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FMC Re-Opens Comment Periods on Exemptions from 30-Day Waiting Period For Tariff Reductions of Three Chinese Ocean Carriers

The Federal Maritime Commission (FMC) has announced that it is reopening until February 23, 2004, the comment periods on three petitions that were filed with the FMC requesting to be exemptor partially exempt from certain provisions of Section 9 of the Shipping Act of 1984 (46 USC app. 1708) (Controlled Carrier Act), which would enable the petitioners to reduce tariff rates immediately, rather than be subject to the thirty-day waiting period prescribed by the Controlled Carrier Act1.

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The three petitions were filed by China Ocean Shipping (Group) Company (COSCO) (P3-99), China Shipping Container Lines Co., Ltd. (P4-03), and Sinotrans Container Lines Co., Ltd. (P6-03).

Comment Periods Reopened in Light of Recent U.S.-China Maritime Agreement

The FMC states that it recently received letters from the Maritime Administration (MARAD) and the State Department reporting on the recently-signed bilateral Maritime Agreement with China (i.e., the U.S.-China Agreement on Maritime Transport (AMT)). According to the FMC, both MARAD and the State Department urged the FMC to favorably consider the above-described petitions of three Chinese controlled carriers currently under review by the FMC. MARAD also urged U.S. carriers and shippers to support these petitions.

1 or, regarding COSCO, the partial exemption granted by the FMC in 1998.

(See ITT's Online Archives or 01/23/04 news, 04012310, for related BP summary.

See ITT's Online Archives or 07/12/99, 08/12/03, and 08/25/03 news, (Ref:99070966D), 03081299 2, and 03082599 3, respectively, for BP summaries on the comment periods for P3-99, P4-03, and P6-03, respectively. Subscribers should note that BP's 08/12/03 summary of the comment period for P4-03 incorrectly reflects this petition as P1-04.)

FMC order re-opening comment period for P3-99 (FR Pub 01/28/04) available at

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1804.pdf.

FMC order re-opening comment period for P4-03 (FR Pub 01/28/04) available at

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1803.pdf.

FMC order re-opening comment period for P6-03 (FR Pub 01/28/04) available at

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1802.pdf.