Regulatory intelligence for US exporters

Carrier Reaches Settlement With Terminal Operator SSA Over Fees

Hong Kong carrier Bal Container Line Co. Ltd. and U.S. terminal operator SSA have jointly asked the Federal Maritime Commission to approve a confidential agreement that would settle Bal’s complaint against SSA over congestion surcharges, according to a notice released by the FMC this week.

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“The parties have engaged in settlement discussions at various points in time throughout the course of the proceeding, including a day-long mediation with the FMC’s Office of Consumer Affairs and Dispute Resolution services,” the notice says. “These ongoing discussions have produced the confidential settlement agreement accompanying this memorandum.”

The complaint, filed in October 2023 and amended in December 2023, alleged that SSA violated the Shipping Act by imposing “unjust and unreasonable” fees on Bal (see 2312280040). It said SSA unfairly assessed more than $8.8 million in congestion surcharges when Bal’s ability to pick up containers was constrained by circumstances beyond its control or by SSA’s placement of the containers in inaccessible areas.