The Federal Maritime Commission is reviewing a federal court decision issued this week that said the FMC’s 2024 demurrage and detention billing rule (see 2402230049) arbitrarily and capriciously exempted motor carriers from being assessed those fees (see 2509230039). "The Commission is reviewing the court's opinion and will take appropriate action going forward," a commission spokesperson said in a Sept. 24 email.
The U.S. Court of Appeals for the D.C. Circuit on Sept. 23 set aside part of the Federal Maritime Commission's rule limiting the parties against whom "demurrage and detention" fees may be assessed. Judges Sri Srinivasan, Robert Wilkins and J. Michelle Childs held that the commission arbitrarily and capriciously exempted motor carriers from being assessed these fees, given the FMC's "stated rationale" to confine fees to parties who are in a "contractual relationship with the billing party."
The New York-based entity formerly known as Bed Bath & Beyond Inc. has accused France-based ocean carrier CMA CGM of charging “unjust and unreasonable” demurrage and detention fees during the COVID-19 pandemic, according to a complaint filed Sept. 2 with the Federal Maritime Commission.
A Federal Maritime Commission small claims officer on Aug. 7 dismissed a complaint against New Jersey-based Citi Freight Logistics (CFI) and Best International Cargo (BIC) of Canada, saying HP Logistics (HPL) failed to show that the firms engaged in unfair charging practices for dismantling and shipping an excavator from Tennessee to Vietnam.
Lawmakers expressed concerns this week that the Federal Maritime Commission may not have enough resources to continue reforming ocean shipping regulations and enforcing existing shipping laws, particularly after a host of employees resigned from the agency this year.
A Federal Maritime Commission small claims officer on July 14 dismissed a demurrage-related complaint against ZIM Integrated Shipping Services, saying Oregon-based exporter Bridgewell Agribusiness had no contractual relationship with the Israeli ocean carrier.
American Iron & Metal Co. (AIM), a Montreal-based scrap metal recycling company, has accused non-vessel operating common carrier Priva Logistics of New York state of preventing it from retrieving cargo shipped to India and Italy, according to a complaint filed with the Federal Maritime Commission.
A Federal Maritime Commission administrative law judge has approved a confidential agreement to settle allegations by U.S. shipper Supply Source that France-based ocean carrier CMA CGM imposed unfair demurrage and detention charges, according to an FMC notice served June 18. Two Supply Source Enterprises subsidiaries filed the complaint against CMA CGM in February 2024 (see 2402150055), and TZ SSE Buyer later purchased Supply Source’s assets from bankruptcy. CMA CGM denied the allegations.
U.S. shippers QVC Inc. and Cornerstone Brands have accused Singapore-based ocean carrier Ocean Network Express (ONE) of failing to meet its minimum quantity commitments under service contracts for the period of May 2021 to April 2022, according to a complaint filed this month with the Federal Maritime Commission.
FormuKleen, a Boca Raton, Florida-based importer in the hospitality industry, accused Miami-based freight forwarder and customs broker Top Shipping Systems (TSS) of violating the Shipping Act by withholding two “high-value” shipments in an attempt to obtain payment for past-due invoices for other shipments, according to a complaint filed this month with the Federal Maritime Commission.