FMC: carriers move US port surcharges to 2015

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FMC logoThe Federal Maritime Commission (FMC), the United States’ maritime regulatory body, said more than a dozen box shipping lines plying the Asia-U.S. trade loop plan to push to next year their port congestion surcharges.

“The Commission has been advised that the 15 ocean carrier members of the Transpacific Stabilization Agreement [TSA] have individually committed to forego imposition of any port congestion surcharges until 2015,” said an FMC official statement dated December 4.

The reschedule comes after the FMC on November 17 questioned the proposed port congestion surcharges by carriers after receiving “numerous inquiries” from shippers regarding the “timing and legal sufficiency of the surcharges” to be imposed in the wake of labor unrest at U.S. West Coast ports.

“During the week of November 24, following the commission’s inquiries, many carriers announced temporary suspension of the surcharge,” said the FMC.

Commission chairman Mario Cordero stated: “I welcome the individual commitments of the ocean carriers to postpone port congestion surcharges into 2015. During this time, Commission staff will further address with the carriers our concerns for the lawfulness, fairness, and adequacy of notice of implementation.The carriers’ commitment to defer the congestion surcharge offers the opportunity to continue this important dialogue and pursue greater transparency as to the timing and the need for future carrier surcharges. The monitoring by Commission staff of port congestion and related surcharges will continue.”

The TSA announced on November 14 surcharges of US$1,000 per FEU, to take effect from November 17, on containers passing through the U.S. West Coast ports from Asia due to port congestion as a result of labor unrest.

TSA said a survey of member-line costs associated with service interruptions and delays related to the issue revealed that lines were incurring losses and expenses due to blanked sailings, skipped port calls, and speedup of existing vessels or chartering of added ships and equipment to maintain schedules.

But the commission responded to the plan by pointing out that unless done with a waiver or exemption, any tariff rule (including surcharges) of a common carrier that results in an increased cost to a shipper “may not be effective earlier than 30 days after publication.”

FMC added: “Many carriers previously published in their tariffs advance or conditional notice of an intention to implement surcharges in the event certain conditions are experienced. All such carrier tariff rules, however, must be clear and definite as to the implementation and termination of the surcharge based upon specific criteria related to ‘labor unrest.’”

The 15 member-lines of the TSA, a research and discussion forum of container shipping lines serving the trade from Asia to ports and inland points in the U.S., are APL, China Shipping Container Lines, CMA-CGM, COSCO Container Lines, Evergreen Line, Hanjin Shipping Co., Hapag-Lloyd, Hyundai Merchant Marine, Kawasaki Kisen Kaisha, Maersk Line, Mediterranean Shipping Co., Nippon Yusen Kaisha, Orient Overseas Container Line, Yangming Marine Transport, and Zim Integrated Shipping Services.