U.S. Federal Maritime Commission (FMC) Issues Charge Complaint Procedures for Noncompliant Detention and Demurrage Assessments
Commission provides additional information on required information from shippers challenging D&D fees
Last week, the FMC announced new interim procedures to review, investigate, and adjudicate Charge Complaints related to detention and demurrage assessments. These procedures are the result of reforms outlined in the Ocean Shipping Reform Act of 2022 (OSRA), and are intended to facilitate challenges to D&D carrier charges.
As previously highlighted by IAM, these procedures are one of several items the Commission is currently addressing. A continuously updated list of FMC activity pertaining to OSRA can be viewed on this microsite, which is updated by Commission staff as new initiatives, rulemakings and regulations are announced.
All non-compliant charge complaints should be emailed to email@example.com, and include the following information:
- Identification of the common carrier
- Description or statement on how the charge or fee violated 46 U.S.C. §§ 41104(a) or 41102.
- Supporting documentation including Invoices, Bills of Lading, proof of payment for the charges or fees demanded. Screen captures of denied booking appointments for return of equipment, gate closures, or relevant emails also can be provided
IAM will continue to follow, and engage as appropriate, as the FMC further refines dispute procedures and other relevant regulations pertaining to OSRA.