FMC Issues FAQs on D&D Final Rule
The Federal Maritime Commission recently sent the shipping and freight forwarding industry guidance about the FMC’s February final rule that set new demurrage and detention billing requirements (see 2402230049). The six-page document, provided to us by the National Customs Brokers & Forwarders Association of America, includes 19 frequently asked questions and answers related to the rule, covering questions including timelines for disputing detention and demurrage invoices issued by ocean carriers and terminal operators, extended dwell fees assessed by U.S. ports and the definition of “billed party.”
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One FAQ said the commission currently has no plans to issue more data elements -- outside of the 13 it listed in its final rule -- that must be included in a demurrage and detention billing invoice. “However, the Commission reserves the right to add additional elements in the future if circumstances warrant,” it said.
The FMC also said it isn’t planning to issue guidance on what it considers to be a “reasonable standard for keeping billed parties informed of accruing charges” that will later be invoiced. The commission was told that some shippers have faced situations where empty containers have accrued charges for more than one year.
“The Commission does not currently have plans to issue supplemental guidance on the final rule,” the FMC said, but “guidance is one alternative available to the agency if it determines additional action is necessary.”