A Chinese freight forwarder illegally tried to change the terms of its signed service contract with a U.S. distributor and purposefully delayed 20 container shipments so it could submit higher detention and demurrage invoices, the American company said in a complaint this month to the Federal Maritime Commission. Indiana distributor Way Interglobal also said China-based Shenzhen Unifelix, a von-vessel operating common carrier, “improperly” disclosed Way’s financial information to Shenzhen’s vendors to try to force Way into agreeing to a new contract.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The EU is hoping for concrete input from the U.S. by year-end on changes to the World Trade Organization’s dispute settlement system (see 2210180006), an EU official said, adding member states are growing increasingly impatient about the U.S.’s lack of action. Sabine Weyand, the European Commission’s director-general, also said the discussions within the EU on extending WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS waiver) have become more difficult.
The Los Angeles and Long Beach ports again postponed by one month a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Oct. 21. The ports had planned to begin imposing the fee in November 2021 but postponed it each week until July 29, when the ports announced their first one-month postponement (see 2207290053). The latest one-month extension delays the effective date until Nov. 18.
The Federal Maritime Commission should exclude non-vessel-operating common carriers (NVOCC) from the scope of a rule that could define a set of factors the commission will consider when determining whether a carrier is violating certain shipping regulations, the National Customs Brokers & Forwarders Association of America said. The group stressed that it supports the rule if it helps to hold ocean common carriers accountable, including in situations in which they unfairly refuse space to U.S. exporters.
Flexport violated the Shipping Act when it failed to include required information on more than $100,000 worth of detention and demurrage charge invoices, Indiana-based Philip Reinisch Co. said in a recent complaint to the Federal Maritime Commission. Philip Reinisch said the FMC should order Flexport to refund more than $55,000 in paid invoices, award it damages for the “wrongful withholding” of containers and nullify nearly $50,000 in outstanding charges.
The Los Angeles and Long Beach ports again postponed by one month a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Sept. 23. The ports had planned to begin imposing the fee in November 2021 but postponed it each week until July 29, when the ports announced their first one-month postponement (see 2207290053). The latest one-month extension delays the effective date until Oct. 21.
The Federal Maritime Commission has received nearly 100 charge complaints and numerous questions related to the Ocean Shipping Reform Act since its enactment earlier this year, FMC official Lucille Marvin said during a Sept. 21 FMC meeting. She also said the agency is making progress on a range of OSRA provisions and other agency priorities, including one that will result in a set of best practices for chassis pools and another that will formally propose new demurrage and detention billing requirements.
The Federal Maritime Commission will soon seek public comments on the set of factors it should consider when determining whether an ocean carrier is violating shipping regulations by refusing vessel space to shippers. The effort, outlined in a notice of proposed rulemaking required by the Ocean Shipping Reform Act, also seeks to define certain “unreasonable” conduct by ocean carriers, specifically their “unreasonable refusal to deal or negotiate with respect to vessel space accommodation,” FMC said. The commission will accept comments up to 30 days after the notice is published in the Federal Register.
The Federal Maritime Commission should issue an emergency order requiring carriers and terminal operators to share more information on cargo availability with shippers and other carriers, more than a dozen motor carriers and logistics companies said. The companies, most of which move freight at the Port of New York and New Jersey, said inadequate information sharing has created an emergency that is hurting their operations and restricting cargo from moving efficiently.
The Los Angeles and Long Beach ports again postponed by one month a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Aug. 26. The ports had planned to begin imposing the fee in November 2021 but postponed it each week until July 29, when the ports announced their first one-month postponement (see 2207290053). The latest one-month extension delays the effective date until Sept. 23.