COSCO Charged Unfair Detention, Motor Carrier Claims
COSCO Shipping Lines charged unfair detention and unfair chassis, storage, stop-off and redelivery fees, Access One Transport said in a complaint filed with the Federal Maritime Commission on March 1. The California-based motor carrier said that COSCO violated the Shipping Act by charging unfair fees when the containers couldn't be returned due to lack of appointments, dual transactions and specific actions by COSCO's and its terminals.
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From April 2021 to August 2022, Access One delivered full containers from COSCO terminals at the Ports of Los Angeles and Long Beach to its customers, and after its customers unloaded the cargo, the motor carrier returned the empty containers within the free time allowed, the motor carrier said. Access One also said it picked up the containers using chassis "owned or controlled" by third parties, and motor carrier said it was charged a daily rate for using them.
COSCO would provide the locations for the return of the empty containers on a "routine basis," Access One said. Sometimes Access One would have to do a dual transaction, where it would pick up a full container at the same time that it dropped off an empty container, the motor carrier said.
In order to return the empty container in a dual transaction, Access One had to make an appointment with COSCO and there were often no appointments available, the motor carrier said. Even when there were appointments available, there were limits on how many empty containers could be returned in a day, Access One said. The motor carrier would contact the terminals directly to get appointments and was unable to do so, leading to what it said were unfair detention charges.
Since Access One had to hold onto empty containers and the "corresponding chassis" for days, it incurred storage and chassis charges, and because the motor carrier couldn't usually return the containers to COSCO directly, it incurred stop-off and redelivery charges as well.
Access One is claiming over $336,000 in damages from detention charges, over $124,000 in chassis charges, over $139,000 for storage costs, over $31,000 in stop-off charges, and over $20,000 in redelivery charges, the motor carrier said.
The company asked the FMC to order COSCO to stop its current conduct and put in place "lawful and reasonable" practices to avoid continued violations, order reparations for the damages, attorneys' fees, and any other payment or relief the Commission deems appropriate.
COSCO didn't respond to our request for comment.