The Justice Department and Federal Maritime Commission signed the first-ever memorandum of understanding between the two agencies to foster better cooperation on enforcement and oversight of competition issues in the ocean shipping industry, the agencies said July 12. The MOU creates a “framework” for the two agencies to discuss “enforcement and regulatory matters” involving unreasonable carrier practices, an increase in large carrier alliances and other practices that are hurting U.S. importers and exporters (see 2102170060). Under the MOU, which was encouraged by President Joe Biden’s executive order last week (see 2107090056), officials from the FMC and the Justice Department’s antitrust division will “confer” at least once annually, according to the MOU.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
Former U.S. trade officials are optimistic the Biden administration can revitalize a mini trade deal with India that was originally proposed under the Trump administration (see 2009010049). But they also said U.S. officials will likely look to add more provisions to any deal, including ones that address labor and climate issues.
The Commerce Department has reduced its backlog of Section 232 aluminum and steel exclusion requests and is granting decisions more quickly, Commerce Secretary Gina Raimondo said May 6. She said the agency averages about 50 days to grant an exclusion from the date it receives the request.
Shipping regulations should be revised to allow the Federal Maritime Commission to better address unfair detention and demurrage fees, agricultural export issues and a range of other shipping problems at U.S. ports, FMC Chair Daniel Maffei said. While he didn’t propose any concrete changes, he said he is “frustrated” with the situation at the nation’s ports and is speaking with Congress about potentially proposing regulatory changes. “I'm not prepared to go into any details now, but I do think that some things clearly need to be clarified,” Maffei said during a May 5 National Customs Brokers & Forwarders Association of America conference. “There are many, many areas where the law is vague or so outdated because it simply was written mostly in the time of tariffs, and now it's mostly contracts.”
Commerce Department Secretary Gina Raimondo said it’s “fair” to expect changes to U.S. tariffs against China, but the administration hasn’t yet made a final decision. Raimondo, speaking during a meeting of Commerce’s Advisory Committee on Supply Chain Competitiveness, said the administration is still undergoing its review of China policies and decisions will be made along with other agencies, including the State Department.
The maritime shipping industry is struggling to find a short-term solution to the unprecedented congestion occurring at U.S. ports, which continues to impose large costs on traders and further clog the global supply chain, industry representatives said. Although work is being done by the Federal Maritime Commission and Congress to provide relief, they said many of those efforts will do little to ease port issues in the near future.
For weeks, dozens of container ships have dotted the waters of California's San Pedro Bay, waiting to unload at a port experiencing its highest level of congestion in years. With no space to drop their cargo, the ships sit in limbo, further slowing imports and exports and clogging a global trading system that some shippers view as broken.
The Federal Maritime Commission will begin investigating whether ocean carriers are violating regulations on detention and demurrage fees, container returns and container availability for U.S. exports, the agency said Nov. 20. The investigation, which will be led by FMC Commissioner Rebecca Dye, will look at ocean carriers operating in alliances at the Port of Long Beach, the Port of Los Angeles and the Port of New York and New Jersey to determine if their unfair fees and container practices are “amplifying the negative effect of bottlenecks” at the ports.
More than 40 trade groups urged the Federal Maritime Commission to suspend certain detention and demurrage charges they say are being unfairly imposed by ocean carriers and marine terminals, saying the charges violate guidelines issued by the FMC in May (see 2004290037). The groups said their members have paid more than $150 million in “unreasonable” fees at the ports of Los Angeles and Long Beach and the Port of New York and New Jersey due to “massive congestion created by record setting volumes” and a shortage of labor and available chassis.
The Federal Maritime Commission plans to discuss a rise in non-compliance with its May rule (see 2004290037) on detention and demurrage charges after industry complained that the rule is being ignored, Rebecca Dye, an FMC commissioner, said during a Nov. 10 session at the Coalition of New England Companies for Trade virtual conference. She said she will soon make “recommendations” to other commissioners to address the rule and other issues, including problems surrounding container returns.