved publisher network
For more information please visit
www.ecommerceworldwide.com
or you can email
info@ecommerceworldwide.com

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
CONTENTS
Foreword                               4
Executive summary                     6
The opportunity                        7
Online & mobile statistics overview   11
m-Commerce                            15
Cross-border shopping                 17
Routes to market & marketing          18
Marketing                             21
Legal framework & regulations         27
Logistics & delivery                  29
Finance, payment & fraud              36
Taxation                              39
Conclusion                            41
About Landmark Global                 42
About eCommerce Worldwide             43

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
FOREWORD
By Landmark Global

The size, scope and nuances of the US market
have proved a challenge for many European
retailers looking to establish a store presence
in the country. From experience, however,
the team at Landmark Global know that it is                             You can find more information about
a market with lots of opportunity for the savvy                         Landmark’s services at:
international digital retailer.                                         www.landmarkglobal.com

Representing one of the oldest and most affluent consumer markets in
the world, the US should be approached with a healthy degree of care
and understanding. It is a market made up of 50 states, each with its
own tax regimes and laws, consumer preferences and infrastructures.

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
US consumers are adopting ecommerce, to the           Landmark Global has a strong presence in the
tune of $394bn in 2016. Additionally, 77% of online   country, with major distribution and fulfilment
shoppers have said that they are open to shopping     centres in key areas, and a team that understands
internationally and 42% have done so already.         that this is more than shipping boxes around
Yes, a proportion of this will be with their North    the globe. Each item represents a promise to the
American cousins in Canada but the UK, China and      customer, financial success to a retailer and the
Australia are also favourite shopping destinations.   result of a partnership; a team that helps your
                                                      business grow and flourish in this exciting market.
Key to international sales success in the US is
the retail proposition. Customers expect to know      This cross-border trading report will give you
the price they will be paying at checkout, have a     invaluable insight in to this varied marketplace,
choice of competitive delivery options (or better     highlighting key areas of interest and action points
than domestic retailers), localised payment options   that you will want to consider. Every business
and service levels that make a business stand out.    is different but the core themes highlighted will
Landmark Global understand these challenges and       provide some direction to your considerations.
have the resources to make sure that both your
business, and customers, have a good experience.

    A market of over 300 million connected
    consumers is certainly worth aiming for,
    and we are ready to help you
    achieve your goals.               p
                                   sho nally
                                                                            42%ernatio
                                                                             int

                                                                        US ecommerce spend

                                                                     $394bn
                                                                     in 2016

                                                                                                         5
United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
18th May 2016
EXECUTIVE      SUMMARY
 The Platinum Suite | ExCeL London
With the largest global economy, a population of over 324 million and internet penetration of
over 88%, the United States of America (US) is an attractive market by any measure. A strong and
growing GDP per capita of over $56,000 and widespread use of English as a main language makes
this multi-cultural market relatively easy to access. Its sheer size does present some challenges,
with most of the population either on the west coast or in the east of the country. Four main time
zones can make providing customer support a challenge, but internal infrastructure generally
supports rapid communications.

Ranked in 2015 as the number one country for            Facebook dominates the social media landscape, and
ecommerce, the US is driven by consumer demand          the increasing consumption of video through social
with overall retail worth $4.83 tn, and web sales       platforms makes it – and others such as Snapchat –
recorded as $394 bn, up 15.1% in 2015.                  interesting marcomms channels.
With Compound Annual Growth (CAGR) predicted            Email is an attractive marketing tool, with average
for online sales as around 7.4%, it is worth noting     order values increasing to $116.10 in Q4 2016, and
that consumer electronics, clothing and personal        response rates of 3.7%
care are expected to outperform the market with
                                                        Payments is dominated by credit cards, which
CAGR of around 10% each.
                                                        account for 47% of all online retail transactions with
The main players in the ecommerce field are             PayPal, at over 20%, a requirement as well.
Amazon, eBay and Walmart, and desktop
                                                        Fulfilment options are key to competing with
transactions still dominate the device landscape.
                                                        domestic merchants. A blend of delivery options
However, mobile device usage is increasing,
                                                        should be made available, with 5-7 days acceptable
with 62% of online consumers having access to a
                                                        at an appropriate price point. It is important to
tablet, suggesting that desktop dominance may be
                                                        clearly state what the delivery promise is and to
challenged over the coming years. In the meantime,
                                                        consistently achieve this.
desktop is favoured by cross-border shoppers.
                                                        The legal situation is complicated by laws being set
The UK, China and Canada are top international
                                                        at Federal and State level. However, most consumer
destinations for US online shoppers. 77% of all
                                                        legislation is set at a state level, and areas such as
online users are open to the idea of shopping
                                                        returns requirements are left, predominantly, to the
internationally, whilst 42% have done so.
                                                        retailer. However, the wider market expectations will
Peak trading periods are like other territories —       set these and often include ‘paid-for’ returns.
the US is the ‘home’ of Black Friday. However,
                                                        Taxation is a sales tax, and is paid for at point of
there are some differences that are worthy of note.
                                                        consumption. 12,000 tax jurisdictions can make this
Digital advertising is particularly strong, with        a complicated area. However, imports of less than
overall spend topping $67 bn in 2016. Retail is         $800 FOB are duty- and tax-exempt.
the biggest contributor to this, and whilst search
                                                        Whilst the US is not one market, with careful
represents 27% of this total, 47% was aimed at mobile
                                                        planning and attention to the retail proposition,
formats, pointing to the potential for strong growth
                                                        international merchants will find a willing audience;
in these devices.
                                                        variety, choice and value are key to success.
Google is key for an effective search strategy,
although some data sets point to Amazon.com being
the top consumer destination for product discovery
in the US market; making a presence in their
marketplace an attractive proposition.

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
THE OPPORTUNITY
Territory overview
World ecommerce rank 1                                    Official language None; English is language of
Capital Washington DC                                     Government; Spanish (12.9%) also spoken widely

Largest city New York City                                Gross domestic product $18.03 trn

Area 3,500,000 sq miles                                   Currency US Dollars (USD / $)

Population 324 million                                    Internet TLD .us .gov .mil .edu .com

Components 50 states

With the largest global economy, a world-leading technology sector, and an affluent middle class, the US
is an attractive market to enter. Its population of over 309 million also represents a mixed cultural society,
and whilst English is spoken by 72.6% of the population, 12.9% speak Spanish. The cultural makeup stems
from the Americas’ mixed past, with colonial influences from Britain and France alongside South American,
Caribbean and African cultures figuring widely.

Figure 1 – Regional map of the US. Source: US Department of Commerce

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
Table one below lists all of the states, their approved abbreviations and postal codes. The eastern coast is made
up of many smaller states whilst the central belt is made up of fewer, much larger states.

