FMC Calls on Carriers and Ports for Investigation

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US Commissioner Rebecca Dye has launched the first phase of her investigation into port demurrage, detention, and free time practices by ordering ocean common carriers to provide information and documents explaining those practices.

A similar effort with respect to container terminals at major US ports is also underway.

The Federal Maritime Commission initiated the investigation, Fact Finding 28, under a Commission Order dated March 5, 2018.

The first phase of Commissioner Dye’s investigation involves gathering information from ocean common carriers and marine terminal operators serving a broad section of container ports located throughout the US.

Carriers have been directed to provide detailed information about their detention and demurrage practices, especially regarding circumstances where shippers are not able to retrieve cargo.

Commissioner Dye said: “The ultimate resolution of this investigation will have the potential to affect every ocean common carrier calling the United States.

Read a Port Technology technical paper about how the Port of Los Angeles' air pollution from port-related operations is at its lowest in more than 12 years

“It is vital that the information we gather is representative of business and operational practices, as well as market conditions, nationally.”

Commissioner Dye emphasized that it is critical that shippers, dray truck companies, and other affected parties who can document specific allegations and provide supporting materials of unreasonable port detention and demurrage practices and fees step forward and cooperate with the investigation.

She added: “We expect concerned parties to participate robustly in this investigation.

“Their cooperation is essential.”

Read more: The looming threat of a trade war could halt otherwise strong growth in the exchange of cargo between Asia and the US, experts said Wednesday (March 28, 2018) at the Port of Long Beach’s 14th annual ‘Pulse of the Ports Peak Season Forecast’

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