Congress should amend shipping regulations to give the Federal Maritime Commission jurisdiction over certain fees assessed by railroads under ocean bills of lading, more than 70 trade groups, including the National Customs Brokers & Forwarders Association of America, said in a May 2 letter to the House Transportation and Infrastructure Committee. The groups said those charges should be billed through the contracting carrier and be subject to demurrage and detention invoicing requirements that were included as part of the Ocean Shipping Reform Act.
Bed Bath & Beyond (BBBY) said shipping company Orient Overseas Container Line Limited (OOCL) failed to meet "minimum quantity commitments" as part of a contract with BBBY and imposed unfair detention and demurrage charges. In an April 27 complaint filed with the Federal Maritime Commission, BBBY asked the FMC to investigate OOCL for violations of the Shipping Act, order the company to put reasonable detention and demurrage practices in place and require it to pay reparations for the conduct.
NEW ORLEANS -- Federal Maritime Commissioner Max Vekich signaled he’s open to a further expansion of FMC authority, including potentially allowing the FMC to scrutinize certain rail storage fees.
NEW ORLEANS -- Charge complaints before the Federal Maritime Commission are increasingly trending toward significant settlements or awards, industry officials said, urging shippers to file complaints if they believe they’re facing unfair carrier practices. Carriers are choosing to settle rather than draw the FMC’s attention, they said, especially for complaints involving demurrage or detention fees.
NEW ORLEANS -- The National Customs Brokers & Forwarders Association of America is preparing to ask Congress to allow the Federal Maritime Commission to exercise jurisdiction over certain rail storage fees. NCBFAA is drafting a letter to Reps. John Garamendi, D-Calif., and Dusty Johnson, R-S.D. -- the two House authors of the Ocean Shipping Reform Act -- that could ask the lawmakers to require the FMC to more forcefully regulate rail-assessed demurrage fees charged on ocean containers traveling inland.
South Korea-based SM Line Corp. failed to properly perform its transportation obligations to inland destinations, leading to unfair detention and demurrage charges, Samsung Electronics America said in an April 19 complaint filed with the Federal Maritime Commission. Samsung accused the global shipping company of "unjust and unreasonable" practices in handling property, providing invoices without "adequate information" and imposing unreasonable charges in violation of U.S. shipping regulations. Samsung asked the FMC to require SM Line to pay Samsung reparations for the "unlawful conduct" and order it to stop the conduct. Samsung also requested an oral hearing.
The Federal Maritime Commission is "actively seeking information" to confirm whether ocean carriers and marine terminal operators are complying with a recent ruling about per diem detention charges, the FMC said March 23.
The Federal Maritime Commission is preparing for increased enforcement this year as it expects to receive more complaints and hire more investigators as part of a $43.7 million congressional funding request -- an uptick from the nearly $35 million it asked for last year.
Beginning April 1, Maersk will begin invoicing shippers directly for detention charges instead of charging motor carriers by default, it said in a March 6 client advisory. "This change will support our aim to provide timely and accurate detention invoicing to the correct party," the advisory said.
A new set of recommendations previewed by a member of the Federal Maritime Commission this week could help carriers, ports, railroads and others better harmonize supply chain data and information sharing. Commissioner Carl Bentzel, speaking during a Feb. 15 Commerce Department advisory committee meeting, said he hopes to know this summer whether the FMC plans to move forward with a formal rulemaking.