Federal Maritime Commissioner (FMC) Rebecca Dye led a team to investigate the practice of assessing demurrage and detention charges. These charges are punitive and can range from $125 to $350 per container per day.  After discussing the practice with all industry stakeholders, the FMC issued its interpretive rule, which is open for comments until October 17th.  The proposed rules are:

  • Promoting standardized language for demurrage and detention.
  • Simplifying the dispute resolution process and billing practices associated with the assessment of these fees.
  • Providing guidance on what evidence is relevant to promptly resolving demurrage and detention disputes between shippers, ocean carriers and marine terminals.

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Ensuring consistent industry notice for container availability and equipment returns.

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OSRA 2.0

In June 2022, the US Congress passed the Ocean Shipping Reform Act (OSRA-22). This legislation prohibited ocean carriers from "unreasonably" refusing export cargo as well as "unreasonably" assessing demurrage and detention charges. It also gave the Federal Maritime...

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