We serve our clients by performing the following publishing activities:

• FMC Tariff Publication as required by the Shipping Act and FMC Regulations.
• Tariff Maintenance insuring that freight rates are accurate.
• Annual Database Maintenance of tariffs published and maintained by our organization.

The FMC enforces significant penalties for Non-Compliance with its tariff publication regulations. More information on prohibited acts, penalties and enforcement follows.

FMC Tariff Publication

Each vessel operating common carrier or NVOCC must publish a tariff before it may begin serving the foreign commerce of the USA. Section 8 of the Shipping Act requires "each common carrier to keep open for public inspection, in an automated tariff system, tariffs showing all its rates, charges, classifications, rules, and practices." The FMC Regulations, issued in 46 CFR Part 520 provide much more detailed requirements for tariff information. The requirements are quite similar to those enforced by FMC before May 1, 1999, the main difference being tariffs are not filed with FMC, but instead must be published in electronic systems approved and monitored by the FMC.

DPI provides a convenient and cost-effective tariff publication service for vessel operators and NVOCCs. For new carriers we offer a tariff that provides all FMC required rules and regulations, the full text of your bill of lading, and commonly used commercial regulations. The tariff applies on ocean and intermodal shipments between the USA and Worldwide ports and points. The fee for DPI to publish this initial FMC tariff is USD 400. Freight rates for general cargo or Freight All Kinds (FAK) are also included in the initial tariff. Our sample tariff provides more information.

All tariffs published by DPI are maintained at our web site DPI publishes FMC compliant tariffs for a wide range of organizations, including vessel operating common carriers, conferences, rate agreements, NVOCCs and marine terminal operators. Please see our client list for details.

If you are a new carrier, your FMC tariff and bill of lading for NVOCC or VOCC service will be effective upon publication by DPI. The FMC has waived the 30-day notice period that was formerly required for tariffs of new carriers. If your new tariff replaces a tariff currently published, then 30 days notice will be required.

Tariff Maintenance

According to the Shipping Act of the US and FMC regulations, when a carrier receives cargoes for shipment, its commodity rates must be published in its FMC tariff. For an NVOCC, these are the "selling rates." When rates previously filed in a tariff are no longer accurate, and new rates are to be used on bills of lading, the carrier must advise its tariff publisher (DPI) of these new rates, so they may be published in its FMC tariff. Rates must be published for a minimum of 30 days.

When you send instructions for tariff filing to DPI, your Account Representative here will review these carefully, and ensure timely filing in your FMC tariff. If we need to clarify a filing request, we will contact you promptly. If your request was previously filed, we will not make a needless duplicate filing. If your request is not in compliance with FMC regulations, we will advise exactly what you must do to change it to satisfy FMC. If your filing request is not required by FMC, for example, rates between the USA and Puerto Rico or Hawaii, we will advise promptly. These are just a few examples of the quality service provided by DPI's Account Representatives.

After your tariff is updated by DPI, you will receive a detailed confirmation message by fax or e-mail. Tariff updates are posted to the DPI web site at the close of each business day. Most updates are completed on first business day received, and confirmed on the following business day. The fee for this service is very reasonable: USD 14 per commodity item amended, including up to 10 rates for any origin and destination per commodity item, plus fax or e-mail costs, and postage. Unlike other tariff publishers, DPI does not assess a minimum monthly fee for tariff updates. If a tariff is unchanged from month-to-month no charges are incurred.

Annual Database Maintenance

Regardless of tariff publication activity, DPI does charge each Carrier represented an annual Database Maintenance Fee of US$ 400. This annual fee helps recover costs incurred in meeting the legal requirements for tariff record keeping, including Internet access requirements. In order to meet FMC requirements we must maintain a complete history of each tariff item published for five years after publication. DPI maintains complete and accurate records of every tariff publication. Unlike other tariff publishers, DPI does not assess a monthly fee for web-site hosting.

penalties for Non-Compliance

FMC publication of all freight rates charged by ocean common carriers and NVOCCs on both exports and imports is legally required in the USA.  Significant penalties may be enforced by the FMC for violations of this requirement.

Prohibited Acts: Section 10 (b)(2)(a) of the Shipping Act states "no common carrier" may provide service…that is not in accordance with the rates, charges, classifications, rules and practices container in a tariff published…under Section 8 of this Act"

Penalties: Section 13(a) of the Shipping Act states "whosoever violates a provision of this Act, a regulation issued thereunder, or a Commission order is liable to the United States for a civil penalty. The amount of the civil penalty…may not exceed $5,000 for each violation unless the violation was willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $25,000 for each violation. Each day of a continuing violation constitutes a separate offense. The amount of any penalty imposed upon a common carrier under this subsection shall constitute a lien upon the vessels operated by that common carrier" Under 46 CFR Part 506, the FMC increased most penalties for non-compliance by 10% effective October 1996. Please note NVOCC bonds may be used by FMC to satisfy penalties.

Enforcement: The FMC Bureau of Enforcement has full time investigators based in Miami, New Orleans, New York, Los Angeles, Seattle, and Washington, DC. While it does not have staff outside the USA, the FMC obtains detailed information on import shipments from the US Customs Service. For more information and specific examples, please see our newsletter, SIGNALS™