The National Customs Brokers & Forwarders Association of America sent a letter to the Federal Maritime Commission last week requesting guidance on Ocean Shipping Reform Act regulations. In an Aug. 15 email to members, NCBFAA said it asked the FMC for more “clarity” on OSRA provisions that restrict common carriers from invoicing parties for detention and demurrage unless the invoice includes certain required information. The group also asked the commission about the fee dispute process; made “inquiries with respect to the treatment of ocean carrier vendors, such as railroads and chassis pools”; and asked about new, prohibited conduct for common carriers. NCBFAA asked FMC to explain “to what extent do these new prohibitions and requirements, especially for invoicing, apply to marine terminal operators, customs brokers, freight forwarders, breakbulk agents, and other entities assessing and invoicing” fees.
The Federal Maritime Commission is making headway on implementing the Ocean Shipping Reform Act of 2022 and is preparing two new rules that will further revise or clarify how its regulations apply to carrier and shipping practices.
Ongoing labor negotiations between West Coast ports and their dockworkers’ union are unlikely to cause major disruptions, said David Bennett, chief commercial officer of Farrow, a customs broker and logistics provider. But that doesn’t mean shippers should expect the negotiations to wrap up anytime soon. “I don't think we'll have a contract before September, to be honest with you,” Bennett said during a July 14 webinar hosted by the Journal of Commerce.
The Federal Maritime Commission on June 24 alerted industry that certain provisions of the Ocean Shipping Reform Act took immediate effect when the bill became law on June 16 (see 2206160064). Some of the provisions that already took effect involve demurrage and detention invoices, which apply to “all charges and invoices over which the Commission has existing jurisdiction,” the FMC’s general counsel said in a memo. The FMC said “parties with questions related to their obligations should consult with their legal counsel.”
The Ocean Shipping Reform Act, which would punish carriers who reject exports from West Coast ports if the Federal Maritime Commission deems those decisions as unreasonable, was signed into law June 16. The FMC is directed to begin a rulemaking on the matter. The law also puts the burden of proof on the reasonableness of demurrage and detention fees on ocean carriers, rather than the parties who were charged the fees.
The June 13 passing of bill that aims to force shipping companies to accept U.S. exports on the return trip to Asia, and which further codifies Federal Maritime Commission's attempts to police detention and demurrage charges, was hailed by politicians as an inflation solution and greeted with caution by industry players.
President Joe Biden, speaking at the Port of Los Angeles, praised the collaborative work of port officials and workers and the government to break through logjams, and partly blamed foreign-owned shipping companies for rising prices.
The Federal Maritime Commission this week approved a $2 million settlement agreement with Hapag-Lloyd for alleged shipping violations involving the company’s detention and demurrage practices. Hapag-Lloyd also agreed to take several steps to improve its billing practices, including posting an updated tariff policy to its website, conducting a “training session” on the FMC’s detention and demurrage rule for all employees involved in billing, and publishing on its website a “complete list of locations that it has authorized to accept empty Hapag-Lloyd containers.”
The Federal Maritime Commission this week announced three new initiatives it hopes will aid shippers and address supply chain issues, including one that will establish a new International Ocean Shipping Supply Chain Program and another that will reestablish the commission’s Export Rapid Response Team. The FMC will also “take the steps necessary” for carriers and marine terminal operators to employ a designated FMC compliance officer.
Commissioner Rebeccca Dye of the Federal Maritime Commission this week released the final report stemming from a two-year investigation of the effects of the COVID-19 pandemic on the international ocean freight delivery system, which includes a dozen new recommendations to address supply chain and maritime logistics issues. The report, previewed by Dye last month (see 2205180056), has recommendations for mandatory FMC compliance officers, a clearer process for returning containers and a new investigation into carrier charges assessed through tariffs.