The U.S. Federal Maritime Commission (FMC) received one new formal complaint in November 2024 alleging violations of the U.S. Shipping Act and FMC regulations.

Unreasonable Cargo Handling Practices and Unlawful Detention – FMC Docket No. 24-14:  Baylink Shipping Inc., a U.S.-based non-vessel-operating common carrier (NVOCC), filed a formal complaint against ZIM Integrated Shipping Services Ltd. alleging violations of the U.S. Shipping Act.

According to Baylink, in June 2021 Easy Link Int’l Logistics (Shenzhen) Co., Ltd., contracted with Zim to transport a shipment of cloth bags from Yantian, China to Houston, Texas. Zim listed Baylink as the consignee and notify party on the Master Bill of Lading. The shipment was picked up shortly after arrival, but the container was not returned until April 23, 2023. Zim issued Baylink an invoice for $136,920 in detention charges. Baylink alleges that it is not liable for these charges because it did not contract for the shipment. Additionally, Baylink, alleges that Zim unlawfully released the container without Baylink’s instructions or presentation of a delivery order. Furthermore, Baylink alleges that Zim refused to provide Baylink with the name of the trucker that picked up the container. Lastly, Baylink alleges that Zim’s invoice did not comply with FMC’s detention regulations because it did not include the correct tariff rule listing the detention charges.

Baylink requests the Commission to order Zim to cease and desist from these Shipping Act violations, pay Baylink’s attorneys’ fees, and to provide any other relief the Commission deems proper.

For more details visit the FMC’s online reading room. The FMC’s reading room provides access to FMC dockets, related documents, notices, and orders.

The U.S. Federal Maritime Commission (FMC) opened a 15-day comment period for members of the public to comment on a newly filed vessel sharing agreement between Ocean Network Express (ONE), Hyundai Merchant Marine (HMM), and Yang Ming Marine Transportation.

The agreement, titled the Premier Alliance Agreement (No. 201435), authorizes the three ocean common carriers to share vessels; charter or exchange vessel space; discuss and agree on the size, number, and operational characteristics of vessels operated under the agreement; and engage in other related activities. ONE, HMM, and Yang Ming are also parties to THE Alliance Agreement (No. 012439) that is currently in effect

The Premier Alliance Agreement is available for public inspection in the Commission’s online Agreement Library.

Instructions for submitting comments are included in the Notice of Agreement Filed and Request for Public Comments published in the Federal Register. Comments submitted are confidential and exempt from public disclosure.

Activities conducted under agreements filed with the Commission and in effect are exempt from federal antitrust laws. If the Commission takes no action, the Premier Alliance Agreement will become effective on December 12, 2024.

The Commission is reviewing the agreement to assess whether it is likely, by reducing competition, to cause an unreasonable reduction in transportation service or an unreasonable increase in transportation cost or to substantially lessen competition in purchasing certain services. See 46 U.S.C. § 41307(b). The Commission is also reviewing the agreement to ensure that it complies with restrictions on ocean common carriers imposed by 46 U.S.C. § 41105, other Shipping Act provisions, and the Commission’s regulations.

Several carriers serving the USA/East Asia trade lanes (U.S. Exports) have adjusted their fuel surcharges for the January to March 2025 quarter. Here is a table of carriers that have posted BAF amounts:

NOTE 1: CMA CGM calls the above Bunker surcharge the Bunker Adjustment Factor Surcharge (BAF-03), tariff Rule No. 010.4. Low Sulphur Surcharge IMO2020 (LSS20) is not applicable at this time.

NOTE 2:  COSCO calls the above surcharge the Bunker Surcharge (BUC), Tariff Rule No. 010-001.

NOTE 3:  HMM calls the above charge the Bunker Surcharge (BUC) Rule No. 10-02A. HMM also filed in its FMC tariff Rule 10-02F, Environmental Compliance Charge (ECC), effective January 1, 2025. The ECC amounts are USD 40/79/79/79 per 20/40/40HC/45ft, respectively, for dry cargo moving via West Coast; and USD 26/51/51/51 per 20/40/40HC/45ft, respectively, for dry cargo moving via East Coast, Gulf.

NOTE 4:  ONE calls the above 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 5:  OOCL calls the surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge are already applied or included in the base rate.

NOTE 6:  Yang Ming calls the above surcharge the New Bunker Charge, Tariff Rule No. 10-AH.

NOTE 7:  ZIM calls the above surcharge the New Bunker Factor – Far East (NBF), Tariff Rule No. 010-NB. These bunker amounts have been effective since October 1, 2024.

NOTE 8:  Subject to Low Sulphur Fuel Charge (LSF or LSS).

NOTE 9:  Updated on a monthly basis.

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

Several carriers serving the East Asia/USA trade lanes (U.S. Imports) have adjusted fuel surcharges effective January 1 through March 31, 2025. Details are as follows.

NOTE 1:  CMA CGM calls the above surcharge the Bunker Adjustment Factor Surcharge (BAF03), Tariff Rule No. 010.08. Low Sulphur Surcharge IMO2020 (LSS20) is not applicable at this time.

NOTE 2:  COSCO calls the above surcharge the Bunker Charge (BUC), Tariff Rule No. 010-003.

NOTE 3: HMM calls the above charge the Bunker Charge, tariff Rule 2-63. HMM also filed in its FMC tariff Rule 2-95, Environmental Compliance Charge (ECC), effective January 1, 2025. The ECC amounts are USD 160/178/200/225 per 20/40/40HC/45ft, respectively, for destination USWC/USWC Local/IPI/MLB; and USD 288/320/360/405 per 20/40/40HC/45ft, respectively, for destination USEC (all water)/USGC/RIPI.

NOTE 4:  ONE calls the above 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 5:  OOCL calls the above surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge are already applied or included in the base rate.

NOTE 6:  ZIM calls the above surcharge the New Bunker Factor – Far East (NBF), Tariff Rule No. 010-NB. Service contract cargoes subject to Carrier’s published BAF and/or EBS shall not be subject to NBF. These bunker amounts have been effective since October 1, 2024.

NOTE 7:  Subject to Low Sulphur Fuel Charge (LSF or LSS).

NOTE 8:  Updated on a monthly basis.

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

Several leading carriers serving the Transpacific container trades have recently updated their respective tariffs to include new General Rate Increases (GRIs) effective December 15, 2024, including CMA CGM, COSCO, Evergreen, Hapag Lloyd, HMM Company Limited, Ocean Network Express (ONE), Yang Ming, and ZIM. See table below for GRI amounts per 40ft container. GRI amounts for all other container sizes are as per formula. The December 15th GRIs will be the twenty-fourth GRI of 2024 for the East Asia/USA trade lane.

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

NOTE 2:  Evergreen GRIs will be USD 3000 per 40ft container for dry cargo, and USD 3000 per reefer container. GRI amounts for all other container sizes are as per formula.

Some carriers also updated their tariffs to include new General Rate Increases (GRIs) effective January 1, 2025, including CMA CGM, COSCO, Evergreen, Hapag Lloyd, HMM Company Limited, Ocean Network Express (ONE), Yang Ming, and Zim. See table below for GRI amounts per 40ft container. GRI amounts for all other container sizes are as per formula. The January 1st GRIs will be the first GRI of 2025 for the East Asia/USA trade lane.

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

NOTE 2:  Evergreen GRIs will be USD 3000 per 40ft container for dry cargo, and USD 3000 per reefer container. GRI amounts for all other container sizes are as per formula.

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

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.