The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more
The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides...more
Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more
Common carriers and marine terminal operators must start reviewing their current demurrage and detention billing process to ensure that their business practices fully comply with a new final rule issued by the Federal...more
On February 26, 2024, the Federal Maritime Commission (“FMC”) published its long-awaited final rule (the “Final Rule”) establishing various regulations governing the imposition of demurrage and detention. The Final Rule will...more
Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more
The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more
The Federal Maritime Commission (FMC) has granted special permission to ocean carriers to immediately increase the rates on containers that are being rerouted around the Cape of Good Hope in Africa or are retaining feeder...more
The Federal Maritime Commission’s (FMC) newly revised tariff regulations will be effective February 1, 2024. These rule changes will somewhat significantly change day-to-day practices for both vessel operating common carriers...more
We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might...more
The below e-mail recently received by the author paints the picture we are seeing a thousand fold in the current ocean shipping marketplace in the inbound/outbound Asia trade lanes which underscores the serous disconnect...more
Daily life has changed during the COVID-19 pandemic. Many expect that some of these changes will become part of the "new normal" when the pandemic is over. The Federal Maritime Commission (FMC) has gotten a head start on this...more
The Federal Maritime Commission (FMC) has issued a final rule exempting vessel operating common carriers (VOCCs) from publishing "essential terms" of service contracts. The final rule took effect on its publication date of...more
For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more
The authors previously reported that on or about February 27, 2019, the Ministry of Transport (“MOT”), PRC dropped formal application approval procedures and insurance (in the U.S., the China bond) requirements for all...more
In the last year or so, it has become clearly evident to us that ocean carriers are treating European and other forwarders differently than how they deal with U.S. forwarders, creating a distinctly competitive disadvantage...more
Ironically, during the current China/U.S. tariff turmoil, the Ministry of Transport (MOT), Peoples Republic of China’s (PRC’s) is leading the deregulatory trend in ocean shipping as applicable to Non-vessel Operating Common...more
• The Federal Maritime Commission (FMC) has published a series of proposed rule changes covering licensing, financial responsibility requirements and general duties pertaining to ocean transportation intermediaries. • The...more
• The Federal Maritime Commission Authorization Act of 2017 was signed into law by President Donald Trump on Dec. 4, 2018, marking the first substantive revision to the U.S. Shipping Act, 46 U.S.C. § 40101 et seq. (the...more
A cloud of uncertainty hangs over the shipping industry with respect to violations of the Shipping Act - can a single act constitute a Shipping Act violation or does there have to be more pervasive or systematic conduct? But...more
On September 22, 2018, Bill (SB-1402) was signed into law in California to become effective January 1, 2019. That law will make a “Customer” that engages or uses “a port drayage motor carrier” jointly and severally liable...more
The following is a short, to the point, summary of recent developments which impact transportation intermediaries, some of which can be implemented simply without fanfare, others which just bear careful monitoring. The...more
Ending a process that started back in 2004, the Federal Maritime Commission (“FMC”) voted unanimously on June 6, 2018 to exempt Non-Vessel Operating Common Carriers (“NVOCCs”) from certain filing requirements related to their...more
As has been widely reported, the California Supreme Court on April 30, 2018, issued a decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County that rejected a long-standing flexible, multifactor...more