More than two and a half years after President Joe Biden's invitation to whether the dominant position of maritime carriers containerized in the procurement of goods for consumers U.S. Hurts Domestic Import-Export ( of 9 and 21 July 2021), today the U.S. Federal Maritime Agency Commission (FMC) has issued a new law on how to where ocean carriers and terminal operators must invoice the demurrage costs for container parking in U.S. ports.

The measure clarifies who is to be charged with the and within what period this can be done? carried out, as well as the procedure for disputing those charges. In particular, the standard states that invoices relating to demurrage and detention may be issued to or against the person on whose behalf the biller provides the transport maritime or storage and that has entered into a contract with the invoicing party for sea freight or cargo storage, or to the receiver, or of the final consignee of the cargo, the person to whom he sees the final delivery of the goods has been made. In addition, these invoices cannot be issued at the same time to of multiple parts.

The standard also requires vessel operating common carriers and terminal operators to issue demurrage and detention invoices within 30 days since the last time the expenses were incurred. To party receiving the invoice shall be allowed at least 30 days to submit requests for reduction, reimbursement or derogation from these charges and, if a timely request is made, the the other party must attempt to resolve the dispute within 30 days unless the parties agree on a longer period of time. long.

The Federal Maritime Commission has announced that most of the of the provisions of the new law will enter into force on May 26th.

Specifying that it had voted in favour of the approval of the Final Rule, Commissioner Carl W. Bentzel, explained why Finally, it was decided to include in the new standard, in addition to Maritime carriers, including terminal companies: "Give up the involvement of marine terminal operators," he clarified would have created a broad exemption that would distort the intent to protection of the norm, and that would not have been a good precedent. In addition shippers, and now FMC, expect common carriers and MTOs collaborate in practice on issues related to the Invoicing of demurrage and detention. So it doesn't change to do it under the auspices of this rule'.