A ailment has been filed with the Federal Maritime Commission by CCMA, against Mediterranean Shipping Company, with the erstwhile alleging that the second violated 46 U.S.C. 41102(c), regarding its practices and the billing and appraisal of charges connected the shipments of the Complainant’s instrumentality cargo, including demurrage, detention, and dwell charges.
CCMA’s ailment resulted from MSC’s proscription of 10 TEUs loaded with high-carbon ferrochrome successful October 2021 from Durres, Albania to Seattle, Washington.
It specifically alleges that connected November 1, CCMA was notified that the shipment was nether reappraisal by US Customs and Border Protection (CBP). On November 4, the institution learned that CBP would necessitate the containers to beryllium moved to a customs introspection presumption (CES).
The adjacent day, the CES relation advised that it could not determination the containers until sometime aft expiration of the past escaped time – November 11 – allowed for pickup.
On November 9, CCMA was informed that lone 1 designated instrumentality needed to beryllium moved to the CES, with the CES relation refusing to determination the container, owed to its weight, and CBP refused to merchandise the remaining containers until the exam was complete.
Over a period later, connected December 14, the Customs exam was completed and the clasp connected the instrumentality was released. The pursuing day, the clasp connected the remaining containers astatine the larboard was released.
On December 16, the instrumentality astatine the CES was picked up, and the different containers were picked up from the Port of Seattle implicit the adjacent fewer days.
MSC assessed demurrage charges of $114,156, outgo for which was required to prime up the containers. MSC besides reportedly refused to widen the past escaped time oregon to waive oregon trim demurrage charges.
FMC stated that the Shipping Act prohibits a communal bearer oregon marine terminal relation from failing to “establish, observe, and enforce conscionable and tenable regulations and practices relating to oregon connected with receiving, handling, storing, oregon delivering property.”
Therefore, CCMA’s ailment alleges that MSC did not found and observe conscionable and tenable practices, by assessing demurrage charges connected containers that were unavailable for pick-up and that served nary incentivising rule and did not beforehand freight fluidity.
An reply to the ailment is owed to beryllium filed with the Commission wrong twenty-five days aft the day of service.