FMC Assigns Docket No. 20-14 to Complaint of American Trucking Association (ATA)

The U.S. Federal Maritime Commission (FMC) has given notice of a formal complaint filed by the Intermodal Motor Carriers Conference (IMCC) of the American Trucking Associations, Inc. against the Ocean Carrier Equipment Management Association Inc. (OCEMA), Consolidated Chassis Management, LLC, CMA CGM S.A., COSCO SHIPPING Lines Co. Ltd., Evergreen Line Joint Service Agreement, (FMC No. 011982), Hapag-Lloyd AG, HMM Co. Ltd., Maersk A/S, MSC Mediterranean Shipping Company S.A., Ocean Network Express Pte. Ltd., Wan Hai Lines Ltd., Yang Ming Marine Transport Corp., and Zim Integrated Shipping Services. FMC has assigned its Docket No. 20-14 to this complaint.

In its 43 page complaint, the Intermodal Motor Carriers Conference (IMCC) alleges the Ocean Carrier Equipment Management Association Inc. (OCEMA), and the 11 ocean carrier parties “have adopted and imposed unjust and unreasonable regulations and engaged in unjust and unreasonable practices by requiring the use of OCEMA member default chassis providers, and denying motor carriers their right to select the chassis provider for merchant haulage movements, all in violation of the Shipping Act of 1984, as provided 46 U.S.C. 41102(c)” IMCC asks FMC to issue cease and desist orders and other relief.

The complaint alleges violations and overcharges by OCEMA and the carriers have caused damages to motor carriers represented by the IMCC to be as much as $1.8 billion over the past three years. These damages include the inefficiencies and costs associated with IMCC members’ inability to contract with the chassis provider of their choice on merchant haulage movements and to participate in interoperable chassis pools, as a result of restrictive regulations and practices imposed by OCEMA and the carriers. IMCC alleges its members have further suffered financial injury through their direct payment of overcharges for chassis used for merchant haulage movements.

Erin M. Wirth, Chief Administrative Law Judge at FMC will preside at such hearings and presentation of evidence as may be necessary to resolve this proceeding and to issue an initial decision or dispositive ruling in this matter. The initial decision in this proceeding shall be issued by August 24, 2021, and the final decision of the Commission shall be issued by March 10, 2022.

Transpacific Eastbound Carriers Adjust Fuel Surcharges Effective October 1, 2020

Several carriers serving the East Asia/USA trade lanes (U.S. Imports) have adjusted fuel surcharges effective October 1 through December 31, 2020. Details are as follows.

NOTE 1: APL calls the above Bunker surcharge the Bunker Charge - Transpacific and Latin America Eastbound Trade (BAF03/BSC), tariff Rule No. R010, Sub Rule No. B02.

NOTE 2: CMA CGM calls the above Bunker surcharge the Bunker Adjustment Factor Surcharge (BAF03), tariff Rule No. 010.08.

NOTE 3: ONE calls the above Bunker surcharge the ONE Bunker Surcharge (OBS). Any reference to Bunker Adjustment Factor (BAF) or Fuel Adjustment Factor (FAF) within a duly filed service contract shall be construed as referencing the same surcharge as ONE Bunker Surcharge (OBS) as detailed within tariff Rule No. 102.001, whether as an exception or as a reference to this charge.

NOTE 4: OOCL calls the above Bunker surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge above is effective September 1, 2020 until further notice. The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge (T-52) and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge (T-51, T-63) are already applied or included in the base rate. The Bunker Surcharge (T-52) does not apply for the Transpacific trade lane effective January 1, 2020.

NOTE 5: Subject to Low Sulphur Fuel Charge (LSF or LSS).

NOTE 6: Updated on a monthly basis.

NOTE 7: COSCO has applied the above Bunker Charge (BUC) since September 1, 2020 per Rule 010-003.

Each carrier maintains its own tariffs and controls its own pricing.

Transpacific Eastbound Carriers File GRIs Effective September 15 and October 1, 2020

Several leading carriers serving the Trans Pacific container trades have recently updated their respective tariffs to include new General Rate Increases (GRIs) effective September 15, 2020, including American President Lines (APL), CMA CGM, COSCO, Evergreen, Hapag Lloyd, Hyundai Merchant Marine, Ocean Network Express (ONE), and Yang Ming. See table below for GRI amounts per 40ft container; GRI amounts for all other container sizes are as per formula. The September 15th GRIs will be the eighteenth GRI of 2020 for the East Asia/USA trade lane.

NOTE 1: COSCO GRIs apply on all cargo moving under service contracts only.

Some carriers updated their tariffs to include new General Rate Increases (GRIs) effective October 1, 2020, including American President Lines (APL), CMA CGM, COSCO, Evergreen, Hapag Lloyd, Hyundai Merchant, Ocean Network Express (ONE), and Yang Ming. See table below for GRI amounts per 40ft container; GRI amounts for all other container sizes are as per formula. The October 1st GRIs will be the nineteenth GRI of 2020 for the East Asia/USA trade lane.

NOTE 1: COSCO GRIs apply on all cargo moving under service contracts only.

Transpacific Westbound Carriers Update Fuel Surcharges Effective October 1, 2020

Several carriers serving the USA/East Asia trade lanes (U.S. Exports) have adjusted their fuel surcharges for the October to December 2020 quarter. Here is a table of carriers that have posted BAF amounts:

NOTE 1: APL calls the above Bunker surcharge the Bunker Surcharge (BAF03), tariff Rule No. R010, Sub Rule No. B00A. The above BAF has been effective since July 1, 2020.

NOTE 2: CMA CGM calls the above Bunker surcharge the Bunker Adjustment Factor Surcharge (BAF-03), tariff Rule No. 010.4.

NOTE 3: ONE calls the above Bunker surcharge the ONE Bunker Surcharge (OBS). Any reference to Bunker Adjustment Factor (BAF) or Fuel Adjustment Factor (FAF) within a duly filed service contract shall be construed as referencing the same surcharge as ONE Bunker Surcharge (OBS) as detailed within tariff Rule No. 102.001, whether as an exception or as a reference to this charge.

NOTE 4: OOCL calls the above Bunker surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge above is effective September 1, 2020 until further notice. The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge (T-52) and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge (T-51, T-63) are already applied or included in the base rate. The Bunker Surcharge (T-52) does not apply for the Transpacific trade lane effective January 1, 2020.

NOTE 5: Yang Ming calls the above Bunker surcharge the New Bunker Charge, rule number 10-AH.

NOTE 6: Subject to Low Sulphur Fuel Charge (LSF or LSS).

NOTE 7: Updated on a monthly basis.

Each carrier maintains its own tariffs and controls its own pricing.