The US government body, Federal Maritime Commission (FMC) has given the following guidance for parties that want to dispute charges assessed by common carriers that they believe may not comply with the Ocean Shipping Reform Act of 2022, which became Public Law 117-146 on 16 June.
FMC said that parties interested in filing such “Charge Complaints” may do so by following the below steps:
- Identifying the common carrier
- Identifying the specific alleged violations of 46 U.S.C. §§ 41102 and/or 41104(a)
- Gathering and submitting supporting documentation, as appropriate, including:
- Invoices
- Bill of Lading Numbers
- Evidence of whether the charge(s) have been paid
- Confirming that the disputed charge was incurred on or after the enactment of P.L. 117-146
- Submitting all relevant materials in one email (if possible) to chargecomplaints@fmc.gov
When the Commission receives sufficient information, it will initiate an investigation, which could result in a civil penalty and order for a refund of charges paid.
“Investigations by the Commission are for law enforcement purposes and do not constitute representation as attorney for the complainant or a guarantee of refunds,” noted FMC.
