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Taiwan Shipping Line Agrees to Proposed Settlement With FMC

The Federal Maritime Commission should approve a proposed settlement with Taiwanese shipping line Wan Hai Lines, the shipping line and the FMC's Bureau of Enforcement, Investigations and Compliance (BEIC) told the commission this week. If the settlement is approved, Wan Hai Lines would be required to pay the FMC $950,000 and issue refunds to parties impacted by its alleged violations of U.S. shipping regulations.

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In a December 2021 order, the FMC said Wan Hai Lines issued 21 detention invoices in cases in which shippers were unable to return containers. The FMC said Wan Hai "either offered no return locations, the designated terminal was not accepting the containers’ chassis, or appointments were unavailable for the subject containers." Wan Hai also refused to waive the charges when the invoiced party "provided Wan Hai with screenshots verifying these restrictions" and requesting a waiver, the FMC said.

Under the proposed settlement, Wan Hai would be required to refund the 21 parties that were issued those detention invoices. The shipping line also would be ordered to refrain from "knowingly assessing detention charges" in situations in which it doesn't provide an equipment return location, it identifies an equipment return location that is not accepting container chassis, or appointments are unavailable for equipment return.

"The current Settlement Agreement significantly expands the limitations on Wan Hai’s activity, requires restitution to the shipping public, and raises the level of civil penalties to be paid as compared to the previous settlement," FMC's BEIC and Wan Hai said. "The Parties submit that, for the reasons enunciated above, the terms of the Settlement Agreement are fair, correct, and valid, as well as consistent with Commission policy."