The Federal Maritime Commission (FMC) has issued a rule clarifying how Charge Complaints under 46 U.S.C. § 41310 may be filed. Shippers are not limited to the FMC’s no-fee interim email process. They may also pursue Charge Complaints through the commission’s traditional formal or small claims complaint procedures. No matter which route is used, complaints challenging carrier charges that satisfy the statutory requirements must be treated as Charge Complaints, meaning the burden-shifting framework established by the Ocean Shipping Reform Act of 2022 (OSRA 2022) still applies—requiring the carrier, rather than the complainant, to prove the reasonableness of any demurrage or detention charge.
The commission also confirmed that Charge Complaints are not subject to a statute of limitations for charges assessed on or after June 16, 2022, meaning carriers may face exposure for demurrage, detention, and other covered charges well beyond the three-year limitations period that applies to traditional reparations claims. Shippers and non-vessel-operating common carriers (NVOCCs) should review past demurrage and detention assessments and maintain thorough invoice and bill of lading records to preserve potential claims.
To learn more about the new FMC clarification and what it means for shippers and NVOCCs, we encourage you to read the complete legal alert.
This article provides general legal information. It does not constitute legal advice to the reader and does not create an attorney-client relationship between the reader and Husch Blackwell LLP. The reader should seek legal advice if they have questions about how this legal information may apply to their own circumstances.