State                  Abbreviation      Postal code       State                    Abbreviation     Postal code
Alabama                     Ala.             AL            Montana                     Mont.            MT
Alaska                    Alaska             AK            Nebraska                    Nebr.            NE
American Samoa                               AS            Nevada                       Nev.            NV
Arizona                    Ariz.             AZ            New Hampshire                N.H.            NH
Arkansas                   Ark.              AR            New Jersey                   N.J.             NJ
California                 Calif.            CA            New Mexico                   N.M.            NM
Colorado                   Colo.             CO            New York                     N.Y.            NY
Connecticut                Conn.             CT            North Carolina               N.C.            NC
Delaware                    Del.             DE            North Dakota                 N.D.            ND
Dist. of Columbia           D.C.             DC            Northern Marianas                            MP
Florida                     Fla.             FL            Ohio                         Ohio            OH
Georgia                     Ga.              GA            Oklahoma                    Okla.            OK
Guam                      Guam               GU            Oregon                       Ore.            OR
Hawaii                    Hawaii             HI            Palau                                        PW
Idaho                      Idaho             ID            Pennsylvania                  Pa.             PA
Illinois                    Ill.             IL            Puerto Rico                  P.R.             PR
Indiana                     Ind.             IN            Rhode Island                 R.I.             RI
Iowa                       Iowa              IA            South Carolina               S.C.             SC
Kansas                     Kans.             KS            South Dakota                 S.D.             SD
Kentucky                    Ky.              KY            Tennessee                   Tenn.            TN
Louisiana                   La.              LA            Texas                        Tex.             TX
Maine                     Maine             ME             Utah                         Utah            UT
Maryland                    Md.             MD             Vermont                       Vt.             VT
Marshall Islands                            MH             Virginia                      Va.            VA
Massachusetts              Mass.            MA             Virgin Islands               V.I.             VI
Michigan                   Mich.             MI            Washington                  Wash.            WA
Micronesia                                   FM            West Virginia               W.Va.            WV
Minnesota                  Minn.            MN             Wisconsin                    Wis.            WI
Mississippi                Miss.             MS            Wyoming                      Wyo.            WY
Missouri                    Mo.             MO

Table 1 – US state postal codes and abbreviations

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United States Country Guide 2017 Cross-Border Trading Report Your guide to international e-trading
ECONOMIC STATISTICAL OVERVIEW
Country statistical profiles: Key tables from OECD - ISSN 2075-2288 - © OECD 2017
Country statistical profile: United States 2017
                                                  UNITS              2012     2013     2014     2015
     PRODUCTION AND INCOME                        Unit               2012     2013     2014     2015
                                                  USD current
     GDP per capita                                                  51 370   52 689   54 484   56 066
                                                  PPPs
     ECONOMIC GROWTH                                                 2.2      1.7      2.4      2.6
     Real GDP growth                              Annual growth %    2.2      1.7      2.4      2.6
     TAXES                                                           2.2      1.7      2.4      2.6
     Total tax revenue                            % of GDP           24.1     25.7     25.9     26.4
     Tax on personal income                       % of GDP           9.3      9.9      10.2     10.7
     Tax on corporate profits                     % of GDP           2.0      2.1      2.2      2.2
     Taxes on the average worker                  % of labour cost   29.8     31.5     31.6     31.7
     TRADE                                                           2.0      2.1      2.2      2.2
     Imports of goods and services                % of GDP           17.1     16.6     16.6     15.4
     Exports of goods and services                % of GDP           13.6     13.6     13.7     12.6
     Goods trade balance: exports minus
                                                  Bln USD            -741.2   -702.2   -752.2   -762.6
     imports of goods
     PRICES AND INTEREST RATES
     Inflation rate: all items                    Annual growth %    2.1      1.5      1.6      0.1
     Inflation rate: all items
                                                  Annual growth %    2.1      1.8      1.7      1.8
     non food non energy
     EMPLOYMENT                                   Annual growth %    2.1      1.8      1.7      1.8
     Employment rate in population aged
                                        %                            46.0     46.5     47.6     48.6
     15-24
     Employment rate in population aged
                                        %                            75.7     75.9     76.7     77.2
     25-54
     Employment rate in population aged
                                        %                            60.6     60.9     61.3     61.5
     55-64
     UNEMPLOYMENT                                 %                  60.6     60.9     61.3     61.5
     Unemployment rate:
                                                  %                  8.1      7.4      6.2      5.3
     total labour force

Last updated: 17 January 2017; disclaimer: http://oe.cd/disclaimer

Source: OECD Data (data.oecd.org). For explanatory notes, see OECD Factbook 2015-2016
(DOI: 10.1787/factbook-2015-en).

                                                                                                         9
Largest cities:
According to the 2012 US census there are 745 places where more than 50,000 people live. Each state has a
capital city but the following table shows the most populous cities in the US.

Rank                                 City; state                          2012 population
1                                    New York City; New York              8,336,697
2                                    Los Angeles; California              3,857,799
3                                    Chicago; Illinois                    2,714,856
4                                    Houston; Texas                       2,160,821
5                                    Philadelphia; Pennsylvania           1,547,607
6                                    Phoenix; Arizona                     1,488,750
7                                    San Antonio; Texas                   1,382,951
8                                    San Diego; California                1,338,348
9                                    Dallas; Texas                        1,241,162
10                                   San Jose; California                 982,765

Table 2 – Top 10 US cities by population. Source: www.citymayors.com
The population distribution is very much concentrated on the eastern seaboard with vast tracts of the central
/ western parts of the country being sparsely populated. There are also population centres on the western
coast. This spread plays to the benefits of the digital economy but presents some of its greatest challenges,
creating as it does cultural differences, four time zones and demands on logistics.

Source – www.census.gov

 10
ONLINE & MOBILE STATISTICS OVERVIEW
The technology pedigree of the US needs little introduction. Many of the globally-known household names
have originated from the country. Internet penetration at nearly 89% is as high as in most European countries,
although geography can make supplying the infrastructure difficult and expensive. Increasing at a rate of
1.1%, the total connected population is still showing signs of modest growth. The same issues with rolling out
the infrastructure also make the use of the internet and ecommerce attractive; in some areas it is difficult to
physically visit the stores of the most popular brands.
                                                                               * estimate
Year    Internet        Penetration                 Total           World
        users**         (% of pop. with internet)   population      rank       ** Internet User = individual who can access
                                                                                  the Internet at home, via any device type
2016*   286,942,362     88.5 %                      324,118,787     3             and connection.

2015*   283,712,407     88.2 %                      321,773,631     2

2014    279,070,327     87.4 %                      319,448,634     2

Table 3 – Status of internet usage in the US: Source: www.internetlivestats.com
Interestingly, the global position of the US in terms of total internet users has slipped from 2nd to 3rd
in global rankings, being overtaken by a more populous country, India. China still retains the number one
ranking on this measure.
Analysis in 2015 showed that the US online market was ranked as number one for attractiveness, being scored
particularly strongly in terms of growth potential and with consumer behaviour. This indicates an openness to
engage more fully in digital channels, and that the country has infrastructure to support this.

