October 1, 1998 | 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.
Eastbound TransPacific "Peak Season Surcharges" Investigated by FMC
FMC Commissioner Delmond Won has been named Investigative Officer in this matter. In this capacity, Commissioner Won is authorized to issue subpoenas, require reports and hold hearings as may be necessary. The investigation has been widely publicized; Commissioner Won discussed it on National Public Radio (NPR) in the US, and FMC Chairman Hal Creel called it "an extremely pressing matter."
Hearings have been scheduled by the Commission for Oct. 6-8 in San Francisco, Oct. 13-15 in Seattle and Oct. 19-22 in Los Angeles. Members of the Transpacific Stabilization Agreement, which includes both conference and non-conference lines, are expected to testify under subpoena. A number of shippers are also expected to testify. Interested parties may contact Commissioner Won’s office, telephone: 202-523-5721 or fax: 202-523-0298 for more information.
FMC Investigation No. 23 will attempt to document the following within 90 days or less:
1. Demands for rates other than those set forth in applicable tariffs or service contracts;
2. Refusals to accept cargo or provide service absent payment of higher rates;
3. Demands for renegotiation or amendment of service contracts under threat of non-acceptance of cargo;
4. Improper termination of service contracts and application of higher tariff rates;
5. Acceptance of low rated cargo as misdescribed higher rated cargo;
6. "Voluntary" rate increases;
7. Unlawful preference or discrimination by exempting large shippers or "champion accounts" from rate increases or service refusals;
8. The imposition of unreasonable increases in rates or charges; and
9. Other similar practices which may be violative of the Act or Commission regulations.
In its Order of Investigation the FMC reminds ocean carriers of their "obligation to treat shippers in a fair and non-discriminatory manner in the acceptance, handling and carriage of cargo." Furthermore, the FMC cites a ruling issued in 1959 wherein it found "where demand for space exceeds the supply, the law is clear: a common carrier must equitably prorate its space among shippers."
Docket 98-16: Eastern Mediterranean Shipping, Possible Violations of the Shipping Act
New FMC Field Office Opened at New York:Will Carry Out Enforcement Activities
Ocean Shipping Reform Act of 1998:Still Awaits Action in the US Senate
If the Senate approves S. 414 prior to its adjournment, and if President Clinton promptly signs the bill, the FMC will proceed with new tariff publication regulations and new licensing requirements for Ocean Transportation Intermediaries (Freight Forwarders and NVOCCs). These regulations would be finalized by March 1, 1999, and implemented on May 1, 1999. If S. 414 is not approved this year, the Shipping Act of 1984 and current FMC regulations will remain unchanged in 1999.
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SIGNALS the newsletter of Distribution-Publications, Inc.
Vol. 2, No. 6, October 1, 1998