The Federal Maritime Commission is removing a portion of its final rule on demurrage and detention billing requirements (see 2402230049) after a federal court earlier this year said the language arbitrarily and capriciously exempted motor carriers from being assessed those demurrage and detention fees (see 2509230039 and 2509240068).
As the Office of the U.S. Trade Representative considers whether the U.S. wants to continue the USMCA, it will evaluate more than 1,500 comments from farmers, manufacturers, retailers, civic society and broad business interests that operate in all three countries.
The Federal Maritime Commission is reviewing a federal court decision issued this week that said the FMC’s 2024 demurrage and detention billing rule (see 2402230049) arbitrarily and capriciously exempted motor carriers from being assessed those fees (see 2509230039). "The Commission is reviewing the court's opinion and will take appropriate action going forward," a commission spokesperson said in a Sept. 24 email.
As the trade braces for a possible government shutdown amid the budget impasse in Congress, federal agencies are dusting off their contingency plans while the trade association representing customs brokers continues to offer suggestions about which activities are deemed essential for trade compliance.
The U.S. Court of Appeals for the D.C. Circuit on Sept. 23 set aside part of the Federal Maritime Commission's rule limiting the parties against whom "demurrage and detention" fees may be assessed. Judges Sri Srinivasan, Robert Wilkins and J. Michelle Childs held that the commission arbitrarily and capriciously exempted motor carriers from being assessed these fees, given the FMC's "stated rationale" to confine fees to parties who are in a "contractual relationship with the billing party."
Federal employees of CBP and other partner government agencies who are involved with import compliance should be designated with “excepted” or “essential” employee status in the event of a government shutdown, the head of the National Customs Brokers & Forwarders Association of America recently urged Office of Management and Budget Director Russell Vought.
The New York-based entity formerly known as Bed Bath & Beyond Inc. has accused France-based ocean carrier CMA CGM of charging “unjust and unreasonable” demurrage and detention fees during the COVID-19 pandemic, according to a complaint filed Sept. 2 with the Federal Maritime Commission.
A Federal Maritime Commission small claims officer on Aug. 7 dismissed a complaint against New Jersey-based Citi Freight Logistics (CFI) and Best International Cargo (BIC) of Canada, saying HP Logistics (HPL) failed to show that the firms engaged in unfair charging practices for dismantling and shipping an excavator from Tennessee to Vietnam.
Lawmakers expressed concerns this week that the Federal Maritime Commission may not have enough resources to continue reforming ocean shipping regulations and enforcing existing shipping laws, particularly after a host of employees resigned from the agency this year.
A Federal Maritime Commission small claims officer on July 14 dismissed a demurrage-related complaint against ZIM Integrated Shipping Services, saying Oregon-based exporter Bridgewell Agribusiness had no contractual relationship with the Israeli ocean carrier.