Rank     Change Country                      Online          Consumer       Growth          Infrastructure Online market
         in rank                             market          behaviour      potential       (20%)          attractiveness
                                             size (40%)      (20%)          (20%)                          score
1        +2           United States          100.0           83.2           22.0            91.5           79.3
2        -1           China                  100.0           59.4           86.1            43.6               77.8
3        +1           United Kingdom         87.9            98.6           11.3            86.4               74.4
4        -2           Japan                  77.6            87.8           10.1            97.7               70.1
5        +1           Germany                63.9            92.6           20.5            83.1               66.6
6        +1           France                 51.9            89.5           21.0            82.1               59.3
7        -2           South Korea            44.9            98.4           11.3            95.0               58.9
8        +5           Russia                 29.6            66.4           51.8            66.2               48.7
9        +15          Belgium                8.3             82.0           48.3            81.1               45.6
10       -1           Australia              11.9            80.8           28.6            84.8               43.6
11       -1           Canada                 10.6            81.4           23.6            88.9               43.1
Table 4 – Top 11 countries for ecommerce. Source: A.T. Kearney analysis, 2015

                                                                                                                               11
Total retail sales were reported to be worth $4.83 tn in 2016 by the US Department of Commerce. The same
report in February 2017 also showed that retail sales via websites totalled $3.93 bn in 2016, averaging 8.1%
of total retail sales over the year. Whilst web sales grew by 15.1% on 2015, total retail averaged 2.1% growth
through the year.

                                          Web Sales ($)                          Growth (%)
 2016                                     393,854                                15.1
 2015                                     341,729                                14.6
 2014                                     298,256                                15.4
 2013                                     264,279                                16.5
Table 5 – US ecommerce retail sales. Source: US Department of Commerce, Feb 2017.

        Total retail e-commerce revenue                                                 7.4%

                       Fashion revenue                                                    7.83%

                      Clothing revenue                                                         8.44%

                         Shoes revenue                                          6.32%

          Bags and accessories revenue                                          6.22%

         Electronics and media revenue                                           6.51%

         Consumer electronics revenue                                                                  9.68%

                                            -0.01%

          Food & personal care revenue                                                                 9.69%

             Food & beverages revenue                                                            8.76%

                 Personal care revenue                                                                   10.03%

        Furniture & appliances revenue                                             6.76%

        Furniture & homeware revenue                                                             8.69%

              Home appliances revenue                                      5.34%
             Toys, hobby & DIY revenue                                                   7.55%

                   Toys & baby revenue                                          6.19%

              Sports & outdoor revenue                                          6.16%

            DIY, garden & pets revenue                                           6.52%

            Hobby & stationary revenue                                                                 9.7%

                                          -2%        0%   2%      4%       6%           8%         10%         12%

Table 6 – Retail ecommerce sales CAGR in the United States from 2015 to 2021, by product category.
Source: Statista.com

Overall growth rates in ecommerce are expected to average out at 7.4% between 2015 and 2021. Categories
of particular interest are clothing at 8.44% CAGR, consumer electronics at 9.6% CAGR and personal care at
10% CAGR. Clothing is interesting as this reflects growth trends in other territories and for the international
merchant, a key area where local culture and design is often in demand in new territories. Consumer
electronics will be harder for cross-border sales as manufacturing and distribution rights may limit a
merchant’s ability to sell in to the US.

 12
In distance-selling, individual categories perform differently and the latest (2014) figures from the US
Department of Commerce reporting distance sales (catalogue and ecommerce) show fashion to be one of the
strongest individual sectors online. Interestingly, the sporting goods, book and music sectors are relatively
small overall and online accounts for almost as many sales as offline. By way of contrast, the drugs, health
and beauty aids sector is the largest mail-order retail sector, whilst ecommerce sales are still only a small
proportion of the total.

                                                                         2014
 NAICS Code        Kind of Business                                      Total ($ Mn)         E-commerce
                   Total Retail Trade                                    4,636,345            298,595
 441               Motor vehicles and parts dealers                      1,021,184            28,278
 442               Furniture and home furnishings stores                 99,687               651
 443               Electronics and appliance stores                      104,012              1,308
 445               Food and beverage stores                              669,902              1,079
 446               Health and personal care stores                       299,891              659
 448               Clothing and clothing accessories stores              250,775              4,199
 451               Sporting goods, hobby, book and music stores          85,375               2,471
 452               General merchandise stores                            666,873              102
 453               Miscellaneous store retailers                         116,065              2,713
 454               Nonstore retailers                                    470,196              255,578
 4541              Electronic shopping and mail order houses             386,135              254,712

Table 7 – Table showing category distance sales; total and those via ecommerce. Source: www.census.gov

Providing a more focused view on the online retail picture, the tables below highlight the key product
categories and market share of each. In contrast to other global markets, electronics (including computing)
is still growing strongly, whilst apparel and accessories still outperforms at 18.7% growth through to 2020.
Electricals and fashion are the two core categories for retail in general and online is no exception.

                                                 2015      2016       2017        2018      2019        2020
Apparel & accessories                            16.7%     17.6%      18.3%       19.0%     19.5%       19.9%
Computer & consumer electronics                  21.4%     21.6%      31.7%       21.8%     22.0%       22.1%
Auto & parts                                     8.6%      8.9%       9;1%        9.3£      9.4%        9.5%
Books/music/video                                9.7%      8.7%       8.2%        7.7%      7.3%        6.9%
Furniture & home furnishings                     7.1%      7.3%       7.3%        7.3%      7.3%        7.4%
Health & personal care                           4.5%      4.5%       4.5%        4.5%      4.5%        4.5%
Toys & hobby                                     3.8%      3.6%       3.5%        3.4%      3.2%        3.1%
Office equipment & supplies                      3.4%      3.4%       3.5%        3.5%      3.6%        3.6%
Food & beverage                                  2.2%      2.3%       2.3%        2.3%      2.3%        2.4%
Other                                            22.6%     22.1%      21.7%       21.2%     20.8%       20.6%

Table 8 – Showing US online retail sales by product category: Source: www.emarketer.com

                                                                                                                13
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                                       Second 500 Web Sales Growth   Top 500 Web Sales Growth

Figure 2 – 2015 Online Sales Growth by Category, and by Size of Merchant. Source: internetretailer.com
Category insight from Internetretailer.com and top500.com shows some interesting differences in growth
between larger and smaller businesses, as well as key categories for growth. For example, smaller retailers
are seeing strong growth in apparel, computers & electronics, and sporting goods. Homewares and home
improvement are, however, dominated by the bigger brands. Whilst the stronger growth of the smaller brands
is probably inflated by them starting at a lower baseline, it does provide an indication that there is room in the
market for alternatives to the big names; some ideal categories for cross-border merchants.
Previous data-points have shown the overall trends for ecommerce growth in the US. It should not come as a
surprise to note that the leading online retailers (with two notable exceptions) are multi-category.

 TOP 10 US RETAIL WEBSITES BY UNIQUE MONTHLY VISITORS

                        183    MILLION                               41   MILLION

                        107    MILLION                               36   MILLION

                        101   MILLION                                34   MILLION

                        84   MILLION                                 33   MILLION

                        61   MILLION                                 19   MILLION

Figure 3 – Top 10 US online retailers by unique monthly visitors. Source: comScore July 2016
All of the brands present in this top 10 have also seen a substantial increase in the number of unique visitors
over the previous year. For example, Amazon is up from 164 million to 183 million, Walmart has almost
doubled, going from 57 million to 101 million, and Lowes has gone from 19 million to 26 million. Sears have
dropped out of the Top 10 for 2016, being replaced by Kohl’s who had 33 million unique visitors.

