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FMC Issues Information Demands in Detention & Demurrage Investigation

April 2, 2018

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 U.S. 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 United States. 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.

"The ultimate resolution of this investigation will have the potential to affect every ocean common carrier calling the United States. It is vital that the information we gather is representative of business and operational practices, as well as market conditions, nationally," said Commissioner Dye.

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.

"We expect concerned parties to participate robustly in this investigation. Their cooperation is essential," said Commissioner Dye.

Correspondence, allegations, and supporting documents can be sent to the Commission via:

FF28@FMC.Gov

For those preferring to send supporting documents by mail, the address to use is:

Commissioner Rebecca Dye
Federal Maritime Commission
800 North Capitol Street, Northwest
Washington, District of Columbia 20573

An interim report of findings and recommendations is due no later than September 2, 2018.

A final report will be issued to the Commission for consideration, discussion, and vote no later than December 2, 2018.