Ten Points to Rationalize and Restart the United States Maritime Industry
The Federal Maritime Commission (the “FMC” or the “Commission”) recently issued its highly anticipated decision on remand in TCW, Inc. v. Evergreen Shipping Agency (America) Corp. et al. (the “Order on Remand”),[1] a...more
The Federal Maritime Commission (FMC) recently issued a decision on remand from the United States Court of Appeals for the District of Columbia Circuit regarding Evergreen Shipping Agency’s imposition of detention charges....more
This advisory alert is part of an ongoing series from Venable regarding noteworthy developments in trade laws expected in 2025....more
Significant changes are expected at the Federal Maritime Commission (FMC), the bipartisan body tasked with regulating the U.S. international ocean transportation system for the benefit of U.S. exporters, importers and...more
We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more
The Federal Maritime Commission ( 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 accommodations...more
As the International Longshoreman’s Association (ILA) strike commenced yesterday morning, our team received word from a source with knowledge of operations at the Port of New York and New Jersey (NYNJ) that, one by one, NYNJ...more
Starting a cargo shipping business is no small feat; the financial barriers alone can be overwhelming. But for entrepreneurs willing to take on the challenge, the maritime industry has a high potential for reward. For...more
With the International Longshoremen’s Association (ILA) preparing to strike on October 1, 2024, a key concern of impacted shippers is how to minimize demurrage charges for inbound containers that may be inaccessible for the...more
Earlier this week, two U.S. congressmen released proposed language for a bill—the Justice for Victims of Foreign Vessel Accidents Act—that was first announced via press release in August 2024. The proposed law would raise the...more
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
Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more
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
On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more
The third installment in our Baltimore Key Bridge Collapse series (see Part I and Part II) examines the short- and long-term Eastern port impact, including the temporary increase in cargo volume and the Federal Maritime...more
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
Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global pandemic. It is not uncommon to identify colorable claims against any number of...more
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
On February 23, 2024, the Federal Maritime Commission (FMC) issued a Final Rule intended to add clarity to invoicing requirements outlined in the Ocean Shipping Reform Act of 2022 (OSRA 2022). In particular, the Final Rule...more
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
In Husch Blackwell’s January 2024 Trade Law Update you’ll learn about the following updates in international trade and supply chain law: •An update on U.S. Department of Commerce decisions - •U.S. International Trade...more
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
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. – William Arthur Ward The U.S. maritime industry is much like a great ship: It is subject to unforeseen forces, and it...more
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
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