Ports

FMC Removes Time Limits on Carrier Fee Challenges, Expanding Shipper Rights

The Federal Maritime Commission has eliminated the three-year statute of limitations on charge complaints against ocean carriers, a regulatory shift with significant implications for the industry. Carriers now face indefinite exposure to fee challenges dating back to June 16, 2022, when the change took effect. Charge complaints—formal mechanisms allowing cargo stakeholders to contest carrier detention and demurrage fees—saw a surge following the pandemic as shippers challenged what they characterized as excessive practices. The statute change removes pressure on shippers to file claims before existing deadlines expire. The FMC simultaneously expanded access to the complaint process, permitting filings through both small claims and formal proceedings. Industry observers note the modification may particularly benefit smaller enterprises. These companies were previously constrained by time pressures and procedural barriers. The regulatory action reflects broader efforts to level competitive dynamics between large carriers and smaller shipping participants.