 14
M-COMMERCE
Mobile commerce, as a term, covers two distinct and very different device types - tablet and smartphone.
It is not unusual for a consumer to own both types of device, and increasingly retailers are seeing customer
journeys involving both before a purchase is made.
ecommerce, as a percentage of total retail sales, is growing strongly in the US. However, mobile commerce is
making the biggest gains. Early growth has been particularly strong and in the first half of 2016, Criteo reported
m-commerce growth levels of 30% by the top retailers. This growth brought the share of total ecommerce sales
via mobile device to 52%. Criteo also reported that the share of transactions made via mobile device increased
by 17% in the first half of 2016.
In a similar picture to the popularity of ecommerce brands, the Top 10 online retail site visits by unique visitor
on mobile in 2016 reflects many of the global brands known for their online presence. Similarly, the big US
retail brands also figure highly in the comScore report.

 TOP 10 US RETAIL WEBSITES BY UNIQUE MOBILE VISITORS

                        143    MILLION                         24   MILLION

                        70   MILLION                           2   MILLION

                        68    MILLION                          21   MILLION

                        61   MILLION                           19   MILLION

                        42   MILLION                           17   MILLION

Figure 4 – Mobile unique visitors to US retail brands via app or mobile browser.
Source: comScore Inc. (March 2016)
Worthy of note is the poor performance of BestBuy. At the time of the survey, the brand was significantly
underperforming the market in terms of mobile visitors through both app and mobile web. Anecdotal evidence
from a variety of sources, including Neumob, report that Best Buy invested heavily in a new app and mobile
optimised website during 2016 and this performed far better than expected, and is possibly the reason why
Best Buy ranked poorly earlier in the year.
The key to successful app and mobile-optimised website performance in the US is usability, including
navigation, speed, and particularly its ability to cope with peak trading periods. As with other markets,
the app vs mobile-optimised debate is still going strong.
As with all areas of digital trading, there are caveats to the ‘mobile first’ mentality. Desktop still provides an
important role in the customer’s digital journey, and more so in certain sectors.

                                                                                                                     15
Share of Digital Commerce Spending by Platform

          Video Games, Consoles & Accesories                                   49%                                                     51%
                             Toys & Hobbies                                46%                                                     54%
                         Jewellery & Watches                             41%                                                     59%
                                Event Tickets                            36%                                                     64%
                       Music, Movies & Videos                        32%                                                     68%
                               Sport & Fitness                      31%                                                    69%
              Flowers, Greetings & Misc Gifts                      28%                                                     72%
              Digital Content & Subscriptions                 25%                                                      75%
                              Home & Garden                  22%                                                     78%
           Furniture, Appliances & Equipment             21%                                                      79%
                         Apparel & Accesories           20%                                                      80%
                       Total Digital Commerce          19%                                                       81%
                           Computer Software           15%                                                     85%
                           Books & Magazines       14%                                                       86%
                 Consumer Packaged Goods           12%                                                      88%
                      Consumer Electronics         11%                                                      89%
                             Office Supplies       11%                                                      89%
             Computers / Peripherals / PDAs       8%                                                       92%

                                                                   Mobile                                 Desktop

Figure 5 – Share of Digital Commerce spending by platform.
Source: Comscore, ecommerce & mCommerce measurement Q1 2016

As this graphic from comScore illustrates, sectors such as consumer electronics and computers are weighted
strongly towards desktop sales, whilst mobile accounts for a large proportion of sales in video gaming,
jewellery and flowers.
Tablets are also an important part of the mobile commerce story, representing circa 14% of total ecommerce
retail sales. Research shows that the number of tablet users is expected to increase.

                200

                                                                                                       63.0%                           63.9%
                150                                    60.6%                         61.9%
                               58.5%

                100
                              147.2                    155.5                         161.5             166.5                           171.3
                  50          million                  million                       million           million                         million

                   0
                               2014                    2015                          2016               2017                           2018

                                                 TABLET USERS                                  % REPRESENTED

Figure 6 – The number of tablet users in the US and percentage of internet users represented, 2014 – 2018.
Source: www.internetretailer.com
Overall, however, the trend is a rapid move towards the mobile experience. Price point, complexity of the
purchase, and visuals all have a role to play in determining the right focus.
Overall, the US has a strong and growing ecommerce market. Worth over $393 bn and growing at around 8%,
there is a lot of potential for growth. A sound mobile offering will help international merchants gain traction in
this market, not forgetting a sound desktop experience.

TAKEAWAY: There is a lot of growth potential in the US
digital market, and a multi-device strategy is required to
realise optimum potential.

 16
CROSS-BORDER SHOPPING
A majority of US online shoppers are very open to purchasing goods and services from international
merchants, with 42% having done so, according to research carried out by Ipsos for Bronto Software in
December 2016.
Figures reported by Paypers.com showed that in 2013, 34.1 million cross-border online shoppers would buy
$40.6 bn worth of goods growing to 41.8 million buying $80.2 bn by 2018. US cross-border online consumers
primarily shopped with the UK (49%), China (39%), Canada (34%), Hong Kong (20%) and Australia (18%).
Typically, choice, price, and uniqueness are top of the list as reasons for shoppers purchasing cross-border.

                                      49%      The price is better internationally

                                   43%     The brands or products I like are not available in the U.S.

                             35%    I wanted something unique not found in stores in the U.S.

                20%      The quality is better internationally

          11%    I like the status that comes with shopping internationally

        10%      I want to purchase products found while travelling or living abroad

Figure 7 – Reasons cited by online US consumers for shopping cross-border.
Source: UPS Pulse of the Online Shopper Survey, 2015

    Desktop / Laptop / Notebook           Smartphone             Tablet

    Other device (eg Smart TV, games console, feature phone)

     2%                1%                1%               2%                          2%           3%
                       8%                6%                                 5%
     9%                                                   6%                          9%
                                                                            7%                     10%
                       10%               11%
     13%
                                                         24%               19%        20%
                                                                                                   27%

     76%              81%                82%             68%
                                                                           70%       69%
                                                                                                  60%

    North           Western          Eastern            Middle             Latin     Africa    Asia Pacific
   America          Europe           Europe              East             America

Figure 8 – Device usage by US online consumers who shop overseas.
Source: PayPal 3rd Annual Global Cross-Border Report

Cross-border internet shopping is still done via a desktop although, at a combined 22% the
mobile consumer should not be ignored.

