Signals Newsletter August 5, 2009
Volume 13, Number 8
Oakland, California

SIGNALS™ provides detailed information on the regulations and activities of the US Federal Maritime Commission (FMC), and related developments in the ocean freight industry. For past issues, please consult our index.

 FMC Announces Compromise Agreements, Collects $748,000 in Civil Penalties

The Federal Maritime Commission announced eight compromise agreements, resulting in the collection of $748,000 in civil penalties.  FMC Area Representatives in Los Angeles, New York, South Florida and Washington, D.C. conducted investigations into Shipping Act violations, and the FMC’s Bureau of Enforcement negotiated the agreements.  In settlement of these compromise agreements the parties involved did not admit to any violations of the Shipping Act or FMC regulations.

Hanjin Shipping Co., Ltd., a vessel-operating common carrier with headquarters in Seoul, Korea, allegedly violated the Shipping Act by allowing shippers to obtain transportation for property at less than the rates or charges established in its tariffs or service contracts by means of permitting use of service contracts by persons who are neither signatories nor affiliates to those contracts.  Hanjin also allegedly provided transportation that was not in accordance with the rates and charges set forth in its published tariff in violation of the Shipping Act.  Hanjin further allegedly violated the Shipping Act by entering into service contracts with, and providing transportation services to, OTIs that did not have tariffs, licenses or bonds as required.  In compromise of these allegations, Hanjin made a payment of $440,000 to the FMC.

U & S Shipping, Inc., a licensed OTI located in Sanford, Florida operating as an ocean freight forwarder in the United States, allegedly violated FMC regulations by sharing freight forwarding compensation on shipments of a customer with an employee of that customer.  U & S Shipping also allegedly performed forwarding services for that customer at reduced rates.  In compromise of civil penalties arising from these allegations, U & S Shipping paid the FMC $103,000.

Abco International Freight (USA), Inc., dba Abco Logistics, a licensed OTI located in El Monte, California, allegedly violated the Shipping Act by obtaining ocean transportation of property at rates less than those that would have otherwise been applicable by accessing service contracts to which it was not a signatory, by improperly describing commodities shipped, and through the unlawful use of carrier provisions for equipment substitution.  In compromise of civil penalties arising from these allegations, Abco paid $40,000 to the FMC.  

Cargo Cargo Logistics Inc., a licensed OTI located in Carson, California, allegedly violated the Shipping Act by obtaining ocean transportation of property at rates less than those that would have otherwise been applicable by accessing service contracts to which it was not a signatory, by improperly describing commodities shipped, and through the unlawful use of carrier provisions for equipment substitution. In compromise of civil penalties arising from these allegations, Cargo Cargo paid the FMC $40,000.

Pacific Transit Services, Inc. dba Cargozone Pacific Transit Service, Inc., a licensed OTI located in Inwood, New York, allegedly violated the Shipping Act by obtaining ocean transportation of property at rates less than those that would have otherwise been applicable by accessing service contracts to which Pacific Transit was not a signatory, by improperly describing commodities shipped, and through the unlawful use of carrier provisions for equipment substitution.  In compromise of civil penalties arising from these allegations, Pacific Transit paid the FMC $40,000.

Grandwin Logistics, LLC, a licensed OTI located in Alhambra, California, obtained ocean transportation for property at less than the rates that would otherwise be applicable by accessing service contracts to which it was not a signatory in violation of the Shipping Act.  Grandwin also allegedly violated the Shipping Act by allowing others to obtain ocean transportation for property at less than the rates that would otherwise be applicable by permitting non-signatories to utilize its service contracts.  Grandwin is also alleged to have provided transportation that was not in accordance with its published tariff.  In compromise of civil penalties arising from these allegations, Grandwin paid $35,000 to the FMC.

China United Transport, Inc., dba C.U. Transport, Inc., a licensed OTI located in City of Industry, California, allegedly violated the Shipping Act by obtaining ocean transportation for property at less than the rates that would otherwise be applicable by accessing service contracts to which it was not a signatory.  During the same time period, China United also allegedly violated the Shipping Act by providing transportation that was not in accordance with the rates and charges set forth in its published tariff.  In compromise of these allegations China United paid the FMC $30,000.

