The Federal Maritime Commission has jurisdiction on cargo moved inland only under a through bill of lading, and contracts between a vessel-operating common carrier and a motor carrier not based on the through bill of lading would "likely be" outside the scope of commission's new detention and demurrage rule released in February (see 2402230049), the commission said. The FMC, in a correction to that rule set to be published in the May 9 Federal Register, stressed that a vessel-operating common carrier must comply with the new detention and demurrage requirements when issuing an invoice if FMC's jurisdiction applies.
Detention and demurrage
Demurrage is the time that filled containers spend inside a terminal when imported into the U.S. This is measured from the time they are offloaded from the vessel until the time they are picked up at the port. Detention is the time that containers spend outside the terminal. This is measured from the time between picking the containers up from the port and returning them to the port when they are empty. Demurrage and detention penalty charges will be incurred if an importer does not pick up the filled container or drop off the empty container in the time allotted by the port or carrier. The Federal Maritime Commission regulates detention and demurrage charges in the ocean environment.
The National Customs Brokers & Forwarders Association of America asked the Federal Maritime Commission questions on the demurrage and detention final rule (see 2402230049). The NCBFAA, in comments dated April 22, said the questions were submitted on behalf of its members and other "industry stakeholders" and raised several questions that were not addressed in the final rule.
'Head Scratching' Likely After D&D Rule in Effect; Changed Broker Terms Possible, NCBFAA Lawyer Says
FORT LAUDERDALE -- The effective date for the Federal Maritime Commission's new rule on detention and demurrage may not provide a long enough "runway" for industry to prepare, given that it's a "systemic alteration" of how the industry operates, said Ashley Craig of Venable. He said he suspects there will be a lot of "head scratching" after the rule becomes effective on May 28 (see 2402230049).
The Federal Maritime Commission on April 5 warned the ocean transport industry against imposing unreasonable detention and demurrage fees as shippers and carriers adjust their supply chains due to the collapse of the Francis Scott Key Bridge in Baltimore last month (see 2403260047).
A Texas shipper accused major Chinese ocean carrier Cosco Shipping Lines of violating U.S. shipping regulations through unfair detention and demurrage charges, costing it nearly $2 million in damages. Visual Comfort & Co, a shipper of lighting products, said Cosco “refused” to extend free days for containers that couldn’t be returned to the port and declined to divert shipments to less crowded ports, allowing the carrier to charge “astronomical” D&D fees.
Bed Bath & Beyond filed a complaint with the Federal Maritime Commission this week accusing Mediterranean Shipping Company of violating the terms of a service contract and unjustly assessing millions of dollars in detention and demurrage charges. The company said MSC failed to meet its service requirements, coerced Bed Bath & Beyond into paying "extracontractual prices and surcharges," and assessed fees when Bed Bath & Beyond couldn't pick up or return the containers.
Federal Maritime Commission staff have "nearly" completed the drafting process for the commission's upcoming final rule on detention and demurrage, and are "reviewing several late filed subsequent comments that have come in within the past month," FMC General Counsel Chris Hughey said at a Sept. 21 FMC meeting.
Taiwan-based carrier Yang Ming Marine Transport Corp. violated the Shipping Act by not providing agreed upon space, charging "extracontractual prices and surcharges” and charging unfair detention and demurrage fees, Bed Bath & Beyond said in a recent complaint to the Federal Maritime Commission. Bed Bath & Beyond is seeking reparations for the "injuries" caused by Yang Ming, telling the FMC that it may have been subject to more than $700,000 in unfair charges.
Federal Maritime Commissioner Carl Bentzel expects the government to eventually scrutinize certain rail storage fees imposed by ocean carriers on through bills of lading, he said during an industry conference this week. He also said the FMC is “very close” to finalizing its rule on detention and demurrage billing requirements and wants to better address issues involving service contract disputes between carriers and shippers.
Hapag-Lloyd violated U.S. shipping regulations by failing to establish adequate facilities to return empty containers to the Port of New York and New Jersey and unfairly charging detention and demurrage for containers caught in the "logistical paralysis" of its own making, Rahal International said in a June 30 complaint to the Federal Maritime Commission. Rahal, an Illinois-based importer and distributor of fruit and vegetable juices, said backlogs and delays created by the shipping line damaged some of its juice shipments, leading to hundreds of thousands of dollars in damages.