Charge Complaint Procedures
Key claim: Shippers can file demurrage and detention charge complaints at the Federal Maritime Commission through the regular ALJ or small-claims process instead of the interim charge-complaint track, and ocean carriers must prove those charges were reasonable.
Abstract
(Rule · Federal Maritime Commission) The Federal Maritime Commission (FMC or Commission) is issuing this rule to bring awareness that as an alternative to following the Commission’s Interim Procedure for Charge Complaints, Charge Complaints may be filed with the Commission following traditional complaint processes involving either an Administrative Law Judge or Small Claims Officer. In accordance with the statute, when a person files a Charge Complaint as a traditional complaint, the Administrative Law Judge or Small Claims Officer must treat the complaint as such, including by requiring the common carrier to bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to the Commission’s Interpretive Rule on Unjust and Unreasonable Practices With Respect to Demurrage and Detention.
Why this matters
Demurrage and detention charges are a significant cost driver in container shipping, and the availability of an alternative FMC filing path affects how shippers contest allegedly unreasonable billing. Placing the burden of proof on ocean carriers strengthens shipper leverage in supply-chain disputes without displacing the existing interim complaint track.