The Federal Maritime Commission is probing whether ocean carriers are refusing to supply containers to inland U.S. agricultural exporters in order to send more empty containers to Asia, FMC Chairman Michael Khouri said. Those actions may violate FMC regulations, he said, including the Shipping Act. “This abandonment of a significant U.S. export industry -- the American agricultural industry -- is shutting them out of global markets,” Khouri said during the Dec. 8 Global Maritime Conference. “We are looking into all potential -- I repeat -- all potential responsive actions.”
The International Federation of Freight Forwarders Associations issued a “toolkit” for industry to better understand and apply the Federal Maritime Commission’s May rule on detention and demurrage fees (see 2004290037). The toolkit, released last week, summarizes the rule, details its applicability and scope, and analyzes industry objections. The FMC recently announced an investigation into whether ocean carriers are violating regulations on detention and demurrage charges (see 2011200024), after industry said the rule is being ignored (see 2011170041).
The Federal Maritime Commission will begin investigating whether ocean carriers are violating regulations on detention and demurrage fees, container returns and container availability for U.S. exports, the agency said Nov. 20. The investigation, which will be led by FMC Commissioner Rebecca Dye, will look at ocean carriers operating in alliances at the Port of Long Beach, the Port of Los Angeles and the Port of New York and New Jersey to determine if their unfair fees and container practices are “amplifying the negative effect of bottlenecks” at the ports.
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More than 40 trade groups urged the Federal Maritime Commission to suspend certain detention and demurrage charges they say are being unfairly imposed by ocean carriers and marine terminals, saying the charges violate guidelines issued by the FMC in May (see 2004290037). The groups said their members have paid more than $150 million in “unreasonable” fees at the ports of Los Angeles and Long Beach and the Port of New York and New Jersey due to “massive congestion created by record setting volumes” and a shortage of labor and available chassis.
The Federal Maritime Commission plans to discuss a rise in non-compliance with its May rule (see 2004290037) on detention and demurrage charges after industry complained that the rule is being ignored, Rebecca Dye, an FMC commissioner, said during a Nov. 10 session at the Coalition of New England Companies for Trade virtual conference. She said she will soon make “recommendations” to other commissioners to address the rule and other issues, including problems surrounding container returns.
The Nigerian Shippers Council ordered terminal operators to refund unauthorized transfer and storage charges on shippers and freight forwarders or “face serious sanctions,” the Hong Kong Trade Development Council reported Oct. 13. Shippers and freight forwarders complained to the NSC, the country’s port regulator, that they have been “arbitrarily charged levies” on container demurrage, storage and transfer by shipping firms and terminal operators for the “transport of goods to off‑dock terminals without their knowledge,” the report said. The NSC ordered port operators and other shipping agencies to “immediately” refund the charges collected since June 1 or face a “total shutdown.” Some terminals have not complied with the order, including Nigeria’s Denca Bonded Terminal, which allegedly owes more than $100,000 (in U.S. dollars) in refunds. The NSC plans to place staff at bonded terminals “to gather weekly reports on charges.” NSC issued guidance, according to the HKTDC report, indicating that “storage and demurrage fees on goods that need to be moved from seaport terminals to off‑dock terminals without the consignees’ consent should only be imposed after the goods’ arrival at the designated off‑dock terminals.”
The Federal Maritime Commission said its May rule on detention and demurrage charges (see 2004290037) is helping to reduce unfair penalties imposed by carriers, but industry said the fees are continuing and the FMC’s guidance is not being followed. The rule “at first seemed to be a great victory,” said Rich Roche, vice president of international transportation at Mohawk Global Logistics, speaking during a virtual conference hosted by the National Customs Brokers & Forwarders Association of America Sept. 14. But Roche, who is also the chair for the NCBFAA’s Non-Vessel Operating Common Carrier Subcommittee, said some carriers increased their demurrage and detention fees the same week the rule was finalized.
Ghana recently waived detention and demurrage fees on all cargo at the country’s seaports while government-imposed restrictions due to the COVID-19 pandemic remain in place, according to an April 28 notice from the Hong Kong Trade Development Council. The measure applies to all charges on cargo that has been held at ports since March 30, the report said.
The Federal Maritime Commission will adopt a final rule to give industry guidance on how it assesses the “reasonableness” of detention and demurrage charges, the agency said on April 28. The rule has garnered new attention due to charges caused by COVID-19-related shipping delays (see 2003190041) and is meant to give industry clarity on how FMC will consider whether detention and demurrage policies incentivize the movement of cargo or whether they are unjustified. The rule will become effective upon its publication in the Federal Register.