Home / Signals™ / Signals™ Headlines – February 5, 2007

Signals™ Headlines - February 5, 2007

FMC Docket 07-01: APM Terminals Complaint Against Port of NY & NJ

The Federal Maritime Commission issued a Notice
of Filing of Complaint and Assignment in FMC Docket 07-01, a complaint filed by APM Terminals North America, Inc.,
formerly known as Maersk Container Service Company, Inc., against the Port
Authority of New York and New Jersey
for alleged violations of the Shipping Act
of 1984
.

APM Terminals, a marine terminal operator, entered into an Agreement with the Port Authority of New York and New
Jersey, also a marine terminal operator, to lease land and facilities at the Elizabeth-Port Authority Marine
Terminal.  The Agreement was filed with the FMC January 6, 2000 and went into effect August 2, 2002.  In
addition to the leased premises, the Port Authority of New York and New Jersey agreed to lease an additional 84
acres to APM Terminals anytime between January 6, 2000 and December 31, 2003.  APM Terminals claims that
despite numerous requests for the delivery of the additional 84 acres, the additional acres were not turned over
until December 25, 2005, approximately two years after the deadline agreed upon in the Agreement.  APM
Terminals also claims that the Port Authority of New York and New Jersey allowed Maher Terminals, a marine terminal operator, to use these
premises despite the Agreement.   Consequently, APM Terminals claims that due to the delay in turn over it
suffered a loss of operating revenue, as well as incurred substantial additional operations, labor and construction
costs.

APM Terminals claims these constitute as violations of numerous area of Section 10 of the Shipping Act, viz: (1)
failure to operate in accordance with the terms of the Agreement, (2) unjust, unreasonable, and unlawful practices,
(3) unreasonable refusal to deal or negotiate and (4) the imposition of undue or unreasonable prejudice or
disadvantage.  APM Terminals has asked the Commission to order the Port Authority of New York and New Jersey to
desist from these alleged violations of the Shipping Act, pay reparation for any violation of the Act plus interest
costs, attorney’s fees and any other damages to be determined.  APM Terminals has further asks the
Commission to command the Port Authority of New York and New Jersey to comply with all applicable provisions of the
Agreement.  The Commission has assigned this Docket to the Offices of the
Administrative Law Judges.
 An initial decision is to be issued by January 8, 2008 and a final decision
is scheduled to be issued May 7, 2008.

FMC Docket 04-08: Superior Link International Ordered to Pay Attorneys� Fees

The Federal Maritime Commission issued a Memorandum and Order in FMC Docket 04-08, ordering
Superior Link International, Inc. to pay Qin’s, Incorporated a total of
$20,917.50 in incurred attorneys’ fees.  Qin’s incurred these attorneys’ fees in the course
of filing an official Complaint with the FMC against Superior Link, an NVOCC based in Walnut, California.  In
the Complaint, filed July 29, 2004, Qin’s alleged that Superior Link violated the Shipping Act of 1984 by failing to
secure the timely release of two containers Qin’s shipped with Superior Link.  Due to this violation of
the Shipping Act Qin’s claimed it suffered damages of $23,626, included monies paid to the vessel operator,
American President Lines, Ltd., to negotiate the release of the two containers, which had incurred substantial
demurrage charges, court costs and attorneys fees as of April 28, 2004.  The FMC, in its Initial Decision
issued July 18, 2006, found Qin’s allegations to be justified and ordered Superior to pay Qin’s $7, 250
in compensation, the sum which Qin’s paid APL to secure the release of its containers.

On August 28, 2006 Qin’s filed a Petition with the FMC requesting Superior Link to pay attorney fees incurred
in the filing of the Complaint.  Qin’s originally requested compensation of $36,207.98 in
attorneys’ fees.  However, after a discriminating review of the itemized attorneys’ services and
their hourly rates by the FMC’s newest administrative law judge, Clay G. Guthridge, and objections by Superior
Link, the final amount of compensation was significantly decreased.  Superior Link was ordered to pay the
compensation within fifteen days from date the decision becomes final.

WTSA Reduces Inland Fuel Surcharges and Retains Bunker Adjustment Factors

The Westbound Transpacific Stabilization Agreement (WTSA), whose member lines serve the US export
trade from the USA to East Asia, announced reductions to their Inland Fuel Surcharge for the month of March. WTSA
also announced its current Bunker Adjustment Factors (BAF) will be unchanged thru March 31, 2007.
 Inland Fuel Charges for March 2007 will be reduced from US$ 190 to US$ 174 per container
(ctr) for rail and intermodal rail/truck shipments, and from US$ 55 to US$ 50 per ctr for local/regional truck
shipments. Bunker Adjustment Factors extended until March 31, 2007 are US$ 364 per 20ft ctr, US$
455 per 40ft /45ft ctr, and US$ 24 per WM.

