US FMC monitoring the supply chain closely at all major terminals along US East and Gulf Coasts
The US Federal Maritime Commission (FMC) is monitoring the supply chain closely at all major terminals along the US East and Gulf Coasts. The FMC continues to review surcharges and fees announced, implemented, or suspended in connection with the recent work stoppage. The FMC Audit Program is discussing these surcharges and fees with the major ocean common carriers, with the goal of increasing transparency and identifying best practices.
The FMC is also using its statutory authorities to carefully review surcharges and fees to determine their relevance and legality. All fees and surcharges must be reasonable, clearly defined, and serve a specific measurable purpose, it stressed in a communique.
Information from the public on these topics would be beneficial to the Commission in assessing marketplace developments and identifying when enforcement action is warranted. Accordingly, the FMC now emphasises that parties who believe they have been wrongly billed for a surcharge or fee can use FMC services to seek an informal solution to their dispute, report an alleged legal violation, or file a complaint.
The Office of Consumer Affairs and Dispute Resolution Services (CADRS) facilitates voluntary outcomes and solutions when there are disagreements between parties involved in containerised ocean shipments.
Allegations of common carrier and MTO conduct violative of the law should be reported to the Bureau of Enforcement, Investigations, and Compliance (BEIC). All reports of misconduct will be reviewed by BEIC and violations will be prosecuted to the fullest extent possible under the law, the release said.
Parties seeking monetary reparations from a common carrier or MTO can initiate an adjudicatory proceeding that will be heard by the FMC’s Office of the Administrative Law Judges. Retaliation by a common carrier or MTO for filing a complaint at the FMC is expressly prohibited by law, and is an offence separate from other complaints about regulated entity behaviour Acts of retaliation carry serious consequences and allegations of such conduct will be fully and vigorously investigated.
The Commission maintains a list of all common carrier tariff locations for Vessel-Operating Common Carrier and Non-Vessel-Operating Common Carrier. Shippers are encouraged to access and review their common carrier’s tariff, the release added.
Source: Exim News Service: Washington, Oct. 16