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NVOCCs

Benesch

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

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The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more

Husch Blackwell LLP

New FMC D&D Invoicing Rules Are Officially in Effect

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The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides...more

Holland & Knight LLP

Federal Maritime Commission Announces Demurrage and Detention Final Rule

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Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more

Venable LLP

Federal Maritime Commission Publishes New Rules for Demurrage and Detention Billing

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Common carriers and marine terminal operators must start reviewing their current demurrage and detention billing process to ensure that their business practices fully comply with a new final rule issued by the Federal...more

Benesch

A Whole New World: FMC Issues Final Rule on Demurrage and Detention Billing Requirements

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On February 26, 2024, the Federal Maritime Commission (“FMC”) published its long-awaited final rule (the “Final Rule”) establishing various regulations governing the imposition of demurrage and detention. The Final Rule will...more

Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - Who is the Importer of Record: Security Interests and the Right to Act As IOR

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Benesch

FMC Final Rule Updates Shipping Rate Regulation

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The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more

Husch Blackwell LLP

FMC Allows Rate Hikes for Carriers in Response to Red Sea Hostilities

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The Federal Maritime Commission (FMC) has granted special permission to ocean carriers to immediately increase the rates on containers that are being rerouted around the Cape of Good Hope in Africa or are retaining feeder...more

Husch Blackwell LLP

New Federal Maritime Commission Rules Introduce Significant Changes for Carriers and Shippers

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The Federal Maritime Commission’s (FMC) newly revised tariff regulations will be effective February 1, 2024. These rule changes will somewhat significantly change day-to-day practices for both vessel operating common carriers...more

Husch Blackwell LLP

International Trade Law: 2022 Year in Review & Outlook for 2023

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We are pleased to announce that our team’s fourth-annual international trade law year-in-review report was published just before the New Year. In it, we take a detailed look at how 2022 played out and explore how 2023 might...more

Husch Blackwell LLP

The Disappearance Of The Service Contract In Ocean Shipping And Resurgence Of Ocean Tramp Practices

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The below e-mail recently received by the author paints the picture we are seeing a thousand fold in the current ocean shipping marketplace in the inbound/outbound Asia trade lanes which underscores the serous disconnect...more

Holland & Knight LLP

FMC Seeks to Make Pandemic-Related Service Contract Rules Change Permanent

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Daily life has changed during the COVID-19 pandemic. Many expect that some of these changes will become part of the "new normal" when the pandemic is over. The Federal Maritime Commission (FMC) has gotten a head start on this...more

Holland & Knight LLP

FMC Final Rule Exempts Ocean Carriers from Publication of Service Contract Essential Terms

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The Federal Maritime Commission (FMC) has issued a final rule exempting vessel operating common carriers (VOCCs) from publishing "essential terms" of service contracts. The final rule took effect on its publication date of...more

Benesch

Supply Chain Services Contracts: Mitigating Global Operational Risk

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For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more

Husch Blackwell LLP

NVOCCs In The China Trades: Dangerous Confusion Persists By U.S. NVOCCS On The MOT Registration Regulation

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The authors previously reported that on or about February 27, 2019, the Ministry of Transport (“MOT”), PRC dropped formal application approval procedures and insurance (in the U.S., the China bond) requirements for all...more

Husch Blackwell LLP

Ocean Transportation Intermediaries’ U.S. Regulatory Scheme: European Ocean Freight Forwarders And Freight Pricing

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In the last year or so, it has become clearly evident to us that ocean carriers are treating European and other forwarders differently than how they deal with U.S. forwarders, creating a distinctly competitive disadvantage...more

Husch Blackwell LLP

China MOT Ends NVOCC Registration Applications And Insurance Requirements For Chinese And U.S. NVOCCs

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Ironically, during the current China/U.S. tariff turmoil, the Ministry of Transport (MOT), Peoples Republic of China’s (PRC’s) is leading the deregulatory trend in ocean shipping as applicable to Non-vessel Operating Common...more

Holland & Knight LLP

FMC Issues Proposed Rule Changes Covering OTI Licensure and Financial Requirements

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• The Federal Maritime Commission (FMC) has published a series of proposed rule changes covering licensing, financial responsibility requirements and general duties pertaining to ocean transportation intermediaries. • The...more

Holland & Knight LLP

Congress Amends the U.S. Shipping Act, Broadening FMC Regulatory Authority

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• The Federal Maritime Commission Authorization Act of 2017 was signed into law by President Donald Trump on Dec. 4, 2018, marking the first substantive revision to the U.S. Shipping Act, 46 U.S.C. § 40101 et seq. (the...more

Benesch

Fairness From the FMC is on the Horizon

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A cloud of uncertainty hangs over the shipping industry with respect to violations of the Shipping Act - can a single act constitute a Shipping Act violation or does there have to be more pervasive or systematic conduct? But...more

Husch Blackwell LLP

Shippers, NVOCCs, Ocean Carriers, And Other Port Players To Be Liable To Port Drayage Drivers Under New California Legislation...

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On September 22, 2018, Bill (SB-1402) was signed into law in California to become effective January 1, 2019. That law will make a “Customer” that engages or uses “a port drayage motor carrier” jointly and severally liable...more

Husch Blackwell LLP

Update On Current Issues Impacting Transportation Intermediaries

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The following is a short, to the point, summary of recent developments which impact transportation intermediaries, some of which can be implemented simply without fanfare, others which just bear careful monitoring. The...more

Benesch

Long Awaited Win for NVOCCs

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Ending a process that started back in 2004, the Federal Maritime Commission (“FMC”) voted unanimously on June 6, 2018 to exempt Non-Vessel Operating Common Carriers (“NVOCCs”) from certain filing requirements related to their...more

Benesch

InterConnect Newsletter - Summer 2018

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As has been widely reported, the California Supreme Court on April 30, 2018, issued a decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County that rejected a long-standing flexible, multifactor...more

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