FMC Issues Advisory on Port Congestion Surcharges
The rules in effect on the date cargo is received by the common carrier or its agent govern any given shipment, said the Federal Maritime Commission in an industry advisory. Therefore, under FMC regulations, "if any cargo-related disruption were to…
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occur at a port after cargo has been tendered by a shipper, a carrier may only lawfully charge the rates in effect on the day the cargo is tendered," it said. The rules apply both to import and export cargo, said the FMC. the agency also noted that any tariff rule, including surcharges, of a common carrier that results in an increased cost to a shipper may not be effective earlier than 30 days after publication. The advisory is in response to "numerous informal inquiries in relation to certain congestion surcharges," it said.