AME Logistics LLC, an OTI located in Jamaica, New York, allegedly operated as an unlicensed NVOCC, without a tariff or bond in violation of the Shipping Act.  In compromise of these allegations AME paid the FMC $20,000.

 Carriers Seeking to Reverse Downward Revenue Trend Announce General Rate Increases

The Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223, whose member lines serve the U.S. import trades from East Asia to the USA, announced a steep general rate increase (GRI).  Some member carriers have also filed Peak Season Surcharges (PSS) in their FMC tariffs.  The TSA recommended members implement an across-the-board increase of $500 per 40-foot container, with proportionate increases for other equipment sizes to take effect on August 10, 2009.  Some TSA carriers have filed GRIs in their FMC tariffs of US$ 400 per 20ft container, US$ 500 per 40ft container, US$ 565 per 40ft high cube and US$ 635 per 45ft container effective on or about 10Aug2009.

In addition, some carriers in this group, including American President Lines, have filed a Peak Season Surcharge (PSS) of US$ 400 per 20ft container, US$ 500 per 40ft container, US$ 565 per 40ft high cube and US$ 635 per 45ft container effective 01Sep2009 through 30Oct2009.  This GRI and PSS will also apply to cargo moving from Asia to the USA under tariff rates, and also to cargo moving under service contracts, except when otherwise provided in contracts. 

The TSA’s 14 carrier members are American President Lines, CSCL, CMA-CGM, COSCO Container Lines, Evergreen Marine, Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, "K" Line, Mediterranean Shipping, NYK Line, OOCL, Yang Ming Marine and Zim Integrated Shipping Services.  The group’s web site at www.tsacarriers.org provides additional information.

The Westbound Transpacific Stabilization Agreement (WTSA), FMC Agreement No. 011325, whose member lines serve the US export trades from the USA to East Asia, have also announced plans for a GRI.  The WTSA recommends members implement a GRI effective September 1, 2009 of US$ 120 per 20ft container and US$ 150 per 40ft container for all shipments via U.S. West Coast ports, and US$ 160 per 20ft container and US$ 200 per 40ft container for intermodal moves and shipments via U.S. East and Gulf Coast ports.

The WTSA’s 10 member carriers are American President Lines, COSCO Container Lines, Evergreen Marine, Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, "K" Line, NYK Line, OOCL and Yang Ming Marine.  For more information, visit www.wtsacarriers.org.

Some carriers serving the trans-Atlantic trades have also announced GRIs for shipments between the USA and Europe.  Evergreen Marine announced a GRI of US$ 350 per 20ft container and US$ 450 per 40ft/40ft high cube container for all shipments to Europe via U.S. East and Gulf Coast ports effective September 1, 2009.  GRIs for specific commodities may vary, for details visit www.evergreen-marine.com.  Maersk Line also announced a GRI effective September 1, 2009 of US$ 400 per 20ft container and US$ 500 per 40ft/45ft container to apply on U.S. shipments to/from Northern Europe; for more details visit www.maerskline.com.

In order to comply with FMC regulations, GRIs and new or increased surcharges, like the Peak Season Surcharge (PSS), must be filed in ocean carrier and NVOCC tariffs 30 days prior to initial effective dates.  Once filed in a tariff, the GRI applies to all applicable rates, except those noted: NOT SUBJECT TO GRI or NOT SUBJECT TO PSS.



SIGNALS™ is provided as a service to its customers by Distribution-Publications, Inc. © 2006. All rights reserved.

All Issues of SIGNALS™ are available on the web at www.dpiusa.com

Distribution-Publications, Inc.
180 Grand Avenue, Suite 430
Oakland, CA 94612-3750

Tel: 1-510-273-8933, or 1-800-204-3622, Fax: 1-510-273-8959,

E-mail: signals@dpiusa.com Web: www.dpiusa.com

"Navigating the Regulatory Seas" is a service mark of Distribution-Publications, Inc.

Vol. 13 No. 8, August 5, 2009

The information contained herein is obtained from reliable sources. It is subject to change at any time, however, depending on changes in laws and regulations. While we continually attempt to monitor this information, we do not guarantee its accuracy and are not responsible for any damages suffered by any party in reliance on it.