The Federal Maritime Commission (FMC) in an advisory to all regulated entities reminded the ocean shipping industry’s freight forwarders and NVOCCs that its consumer assistance, enforcement, and litigation services could be useful when seeking relief from current supply chain challenges caused by the East-Gulf Coast port labor strike.
The Office of Consumer Affairs and Dispute Resolution Services (CADRS) can act as a facilitator to resolve business disputes or help identify solutions to some situations where the flow of cargo is interrupted. CADRS can serve as a resource for parties uncertain how to resolve issues with ocean shipments.
Individuals who believe they have been improperly invoiced for any charges, including detention and demurrage, can file a Charge Complaint with the Commission and have their claim rapidly reviewed. This provides a quicker, less formal way to challenge a bill.
Parties seeking monetary damages and compensation for a dispute with a common carrier or marine terminal operator (MTO) can file a formal claim that will be heard by an Administrative Law Judge or a Small Claims Officer. Disputes must be related to statutes the Commission administers such as those involving detention and demurrage and the Shipping Act.
The Bureau of Enforcement, Investigations, and Compliance will review any allegations that conduct of a common carrier or MTO violates Commission statutes and regulations.
The Commission issued the advisory to all entities on September 23, 2024, reminding them that they are bound to comply with all Commission administered statutes and regulations.
Parties who believe a common carrier or MTO has violated a statutory or regulatory requirement, particularly as it relates to the application of demurrage and detention charges, are encouraged to report that conduct to the Commission. The Federal Maritime Commission will prosecute any violations of the law to the fullest extent permitted.
John S. Connor will continue to monitor these ongoing negotiations and advise as new developments occur.
