West Cost Ports: Congestion Surcharges Clarified
The Federal Maritime Commission (FMC) clarifies rules pertaining to congestion surcharges planned by trans-Pacific carriers in the event of U.S. West Coast work stoppages.
From the JOC summarizing FMC rules regarding port surcharges:
The congestion surcharges must be published in tariffs for at least 30 days before the fees can be levied against shippers, the FMC said in a statement. Moreover, the surcharges can only be imposed if a work stoppage is occurring when the cargo is tendered. In other words, if a shipper tenders its cargo and a strike occurs while the shipment is en route, no surcharge could be imposed.
To read more: JOC
From the FMC website referencing 46 CFR § 520.7 ;
Thus, if any cargo-related disruption were to occur at a port after cargo has been tendered by a shipper, a carrier may only lawfully charge the rates in effect on the day the cargo is tendered. These regulations apply both to import and export cargo.
To read more from the FMC
If you have any questions or concerns about the surcharges or potential West Cost Port Strike, please feel free to contact Superior Freight Services, Inc. at superior@supfrt.com or call 800.298.4305.
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