The Federal Maritime Commission told lawmakers that it is still investigating port issues caused by the COVID-19 pandemic (see 2102020050 and 2102250039), including unfair detention and demurrage fees and reports that carriers are declining to carry U.S. agricultural exports. The FMC has “yet to make any final determinations” on those issues but will take action against any “practices that violate the law,” the commission said in a March 17 letter to House members released this week.
More than two dozen lawmakers urged the Federal Maritime Commission to penalize ocean carriers for declining to carry U.S. exports, saying the practices may violate shipping regulations and should be met with enforcement actions. Ocean carriers are denying bookings to U.S. exporters because the carriers can charge more for imports, 24 senators from both sides of the aisle said in a March 2 letter. In a separate letter, Rep. Kim Schrier, D-Wash., said the practice is “extremely harmful” to U.S. farmers, especially apple and pear exporters in Washington state.
The Port of Los Angeles launched a digital tool to allow traders to access truck capacity information and track cargo, which should help shippers and cargo owners better “predict and plan” cargo flows. The “Control Tower” data tool, launched Feb. 24, provides traders “snapshots” of truck turn times at the port’s terminals and “recent and future trending volume data,” the port said. Updates throughout the year will add more features. Port Executive Director Gene Seroka said the tool will help “get critical and reliable information to San Pedro Bay port stakeholders so that they can improve decision making and efficiencies.” The port is among many that have struggled to relieve container congestion since the start of the COVID-19 pandemic, leading to a rise in detention and demurrage fees (see 2102090028).
The maritime shipping industry is struggling to find a short-term solution to the unprecedented congestion occurring at U.S. ports, which continues to impose large costs on traders and further clog the global supply chain, industry representatives said. Although work is being done by the Federal Maritime Commission and Congress to provide relief, they said many of those efforts will do little to ease port issues in the near future.
The Federal Maritime Commission will begin issuing information demand orders to ocean carriers and terminal operators to determine if they are violating detention and demurrage practices, the FMC said Feb. 17. The orders will be sent to ocean carriers operating in an alliance and calling at the Port of Los Angeles, the Port of Long Beach or the Port of New York and New Jersey, and will require them to provide information on how they impose detention and demurrage charges, and their policies related to container returns and container availability for exporters (see 2012090009), the commission said.
A bipartisan group of lawmakers is hoping to fund an emergency maritime relief program to help unclog port congestion caused by the COVID-19 pandemic and provide relief for U.S. shippers. The Maritime Transportation System Emergency Relief Program, created last year, could provide more resources to terminals that are seeing severe shortages in skilled labor and equipment, and help alleviate the nationwide backups in trucks and container vessels, House members said.
For weeks, dozens of container ships have dotted the waters of California's San Pedro Bay, waiting to unload at a port experiencing its highest level of congestion in years. With no space to drop their cargo, the ships sit in limbo, further slowing imports and exports and clogging a global trading system that some shippers view as broken.
Detention and demurrage disruptions are causing devastating damage to U.S. intermodal carriers and are placing large burdens on the shipping and transportation industry, the Harbor Trucking Association said in a new report. The association, which represents U.S. drayage carriers serving West Coast ports, and TradeLanes, a technology company focused on streamlining global commodity trade, surveyed HTA members and found that more than half reported critical negative effects on their business from the detention and demurrage costs. Detention and demurrage is common in the industry as well, with 64% of respondents saying that they incur them on more than 15% of their containers with the average price around $200 per container. Once the charges are levied, governmental relief is rarely given, with 80% of respondents saying they got charges reduced 0-25% of the time. The charges cost more than money, evidenced by the majority of respondents saying the invoices take at least 45 minutes to complete.
The National Customs Brokers & Forwarders Association of America issued several tips for industry dealing with unfair detention and demurrage fees. In a Feb. 1 email to industry, the group said shippers and traders should try to work out a “satisfactory arrangement” with the billing party and should reference the Federal Maritime Commission’s guidance on fees (see 2009140045 and 2011170041). If a “reasonable solution” can’t be reached, the NCBFAA recommends reaching out to FMC’s Office of Consumer Affairs and Dispute Resolution Services and sending a report to the FMC, which is reviewing the COVID-19 pandemic's impact on ocean transportation (see 2012180038 and 2011200024). The group also recommends bringing a formal case before the FMC if fees climb higher than six figures.
The Federal Maritime Commission is seeking tips from industry on ocean carriers and terminal operators that are violating regulations on detention and demurrage fees, the FMC said Dec. 17. The information will be used to aid the commission’s investigation into the unfair charges (see 2011200024) that began after industry complained FMC’s May rule on detention and demurrage was being ignored (see 2009140045 and 2011170041).