TAKEAWAY: US consumers are very open to shopping
internationally, with price and choice being the top
motivators. Use your brand’s uniqueness in marketing
activities to appeal to these consumers.
                                                                                                                17
ROUTES TO MARKET & MARKETING
Many of the promotional tools available to retail marketers globally were born in the US. This section
reviews some of these methods whilst also highlighting key opportunities. As ever, though, localisation is key,
and whilst the tools might be familiar, their implementation can be very different. Peak trading is
a good example.
As with other markets, there are peak trading days for retail in the US and these are reflected online.
The main holiday-based shopping days are around Thanksgiving and Christmas. Thanksgiving is
celebrated on the fourth Thursday of November, with the following Friday being Black Friday.
                   Thanksgiving

                                  Black Friday

                                                                        10PM

                                                               Cyber
                                                              Monday

                                                                                                 Thanksgiving purchasers by device
                                                 11AM

            10PM

                                                                                                                           54%

                                                                                                 14%
                                                                                        32%

   TUE    WED     THU                FRI          SAT   SUN    MON     TUE

Figure 9 – Peak online shopping hours over the festive period.
Source: SLI systems
The following Monday is Cyber Monday, traditionally                          Global merchants will be well aware of certain
the peak online trading day. Cyber Monday scores                             key peak trading periods. However, there are some
strongly, as consumers can do a lot of research over                         subtle differences in the US market with Black Friday
the preceding few days and then look online to make                          and Cyber Monday being the key days that consumers
sure they are getting the best deal. It was originally a                     are well aware of. A plethora of websites exist purely
day designed by pure-play merchants to counteract                            to provide consumers notice of where the best deals
the peak for in-store shopping, Black Friday. Recent                         can be found on these two days.
years have seen an increase in promotional activity                          For example, Blackfriday.com.
online for Black Friday.
                                                                             Also worth noting is the way in which consumers’
Other retail days are important but not to the same                          shopping habits are changing around these peak
extent. According to the National Retail Federation’s                        times. Not only are they increasingly going online,
Retail Insight Centre, average spending on                                   the device type used is changing. 46% of all
back-to-school items has increased by 31% since 2004                         online purchases were done via mobile device on
to $72.5 bn (€57.9 bn). Mother’s Day and Valentine’s                         Thanksgiving 2016, 32% of which was via smartphone.
Day are significantly more popular than Easter,
while Halloween is growing in popularity. The Super
Bowl (final) weekend in February is also a major US
retail event.

TAKEAWAY: Mobile and desktop need to be part of
any US strategy. Plan for peak and understand the local
nuances of these days.
 18
Social media
With over 170 million social media users in the US in 2014, and the figure projected to exceed 200 million by
2020, social media is as much a part of the retail landscape as in many other territories. According to Pew
      % ofFacebook
Research,    onlineisadults    usage
                       regularly used by 79% of online Americans, whilst Instragram is used by 32%.
100%
                                                                                  Facebook is by-far the most dominant
                                                                                  US social media platform, with a share
 80%                                                                              of over 45% of total visits to social media
                                                               Facebook - 79%
                                                                                  during August 2015 in the US market.
                                                                                  With such a dominance, Facebook is the
 60%                                                                              place for shoppers to discover discounts
                                                                                  and news (www.sas.com). The video sharing
                                                                                  website, YouTube, is also an important player
 40%                                                                              with 21% share. Other platforms are relevant
                                                               Instagram - 32%    to certain sectors. For example Pinterest
                                                               Pinterest - 31%    works well in the fashion space. Pinterest has
                                                               LinkedIn - 29%
 20%                                                           Twitter - 24%      assisted 56% of active female Pinterest users
                                                                                  ‘at least once or twice’ with a purchase of hair
                                                                                  care or beauty products. This percentage is 20%
   0%                                                                             higher than for male Pinterest users (PFS Web).
       2012           2013          2014      2015     2016

Research by brandwatch.com in 2016 highlighted:
• Facebook now sees 8 billion average daily video views from 500 million users
• Snapchat users watch 6 billion videos every day
• US adults spend an average of 1 hour, 16 minutes each day watching video on digital devices
• 78% of people watch online videos every week, 55% watch every day

                     Demographic Composition of Major Social Networks
                                                                                 1.0
100%                                                                             3.5
                             8.9       8.4      5.5     7.4            7.5                8.0      8.7
              10.6                                                               7.7
 90%                                            11.1
                                                                                          11.1     9.5
                             14.1      14.5             15.2          13.7
              15.7                                                               11.7
 80%
                                                15.5                                               14.4
 70%                                   16.7             16.6          17.4
                                                                                          15.5                       Age 18-24
              18.1           18.3
                                                                                 29.2
 60%                                            19.4
                                                                                          16.8     17.1              Age 25-34
                                                        20.5          20.9
 50%
              18.8
                             20.8      20.0                                                                          Age 35-44
 40%
                                                25.6                                      21.7     22.1
                                                                                                                     Age 45-54
 30%                                   22.2             23.6          23.9
              20.3           22.4
                                                                                 46.8                                Age 55-64
 20%

 10%                                            22.9                                      26.9     28.1              Age 65+
              16.5                     18.2             16.8          16.5
                             15.5
  0%

Table 10 – Mix of social media activity by demographic and platform; Source: comScore/marketingland 2016
Whilst the demographics of Facebook usage are fairly consistent across age ranges, Snapchat is particularly
heavily utilised in the 18-34 year old groups. The challenge for brands is how best to use this platform as part
of a commercial strategy.

                                                                                                                               19
Electronics                                                                   The prevalence of mobile devices
                                                      31%
                                                                              is also reflected in social media
Home furnishings                                      40%                     interactions within the physical
Automotive                                                                    retail environment. A 2015 report
                                                      32%
                                                                              by Deloitte Digital showed that
Entertainment                                         18%                     shoppers purchasing baby /
Baby / Toddler                                                                toddler and home furnishing
                                                      56%                     categories were particularly likely
Apparel                                               29%                     to engage in social media. This has
                                                                              obvious implications for marketers
Health / Wellness                                     33%                     in these categories, both in terms
Food / Beverage                                       21%                     of brands wanting customers to
                                                                              convert in-store and those pure-
Table 11 – Percentage of consumers that use social media during their         plays looking to tempt consumers
shopping journey by category; Source: Deloitte Digital                        with an online purchase.

TAKEAWAY: Develop a localised social media strategy
that matches category expectations, especially in the baby
and home furnishings areas. Consider building in video
content for increased effectiveness.
Search
Google dominates the search landscape in the US with 64% of total search traffic. However providers such as
Bing and Yahoo!, whilst not the majority players in the market, still represent millions of users.

                                                        Explicit core search share (%)
Core search entity
                                             Nov 2016                                    Dec 2016
Google sites                                  64.0%                                       64.0%
Microsoft sites                               20.3%                                       20.4%
Yahoo sites                                   12.7%                                       12.7%
Ask network                                    1.7%                                        1.8%
AOL Inc.                                       1.2%                                        1.2%
Figure 10 – comScore Explicit Core Search Share Report December 2016*
*“Explicit Core Search” excludes contextually driven searches that do not reflect specific user intent to interact
with the search results.

From a performance perspective, the same rules around SEO and advertising apply as they do in other
territories. One important element though is recognising localisation and terminology. From a search
perspective, this includes recognising that American English can be very different from British English.
For example, ‘colour vs color’ and ‘pants’ versus ‘trousers’. These are more obvious examples but serve to
highlight the subtleties that could impact the effectiveness of search marketing.
As with other territories, localisation should include the URL / domain name. ‘.com’ is used as the US top-
level domain. If this is available to a business then it offers further reassurance to US consumers wishing to
purchase from a merchant, in addition to the positive impact on SEO.

TAKEAWAY: A Google-based strategy and localisation of
search terms is key. Balance paid-for and SEO investment
and measure effectiveness regularly.

