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 the title or by clicking on the hyperlinked reference number.
Hapag-Lloyd was ordered to pay $822,220 by a U.S. administrative law judge after a Federal Maritime Commission investigation determined the carrier imposed unfair detention fees, according to an April 22 decision. Hapag-Lloyd “acted unreasonably” by charging detention fees on a drayage provider that was unable to make appointments to return empty containers, the FMC’s Bureau of Enforcement said, and continued to impose the charges after they were disputed alongside “corroborating evidence.”
The House’s ocean shipping bill contains some “troubling” export provisions and could place unfair burdens on carriers to meet exporter needs, said John Butler, a carrier industry official. But exporters view the provisions differently and think they could ensure carriers are treating both import and export shipments equitably, said Karyn Booth, a transportation lawyer.
Exporters told the Federal Maritime Commission that detention and demurrage invoices need to include the earliest return dates containers will be allowed at the terminal, and that "clock-stopping events," such as a lack of appointments to bring a container to the terminal, should also be on the invoices. However, the World Shipping Council said that while the earliest return date is something shippers need to know, they need to know it before a carrier invoice.
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 the title or by clicking on the hyperlinked reference number.
The Ocean Shipping Reform Act, which aims to end unreasonable detention and demurrage and make ocean carriers accept more exports, passed the Senate by a voice vote on March 31.
The Federal Maritime Commission has so far received mixed feedback on the possibility of new demurrage and detention billing requirements (see 2202070026), with shippers saying the rules are sorely needed and at least one carrier saying the industry shouldn’t face additional regulations.
The Senate Commerce Committee passed the Ocean Shipping Reform Act by a voice vote March 22. The bill would shift the burden of proof on unreasonable detention and demurrage to carriers and forbid them from unreasonably declining export shipments. A recent panel at the Capitol revealed that before the COVID-19 pandemic-related supply chain crunch, 20% of containers went back to Asia empty, and now it's 80% (see 2203180050).
The Federal Maritime Commission is expanding its Vessel-Operating Common Carrier Audit Program to analyze how shipping lines are serving U.S. exporters, the agency said March 21. As part of the audit program, the FMC will ask ocean carriers to share information about the export services they offer and potential opportunities to “increase access to service offerings.”
The Ocean Shipping Reform Act is part of the House China package, and a Senate version is going to have a markup next week. House co-sponsor Dusty Johnson, R-S.D., said the bill's advocates need senators "to be able to punch this into the end zone."