U.S. regulations on shipping companies are further tightening.
A few days ago, the US Federal Maritime Commission (FMC) issued a notice that it will investigate the surcharges of eight ocean carriers – including congestion surcharges related to the continued surge in freight demand and other related surcharges. fee.
Eight ocean carriers are required to provide details about their congestion surcharge and any related fees to the FMC’s Enforcement Bureau. The expedited investigation requires carriers to provide evidence by August 13, 2021 that their surcharges comply with the FMC’s regulatory requirements.
The eight shipping companies reviewed include CMA CGM, Hapag-Lloyd, HMM, Matson, MSC, OOCL, SM Line and Zim.
They were all identified as having recently implemented or announced congestion or related surcharges.
This action was taken in response to multiple complaints received by the FMC that ocean carriers had improperly implemented new surcharges amid the current surge in fees.
In the United States, ocean carriers are subject to specific requirements related to rate changes or rate increases, including providing 30 days notice to shippers and ensuring that published rates are clear and unambiguous .
“The COVID-related surge in import demand has pushed freight rates to record highs,” said FMC Chairman Dan Maffei. “Now, we are hearing more and more reports that , ocean carriers are assessing new additional charges, such as ‘congestion surcharges,’ with little notice or explanation.”
In reviewing ocean carriers, the FMC will determine Whether the surcharge is implemented with appropriate notice; whether the purpose of the surcharge is clear; what events or conditions trigger the surcharge; and whether it is clear what events or conditions have been identified that will terminate the surcharge. The FMC can take enforcement action against fees that are incorrectly established.
“The congestion is primarily due to ocean carriers and heavy traffic through the ports to meet record import demand.
Freight Far from being sudden or isolated to a port or a certain geographical area, congestion in the system is ubiquitous and has been ongoing for many months.
In my opinion, these Factors are already being factored into the record-high freight rates charged by carriers. As Chairman, I want to know the rationale for carriers charging additional fees, and I strongly support close scrutiny by the FMC Enforcement Bureau aimed at stopping any of these additional fees that may not be fully compliant with the law. or regulatory situation,” concluded FMC Chairman Dan Maffei.
Previously, the FMC had issued a notice to audit the nine largest container carriers to ensure that they complied with FMC’s regulations on US demurrage charges and port demurrage charges.
Recently, MCS Industries, a U.S. manufacturing company, sued several large shipping companies to the Federal Maritime Commission (FMC), saying that they were suspected of manipulating spot container freight prices and failing to perform their contractual obligations. , demanding compensation of US$600,000, equivalent to nearly 4 million yuan.
MCS CEO Richard Master noted that shipping lines are currently charging shippers additional fees for delays beyond their control. He said these charges had to stop as they would ultimately be borne by consumers in the form of consumer price inflation.
This complaint may be a good start. Regulators will only pay attention if consumers are vocal enough. </p
