FMC Checking for Compliance with Per Diem Charges Ruling

FMC Checking for Compliance with Per Diem Charges Ruling

The Federal Maritime Commission announced in late March that it was “actively seeking information” to confirm that ocean carriers and marine terminal operators are complying with the law following a decision it issued addressing when per diem detention charges can be billed. In its decision issued last December regarding “TCW Inc. v. Evergreen Shipping Agency Corp. & Evergreen Line Joint Service Agreement,” the Commission stated that the charging of per-diem when a port was closed, and equipment could not be returned, was unjust and unreasonable. In the recent TCW v. Evergreen case, the Commission ordered Evergreen to “cease and desist…
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