The 11 member carriers of WTSA are American President Lines, China Shipping Container Lines, COSCO
Container Lines, Evergreen Marine Corp., Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine,
“K” Line, NYK Line, OOCL
and Yang Ming Marine.  For more information
visit www.wtsacarriers.org.

TACA Maintains Current Bunker and Currency Adjustment Factors

The Trans-Atlantic Conference Agreement (TACA), whose member carriers serve the trade between the
USA and North Europe, United Kingdom, Ireland, Scandinavia and Baltic Ports, announced they will again retain
current Bunker Adjustment Factors (BAF) through March 15, 2007.  TACA’s current
Currency Adjustment Factor (CAF) of 8 percent will also remain unchanged at least until March 15,
2007.  TACA has not made a change to its bunker surcharge since November 16, 2006 when BAF was decreased by
approximately 15 percent.  TACA last adjusted its CAF July 15, 2006, raising it two percentage points from 6
percent to the current 8 percent.

Bunker Adjustment Factors (BAF) thru March 15, 2007 are as follows:  to/from Atlantic/Gulf Coast Ports, US$
395 per 20ft ctr, US$ 790 per 40ft/45ft ctr and US$ 40 per WM; to/from Pacific Coast Ports, US$ 593 per 20ft ctr,
US$ 1186 per 40ft/45ft ctr and US$ 59 per WM.  TACA members are Atlantic Container Line, Maersk Line,
Mediterranean Shipping Co., NYK Line
and OOCL. Revisions to surcharges are published in
TACA’s relevant FMC tariffs, and are shown at its website: www.tacaconf.com

TSA Carriers Reduce Inland Fuel Charges, Announce Increases to Canal Surcharges

The carrier members of the Transpacific Stabilization Agreement (TSA), FMC
Agreement No. 011223, serving the East Asia/USA trade lane announced increases to canal surcharges.  The TSA
Carriers also announced reductions to Inland Fuel Surcharges and an extension to the current Bunker Adjustment
Factors for the month of March 2007.  The Suez Canal Surcharge will be increased effective
April 1, 2007 from US$ 60 to US$ 62 per 20/ft ctr and from US$ 120 to US$ 123 per 40/ft ctr.  The
Panama Canal Surcharge
will be increased effective May 1, 2007 from US$ 192 to US$ 212 per ctr, from US$
10 to US$ 11 per metric ton and from US$ 4 to US$ 4.50 per cubic meter.

Inland Fuel Surcharges for March 2007 will be reduced from US$
190 to US$ 174 per ctr for mini-land bridge (MLB) and inland point intermodal shipments moving via rail, and from
US$ 55 to US$ 50 per ctr for local and regional truck transport to “Group 4” points in California, Oregon
and Washington, and for East Coast local store-door truck moves.  Current Bunker Adjustment Factors
(BAF)
extended thru March 31, 2007 are US$ 345 per 20ft ctr, US$ 455 per 40ft ctr, US$ 510 per 40ft
hi-cube ctr, US$ 580 per 45ft ctr and US$ 10 per WM.

TSA member carriers are American President Lines, COSCO Container Lines Ltd., Evergreen Marine Corp.,
Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, “K” Line, Mitsui O.S.K. Lines, NYK
Line, OOCL
and Yang Ming Marine.  Visit www.tsacarriers.org for additional information.


SIGNALS™ is provided as a service to its customers
by Distribution-Publications, Inc. © 2006. All rights reserved.


All Issues of SIGNALS™ are available on the web at
www.dpiusa.com

Distribution-Publications, Inc.
180 Grand Avenue, Suite 430
Oakland, CA 94612-3750

Tel: 1-510-273-8933, or 1-800-204-3622, Fax: 1-510-273-8959,

E-mail: signals@dpiusa.com Web: www.dpiusa.com

“Navigating the Regulatory Seas” is a service mark of Distribution-Publications, Inc.

Vol. 11 No. 2, February 5, 2007

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.
Back
to top

Celebrating 45 Years of Navigating the Regulatory Seas

Need help with U.S. Federal Maritime Commission compliance?

Get in touch