The Federal Maritime Commission has issued a final rule regarding the filing of charge complaints, which provide a simplified way to dispute charges assessed by common carriers (e.g., demurrage and detention fees) that may not comply with the Ocean Shipping Reform Act of 2022.
The FMC previously established an interim procedure under which the filing of a charge complaint initiates an informal process of investigation by the FMC’s Bureau of Enforcement, Investigations, and Compliance. If that investigation supports a finding of violation, BEIC recommends that the FMC order the carrier to show cause why it should not be ordered to refund or waive the relevant fees or charges. If the FMC subsequently orders a refund, it may also initiate a separate civil penalty proceeding.
The FMC is now amending its regulations to clarify that a charge complaint may be pursued not only through the interim procedure but also through the FMC’s traditional complaint processes; i.e., by filing a private party formal complaint or a small claims complaint. So long as the complaint concerns charges assessed by a carrier, alleges a specific violation, and includes the applicable bill of lading numbers and invoices, it will be treated as a charge complaint and resolved accordingly. This includes application of the requirement that the respondent carrier establish the reasonableness of any demurrage or detention charges.
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