 20
MARKETING
Digital advertising in the US rose 19.1% in H1 2016            Social media advertising, still largely an unknown
to $32.7 bn, according to the Interactive Advertising          quantity for many merchants, represented returns
Bureau (IAB). Historically, H1 represents 53% of               of $7 bn in H1 2016, an CAGR increase of 54% over
the annual total and following that trend, total ad            the previous year.
revenues for 2016 which are yet to be reported,
                                                               Search revenues have stabilised, being a more
should be circa $67 bn.
                                                               established advertising channel. However, they are
Reflecting the increasing importance of mobile, the            massively shifting in terms of device usage. Desktop
IAB also reported that mobile advertising grew from            search was down 12% on H1 2015 to $8.9 bn, whilst
30% of total ad spend in H1 2015 to 47% in H1 2016;            mobile search now represents $7.4 bn.
a figure that is sure to increase as mobile becomes
more entrenched in consumers’ digital interactions.

                          Ad formats - first half 2016
                                     Total - $32.7 billion

                                        3% 1% 1%
                                   3%
      Search
                                     7%
      Mobile
                                                        27%
      Banner                      10%

      Video

      Classifieds                             47%
      Lead Generation

                                                                               3%

                                                                         10%
                                                                                                           Search

                                                                                     48%                   Banner
                                                                         39%
                                                                                                           Video

                                                                                                           Other

Figure 11: Mix of total US digital advertising spend.
Source: IAB/PWC Internet Ad revenue report HY 2016
The retail vertical is still the strongest sector for digital advertising, responsible for 21% of the
total digital ad spend.

TAKEAWAY: Mobile-optimised advertising is a key
component for any US digital advertising strategy.

                                                                                                                21
Email marketing
As part of the marketing mix, email marketing still provides an important tool for driving sales, both online
and offline. As with all marcomms activity, the key to effectiveness is in the offer. US consumers respond
well to free delivery offers, with 54% in a 2015 UPS survey saying that this would prompt a purchase.
Marginally behind, at 53%, was a discount offer. Interestingly, store events and direct mail still played
an important role for many consumers.
                                   Likelihood that these promotional vehicles will prompt shopping
                                                                 54% Emails offering free shipping
   Emails with                                                   53% Emails offering a discount
   promotions
   are more                                           34% Emails reminding you that you left items in your cart that includes an incentive
   likely to prompt                                 31% Store events
   shoppers to buy
   from a retailer                                28% Direct mail
   than other formats
                                                 25% Text messages with promotions

                                                23% Emails with product recommendations based on past purchasing
                                               22% Emails reminding you that you left items in your cart without purchasing

                                               21% Emails with product recommendations based on what others have purchased

                                             19% Posts on social media

                                             18% Ads that seem to follow you around the internet showing you a product you recently viewed

                               Q: How likely are the following forms of retailer advertising to prompt you to shop with a retailer?

Figure 12 – Role of promotional tools in prompting a purchase.
Source: UPS Pulse of the Online Shopper Survey, 2015.

Of all verticals, research shows that retail customers are being the most proactive in adapting to the
emergence of mobile and tablet devices, leading the way in numbers opened on tablet, and second only to
media and entrainment on mobile. According to Experian Marketing Services North America in Q4 2016,
56% of total email opens occurred on mobile phones or tablets in Q4 2016, matching the percentage seen in
Q4 2015. By contrast, only 41% of emails are opened by retail customers on a desktop.
US consumers are still using desktop, so whilst mobile is important, brands should not neglect the ‘traditional’
email experience, but rather adapt and acknowledge the different requirements of each device.

Variables               Q4: 2015     Q4: 2016

Total open rate         25.0%        29.0%                                                                      15.9%

Unique open rate        15.7%        18.1%                                                                     14.7%

Click-to-open           9.2%         8.6%         -6.1%

Total click rate        2.3%         2.4%                                     4.2%

Unique click rate       1.6%         1.7%                                            5.6%

Transaction-to-click    6.2%         7.5%                                                                                        22.1%

Transaction rate        0.06%        0.07%                                                                              18.1%

Revenue per email       $0.07        $0.09                                                                                                    29.2%

Average order           $101.41      $116.10                                                                14.5%

Bounce rate             2.7%         3.4%                                                                                                    28.7%

Unsubscribe rate        0.09%        0.10%                                             6.3%

YOY rate                                                                                      9.6%

Figure 13 – Email performance analysis for Consumer products & services sector.
Source: Experian Marketing Services North America in Q4 2016

 22
The Experian report also highlighted some interesting developments in email marketing for the consumer
products & services sector. Open rates in Q4 2016 were up from 25% in 2015 to 29% in 2016. Revenue per email
was also up, as were average order values which moved from $101.41 to $116.10.

TAKEAWAY: Email marketing is still a key tool in
marketing to the US consumer. Ensure the offer is valid
and that priority is given to relevance.
Direct Mail
Direct mail still plays an important role in US consumer product discovery. According to the US Postal
Service, consumers receive 16 pieces of direct mail per week, compared to over 100 emails. 70% of direct
mail is opened and 79% read for at least one minute.

                            16                                      100
                                                                     Emails per week

                    Pieces of direct mail per week

Figure 14 – Direct mail compared to email volumes.
Source: Xerox Direct Mail eBook 2016
44% of this mail is discarded immediately if it isn’t relevant whilst 80% of consumers are more likely to open
personalised messages. According to a DMA study in 2015, of those consumers who responded to direct mail,
54% went to a referenced website and 45% went on to make a purchase.
Figure 15 – Performance of Direct Mail vs digital marketing channels.

                   Response rates:                                  Email: 0.2%

                    3.7%                                            Paid Search: 0.2%
                                                                    Other digital channels: 0.2%
                     Direct mail                                    (Mobile, Social Media,
                                                                    Display Advertising)

Source: Xerox Direct Mail eBook 2016
As a result, direct mail in the US competes very favourably with its digital counterparts. The DMA report
recorded response rates of 3.7% for direct mail, against 0.2% for email and 0.1% for paid search.

TAKEAWAY: Whilst comparing favourably to digital
marketing techniques, the ability to scale and individual
performance metrics won’t make direct mail right for every
business. Perhaps plan to use as a retention tool.

                                                                                                            23
Optimising customer experience
Retailing is always about the customer experience       From a digital perspective, customers are
and this should be in line with a merchant’s            particularly concerned with the availability of
proposition. US consumers are no different in           support information. For example, 66% of the
this regard and generally have high expectations.       shoppers surveyed said that they were happy with
                                                        the availability and clarity of information relating to
US customers are generally happy with the
                                                        returns. Furthermore, 59% of shoppers were satisfied
local retail experience, both online and offline.
                                                        with the ease of finding a retailer’s customer service
Figures from the UPS Pulse of the Online Shopper
                                                        phone or contact option via the website. 44% were
Survey (2015) showed that 62% of those questioned
                                                        satisfied with the ability to find a retailer’s live chat
were happy with the in-store experience, while 83%
                                                        option, and 43% were satisfied with access to live
said the same about online. However, the online
                                                        chat within the checkout experience. The last two
picture was varied and satisfaction depended on
                                                        points around live chat have some way to go and
device. The ‘traditional’ desktop experience was
                                                        the various contact points are even more important
felt satisfactory by 84% of those surveyed while
                                                        for a foreign business looking to trade into a
75% said the same about tablet and only 65% about
                                                        territory; they all provide potential consumers with
smartphone interactions. The main issues cited were
                                                        confidence in the brand.
screen size, size of imagery, and security concerns.

