FMC Approves Recommendations Related to Unfair Port Fees, Shipper Reparations
The Federal Maritime Commission approved some recommendations made by Commissioner Rebecca Dye in July to address ocean freight delivery and port issues (see 2107290021), the commission said Sept. 25. Under one recommendation, the FMC will issue a “policy statement” to provide guidance to shippers seeking to obtain reparations for violations of the Shipping Act, including unfair detention and demurrage fees. The statement will provide guidance on the “scope of the prohibition against carrier retaliation,” when attorney fees may be imposed on the losing party, and who may file a complaint with the FMC.
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The FMC is also preparing to issue a pre-rule to seek comments on whether it should require ocean carriers and terminal operators to include “certain minimum information on or with demurrage and detention billings.” The rule will also seek comments on whether the FMC should require carriers and operators “to adhere to certain practices” regarding the timing of billings for detention and demurrage fees.
While those recommendations required formal FMC approval, the commission said it has also moved forward with other recommendations from Dye, including hiring more staff for its Consumer Affairs and Dispute Resolution Services. The FMC will also designate one person as the agency’s “exporter advocate.” The commission will make decisions on the other recommendations “as developments warrant.”