Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
The Federal Maritime Commission this week named Cindy Hennigan deputy managing director, a role in which she will help oversee the FMC’s “administrative functions” and advise the commission’s managing director. Hennigan previously was director of the FMC Bureau of Certification and Licensing.
The Federal Maritime Commission is investigating the Mediterranean Shipping Company for violating U.S. shipping regulations, including by using “overbroad” merchant clauses in its bills of lading, mishandling fees and failing to publish tariff rates. The agency may fine MSC if it determines the carrier violated the Shipping Act.
U.S. carrier Network Shipping Ltd. (NWS) violated U.S. shipping regulations when it failed to provide chassis for certain shipments and instead unfairly provided those chassis to its parent company, a produce distributor, multiple produce importers and exporters said in an August complaint to the Federal Maritime Commission. The companies said they suffered $2 million in damages and costs "in connection with dumping, inspection, transportation, and lost sales of the perished cargo" due to NWS' actions, the report said.
While most shippers applauded the Federal Maritime Commission’s revised proposed rule on unreasonable carrier conduct, carriers urged the commission to again amend the wording, saying it unfairly favors exporters and stretches beyond the authority granted to the FMC by the Ocean Shipping Reform Act of 2022. Several major carriers said the commission should narrow the rule’s proposed definition for “unreasonableness,” allow carriers to rely on “legitimate business factors” as a reason for why they may refuse cargo space, remove the rule's documented export policy requirement and revise other proposals they say disadvantage carriers.
Rebecca Dye of the Federal Maritime Commission proposed new sets of best practices for ocean carriers and marine terminal operators at the Ports of Los Angeles and Long Beach and the Port of New York and New Jersey, covering activities surrounding container returns, earliest return dates and container pickups.
The Federal Maritime Commission published its spring 2023 regulatory agenda and continued to mention several rules to implement the Ocean Shipping Reform Act of 2022, including a proposed rule to define unfair or unjustly discriminatory methods that violate U.S. shipping regulations. The FMC said it plans to issue that rule in December.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
The Federal Maritime Commission is seeking public comments on a new web portal, mandated by the Ocean Shipping Reform Act of 2022, that would collect "comments, complaints, concerns, reports of noncompliance, requests for investigation, and requests for alternative dispute resolution,” it said in a notice this week. The FMC is asking for feedback on "ways to enhance the quality, utility, and clarity of the information to be collected," the "use of automated collection techniques or other forms of information technology to minimize the information collection burden," and more, the notice said. Comments are due by Sept. 11.
Hapag-Lloyd violated U.S. shipping regulations by failing to establish adequate facilities to return empty containers to the Port of New York and New Jersey and unfairly charging detention and demurrage for containers caught in the "logistical paralysis" of its own making, Rahal International said in a June 30 complaint to the Federal Maritime Commission. Rahal, an Illinois-based importer and distributor of fruit and vegetable juices, said backlogs and delays created by the shipping line damaged some of its juice shipments, leading to hundreds of thousands of dollars in damages.