TAKEAWAY: provide clear mechanisms for customer
support and ensure they allow for the time difference;
including across the country.

Consumer confidence                                     Fear of fraud
Consumer confidence in online is affected by many       The fear of private data being lost by businesses feeds
factors, but the main areas of concern are fraud,       the fear of fraud, particularly as data loss is most
delivery, returns, refunds, and data protection.        often associated with payment card details. 57% of
According to a study commissioned by Truste, 92%        American consumers are concerned about identity
of US internet users worry about privacy online, an     theft, according to the 2014 Unisys Security Index.
increase on the 89% of 2013. Along the same theme,      60% of US consumers also say that they are unlikely
only just over half (55%) of US consumers trust         to trade with a business again after there has been a
businesses with their data online, and 58% worry        data breach.
about businesses sharing their information with
                                                        A privacy survey by GFK highlighted 48% of
other businesses.
                                                        consumers avoiding at least one type of online
The more worrying trend is that 74% of internet         service; with 18% avoiding auctions, 17% online
users are more worried about online privacy than        banking and 16% social networks.
a year ago. Solutions to this are not easy, but steps
                                                        Visa Inc’s 2015 digital commerce study found that 37%
include clarity of data use, clarity around gaining
                                                        of consumers questioned were not making purchases
consent, and giving customers the option to change
                                                        via a mobile device due to security concerns. 21%
their preferences, which all provide confidence that
                                                        didn’t make a purchase via a mobile device because
the brand is trying to do the right thing.
                                                        they didn’t know if their usual merchant accepted
There are also several trust marks and quality seals    card payments via mobile.
available in the US market that would help reassure
consumers, particularly about foreign brands trading
into the country.

TAKEAWAY: Clear communications around processes
and protection will go some way to assuaging fears
around fraud.
 24
Marketplaces
The benefits of online marketplaces are numerous, but the biggest for a merchant looking to trade into a new
territory is the power of its brand. Even a well-known domestic brand will struggle against established local
brands. The marketplace provides a degree of legitimacy and comfort that reduces the barriers to purchase
for a local consumer. Whether they represent a short- or long-term partner really depends on the merchant’s
plans and brand strategy. In the short-term, the marketplace provides a low-risk method of entering a new
market and learning from the experience.
Many of the globally-known brands are US-based and for 65% of shoppers, their reviews are major
contributors to a purchase decision (UPS Online Consumer Pulse survey 2015).
The top US marketplaces are illustrated in the following table. BestBuy shut its marketplace down to third
party sellers in 2016.

                                    Million Monthly unique visitors
Amazon                                           188
eBay                                             122
Walmart.com                                      110
Newegg                                            40
Sears.com                                         15
Rakuten.com                                       13

Table 12 – Online marketplaces – latest publicly available data; Source: various

A consumer survey by BloomReach in April 2016, revealed Amazon had 53% of consumers’ first
product search, with 27% for search engines and 19% for retailers. This really illustrates the power of
marketplaces in a shopper’s product discovery phase and therefore the importance of the channel for
the international merchant.

TAKEAWAY: Identify a marketplace partner that matches
your audience requirements and suits your ability to fulfil
and service their customer base.

                                                                                                             25
Loyalty and vouchers
Customer acquisition and retention strategies can be very similar globally. However, the American
retail market has long been known to be dominated by vouchers and coupons as a promotional tool.
Some consumers are avid collectors and users and according to ilovecouponmonth.com, 37% of
surveyed shoppers want all coupons to be digital.

 Digital and mobile coupons                                                    Values
 Projected number of US smartphone mobile coupon users by 2015                 74.1m
 Projected number of digital coupon users in the US by 2016                    126.9m
 Percentage of adult internet users in the US who use digital coupons          55%
 Consumer behaviour                                                            Values
 Share of respondents who use any type of coupon when shopping                 93%
 People living in households that used coupons for groceries                   181.37m

Table 13 – Overview coupon statistics; Source: Statista.com

Not only are vouchers / coupons widely available, 93% of shoppers surveyed about their couponing use said
that they use coupons when shopping. To set some context, 55% of US internet users use coupons.
As a promotional tool they certainly have their place, and distribution can be achieved via a number of
focused voucher websites. The following table highlights the top 10 by estimated monthly visitors. Each have
their benefits and slightly different way of operating. Choice will be down to a merchant’s retail proposition
and appetite for discounting or value differentiation.

Rank                        Website                             Estimated monthly visitors
1                           GroupOn                                    30,000,000
2                         RetailMeNot                                  24,000,000
3                             Zulily                                   20,000,000
4                           Coupons                                     18,250,000
5                         ShopAtHome                                   18,000,000
6                          SlickDeals                                   17,000,000
7                         LivingSocial                                  12,000,000
8                             Woot                                     10,000,000
9                            eBates                                      7,500,000
10                          FatWallet                                   6,000,000

Table 14 – Most popular voucher / deal websites in the US market; Source: www.ebizmba.com March 2017

Where mobile devices meet digital couponing, women are more engaged than men when using applications
for ‘voucher’ sites. King Retail Solutions report that 14% of US female smartphone owners use the Groupon
app versus 9% of men, 9% use the RetailMeNot app, and 4% use the LivingSocial app. Only 1% of the men
surveyed used the latter two.
Not all vouchers have the same impact, and there are regional differences to take into account. According to
the UPS Pulse of the Online Shopper Study (2015) 61% of respondents in the US wanted a free product / gift
certificate / cashback offer based on frequent purchases. Product discounts came in second at 58% and free
shipping a close third at 57%.

TAKEAWAY: Couponing / vouchers are a key part of the US
retailing landscape. Use tactically, as in any other market
and be aware of the impact of high redemption levels.
 26
LEGAL FRAMEWORK & REGULATIONS
With a federal system of government, there is a wide range of legal influences on any business looking to trade
in to the US. Some legislation is set at the federal level, but most consumer legislation is set at the state level.
The following section provides a non-exhaustive list of key legislation and is intended to highlight the main
legal instruments that will affect a merchant looking to trade electronically in to the US.
Advice from the Federal Trade Commission states that whilst there is a ‘cooling off period’ of 3 days for sales
over $25 made in the physical store environment, an exception is currently in place for sales made entirely
online, or by mail or telephone. This means that unless the sold good is defective or if the seller breaks the
sales contract, then the consumer has no right of return.
However, a survey by e-BuyersGuide.com found that 86% of online shoppers rated return policies of
significant importance in choosing an online merchant. With this level of expectation, international
merchants would be advised to implement a returns policy that competes favourably with other in the
market. For example, free returns and an extended returns period; 30 days isn’t uncommon.
Smallbusiness.com notes that individual states may have tighter regulations in this area but many will
rely on the retailer’s own terms of contract to state the consumer’s rights in this situation.
Data protection is an issue decided at federal level with the Federal Trade Commission having overall
responsibility for its implementation.

