U.S. Federal Maritime Commission (FMC) Archives - Page 2 of 2 - Customs & International Trade Law Firm

Hate Unfair Demurrage Charges? Want To Do Something About It?

Now’s the time to make your voice heard. Below details what demurrage charges are and a trade initiative that FMC is currently requesting comments on.

What is demurrage?

Demurrage is “a penalty charge against shippers for delaying a shipment/container at a port of loading or destination beyond the allowed free”.

How Much Time is Provided for Free?

“Free time is the grace period for which neither of these charges will be incurred.” There is no standard amount of free time. Free time can change from carrier to carrier, from port to port and sometimes from container type to container type. Normally it is anywhere between 3-5 calendar days.
Free time is supposed to include a realistic time period to assemble cargo for loading, and provide consignees a realistic time period to retrieve cargo at a terminal after unloading.
The fee charged after the expiration of the “free time” varies. For example, for one carrier, the per diem fee can range anywhere between: $200 to $800 per day!

What is Being Done to Change this Demurrage Fee?

Back in December, “the Coalition for Fair Port Practices, a group of 25 members that represent shippers, receivers, motor carriers, port draymen, freight forwarders, third-party logistics companies and customs brokers”, petitioned the Federal Maritime Commission (FMC) in hopes that the FMC would issue a ruling on extending the free time for container storage and equipment use that is disrupted by events […]

By Jennifer Diaz|2017-02-13T23:56:25-05:00February 16, 2017|Customs Broker, Export, Import, U.S. Customs and Border Protection (CBP), U.S. Federal Maritime Commission (FMC)|0 Comments

Top Successes of Diaz Trade Law (DTL) & Diaz Trade Consulting (DTC) in 2016!

DTL saved clients MILLIONS of dollars in 2016, below we list a summary of some of our compliance successes!

U.S. Customs & Border Protection (CBP)

Assisted an importer in having $434,486.00 worth of goods seized returned to it in a RECORD 24 working days, with a signed settlement agreement with CBP in a record 17 working days!
Assisted an importer in having $324,466.00 worth of goods seized for an underlying AES violation returned.
Assisted importers in filing prior disclosures that were accepted by CBP, advising of errors found, and avoiding substantial penalties.
Assisted importers in successfully responding to CBP 28’s and 29’s resulting in close outs, and no further enforcement action by CBP!
Assisted importers in creating and maintaining pre-compliance programs to evaluate intellectual property rights and pre-report merchandise to CBP resulting in expedited entry into the U.S. with no delays or examinations by CBP.

[…]

By Jennifer Diaz|2022-07-07T12:00:14-04:00January 26, 2017|Best Practices, CBP 28, CBP 29, Cuba, Expert, FDA Issues, Pre-compliance, TSA, U.S. Customs and Border Protection (CBP), U.S. Federal Maritime Commission (FMC), U.S. Food and Drug Administration (FDA)|0 Comments

OTI’s – July 31 is Deadline to Voice Opinion on FMC’s Proposed Changes

Now’s the time to apply to become a non vessel operating common carrier (NVOCC) and/or ocean freight forwarder (OFF). FMC has proposed major changes to its regulations and application requirements for Ocean Transportation Intermediaries (OTIs). Get your application in now to avoid those changes, and/or, learn the changes and spend the time to comment on them while you can. Detailed summaries of those changes are below. July 31, 2013 is the cutoff to have your voice heard!

FMC issued an Advanced Notice of Proposed Rulemaking (ANPRM) that would significantly amend the regulations governing the licensing, bonding and duties of NVOCCs and ocean freight forwarders. The ANPRM is 117 pages long!! You can review the ANPRM in FMC’s Docket No. 13-05, Amendments to Regulations Governing Ocean Transportation Intermediary Licensing and Financial Responsibility Requirements, and General Duties.

The major changes are:

Qualifying Individual (QI) Changes – Included in the proposed changes are changes to many definitions – this one impacts what it will take to become a QI. The standards will be tougher. For one, the QI’s 3 years of relevant experience will only qualify if one has worked for a licensed, bonded, registered OTI. Experience obtained while the individual was employed by a licensed domestic OTI, a vessel operator, or a registered foreign-based NVOCC would be […]

By Jennifer Diaz|2022-07-08T16:10:39-04:00July 5, 2013|Export, U.S. Federal Maritime Commission (FMC)|0 Comments

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