Hapag-Lloyd America said the Federal Maritime Commission should dismiss a complaint that alleged the company violated U.S. shipping regulations (see 2212280026), saying the FMC “lacks personal jurisdiction” in the matter. Hapag said Jan. 17 that Wisconsin-based logistics company M.E. Dey “incorrectly” asserted that Hapag is an ocean common carrier -- the company said it doesn’t meet the definition of a carrier.
The Federal Maritime Commission published its fall 2022 regulatory agenda, including mentions of several rules surrounding carrier practices, billing requirements and discriminatory shipping practices that it had hoped to issue in December. At least one of the rules was governed by a statutory deadline set for last month under the Ocean Shipping Reform Act.
Major ocean carrier MSC denied allegations that its demurrage practices violated U.S. shipping regulations, saying a December complaint from U.S. metal trader CCMA lacks “meritorious factual basis.” MSC asked the Federal Maritime Commission to dismiss the complaint.
The Federal Maritime Commission denied a Chinese freight forwarder’s motion to dismiss a complaint that said the forwarder delayed 20 container shipments in order to submit higher detention and demurrage invoices (see 2210250021). The FMC’s chief administrative law judge Jan. 4 ordered China-based Shenzhen Unifelix to submit a response to the complaint by Jan. 20, requiring the company to also answer charges levied by U.S.-based Way Interglobal Network that Unifelix tried to change the terms of a signed service contract.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Export Compliance Daily is providing readers with the top 20 stories published in 2022. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
Hapag-Lloyd violated U.S. shipping regulations when it failed to make containers available for pickup, causing demurrage charges for Wisconsin-based logistics company M.E. Dey to exceed more than $136,000, the company said in a complaint to the Federal Maritime Commission released last week. Dey said Hapag-Lloyd’s demurrage charges were “unreasonable,” and the FMC should require the ocean carrier to pay Dey reparations.
Shippers mostly supported the Federal Maritime Commission’s proposal for demurrage and detention billing requirements (see 2210070079 and 2203250028), saying in comments this month the new invoice requirements will bring more transparency to the industry. But at least two carriers continued to lobby for revisions to the proposed requirements, saying they could lead to burdensome new rules and wouldn’t result in more efficient container pickups and returns.
The Federal Maritime Commission’s proposed demurrage and detention billing requirements (see 2210070079) may lead to “unintended consequences” by only allowing “contracted parties to be charged with demurrage and detention fees,” the National Association of Chemical Distributors said Dec. 13 in comments to the FMC. NACD is “concerned that this requirement would in some cases force parties that are not responsible for the conduct that caused the incurrence of the demurrage and detention fees to be charged and liable for detention and demurrage fees,” NACD Vice President of Regulatory Affairs Jennifer Gibson said. “This would cause additional delays, add more time for demurrage fees to accrue unnecessarily, and increase the potential for disputes.”