  Topic Area             Relevant Regulations                          Purpose
  Privacy and Data       The Federal Trade Commission Act              Regulation of the processing of personal
  Protection             (15 U.S.C. §§41-58) (FTC Act)                 data
                         Children's Online Privacy Protection          Applies to the online collection of
                         Act (COPPA) (15 U.S.C. §§6501-6506)           information from children, and the Self-
                                                                       Regulatory Principles for Behavioural
                                                                       Advertising.
                         Fair Credit Reporting Act                     Notification of breach of data security
                         (15 U.S.C. §1681)
                         Controlling the Assault of Non-Solicited      Regulates unsolicited
                         Pornography and Marketing Act of              commercial e-mail
                         2003 (“CAN-SPAM Act”), 15 U.S.C.
                         7701-7713

However, the state of California has its own acts covering data protection which will impact any business
that trade into the state; effectively making it a compliance requirement for most website operators aiming
at the US market.

  Topic Area             Relevant Regulations                          Purpose

  Privacy and data       “Shine the Light” law (Cal. Civil Code.       Visibility of data disclosure to third
  protection             §§1798.83-1798.84)                            parties

                         California Civil Code Section 1798.82         Notification of breach of data security

                         The California Online Privacy                 Transparency around data security and
                         Protection Act (CalOPPA); Cal. BPC            usage practices affecting consumers
                         §§22575 - 22579                               residing in California

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Intellectual property rights are well covered in the US at a federal level and there are several other
important elements to take notice of, such as the PCI DSS payment card rules and those relating to
the provision of credit.

  Topic Area             Relevant Regulations                          Purpose

  Consumer               The Federal Trade Commission: 16 CFR          Protect consumers from any “unfair”
  Protection             Part 435 Act; The Mail, Internet, or          trade practice
                         Telephone Order Rule

                         Section 5 of the FTC Act (15 U.S.C. Sec.      Protect consumers from “unfair
                         45(a)(1))                                     or deceptive acts or practices in or
                                                                       affecting commerce”

50 states represent a mixed legal picture with most contract law being set at this level. The Uniform
Commercial Code is an effort to harmonise requirements across the 50 states, but is not federal law
and it is up to the individual states to adopt.
The key federal level bodies involved in consumer facing business include The Federal Trade Commission,
who are responsible for ensuring consumers are treated fairly; the Federal Communications Commission,
who regulate interstate and international communications by radio, television, wire, satellite and cable;
the United States Copyright Office, and the United States Patent & Trademark Office.
Law at the state level is a mixed picture, but there are several projects that seek to bring some harmonisation.
For example, the Universal Commercial Code.

Official sources of information include:
www.uscourts.gov US. Courts
www.ftc.gov US. Federal Trade Commission
www.uspto.gov US. Patents & Trademarks Office
http://copyright.gov US. Copyright Office
www.sba.gov US Small Business Administration
www.privacy.ca.gov State of California Department of Justice Office of the Attorney General
http://leginfo.legislature.ca.gov California Legislative Information

TAKEAWAY: This section provides a high level overview
of the complexities of the US legal system. It is advisable
to seek professional, local, advice before trading in to the
country. Design a returns policy that competes with local
merchants and highlight to consumers.
Disclaimer
This section of the eCommerce Worldwide US Cross-Border Trading County Guide document is provided for
general information only and does not constitute legal or other professional advice. eCommerce Worldwide
does not owe any duty of care to any reader of this section of the Country Guide document. You should consult
a suitably qualified lawyer on any specific legal problem or matter.

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LOGISTICS AND DELIVERY
The US market presents some very real logistics challenges, largely due to its size and scale:
• A population of 320 million within 134 million households
• A physical geographical area of 3.5 million square miles and line haul distances of up to 3,200 miles
• Four time zones
As a result, B2C home delivery within the US is dominated by companies able to match that scale,
most notably:
• The United States Postal Service – USPS
• United Parcel Service – UPS
• Federal Express – Fed Ex (now incorporating TNT)
• DHL

There are also regional carriers covering specific cities, states or multi-state areas and companies who create a
national coverage network by contracting with these regional carriers. These companies particularly become
an option when it is possible to manage inventory and returns ‘in country’.
Non-US retailers seeking entry into the US market for the first time will find that there are effectively five
routes to access the US delivery market.

Logistics Choices
Post
Using USPS as the final delivery agent, any retailer’s own domestic postal company can get goods to the USA.
As an example, from the UK Royal Mail’s Standard service with tracked and signed for options would be
suitable for ecommerce deliveries with a 5-7 working day delivery estimate.
In many markets, other service providers are also able to ‘inject’ parcels into the postal network, providing
commercial rates to compete with traditional postal rates, some of which act as the international arm of other
national mail service providers. For example, Landmark Global is part of bPost, the national postal provider
for Belgium and as such it can leverage its strong links with USPS. See Direct Access.

Domestic carriers
In addition to postal operators, domestic carriers in each country will accept online retail orders and ship them
to the US to be handed to local partners for delivery, often global carriers or postal carriers. Service times will
vary depending on the line haul arrangements in place and the US service partner chosen but for example,
from the UK:
• Hermes can provide delivery within 4 to 7 days
• DPD can provide service options spanning 2 to 7 days

Retailers already having a service contract with a
domestic retailer should start by finding out
what options they provide and can use this
as a benchmark.

                                                                                                                 29
Global Carriers
For retailers wishing to keep their orders within a single network throughout, the major global carriers all
provide collection and line haul services from most places in the world, to the US. By way of an example,
the services available to UK retailers are summarised below:

UPS
• UPS Express Plus – 1-2 business days – delivery by 09:00
• UPS Express – 1-3 business days – delivery typically by 10:30, by 12:00 noon or by end of day
• UPS Express Saver – 1-5 business days – delivery by end of day
• UPS Expedited – 2-5 business days – delivery by end of day
• UPS Standard – day definite by date scheduled – delivery during the day

Fed Ex / TNT
• International First – next morning
• International Priority – next day
• International Economy – 3 days

DHL Express
• Delivery in 2 days with next day delivery to New York

Direct Access
Direct Access describes a solution where parcel volume is consolidated for each destination to achieve
better air transport rates. Upon arrival in the destination country, orders are cleared through customs
and injected into local networks (postal and carrier) for final delivery. To manage these more virtual
networks Direct Access often comes with a managed service that may include:
• Expedited clearance
• Multiple points of entry – reducing ‘in country’ line haul costs and lead times
• Calculation and payment of duties on behalf of the client
• HTS (Harmonised Tariff Schedule) code classification management
• Tracking events and proof of delivery (where applicable)
• Tracked returns – for unwanted and undeliverable orders

There are a number of companies providing such services including Landmark Global, wnDirect and P2P.
For example using its postal heritage Landmark Global has 8 of its 22 global operating centres in the US
allowing it to provide a 4-7 working day service to the US from the UK.
Landmark Global provides an example of the full range of services available from Direct Access operators,
allowing retailers to migrate to in country fulfilment and returns management as their volumes grow.
These include:
• Delivery Duty Paid – calculating the cost of duty, taxes and shipping costs in the preferred currency
  to be added to the cost of the product at check out to give the customer the full price of their order.
• Outsourced fulfilment with full warehouse management, pick and pack and dispatch
• Inventory management worldwide
• Returns management including quality checking, refurbishment, restocking or consolidated return
  through collection or bulk delivery

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