FMC and maritime
The Federal Maritime Commission, NVOCCs, forwarders, carriers, cargo claims and demurrage.
- IEEPA refunds and CAPE
- Section 232
- Section 301 and China
- Antidumping and countervailing duties
- Seizures, penalties and forfeiture
- Customs compliance
- Export controls and sanctions
- FMC and maritime
- Forced labor and UFLPA
- Trade agreements and origin
- Intellectual property
- Business and litigation
- Trade policy
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Strait of Hormuz Closure- What You Need to Know
On February 28, 2026, geopolitical tensions in the Middle East escalated sharply following an Iranian attempt to close the Strait of Hormuz. The situation has rapidly evolved from diplomatic warnings to active kinetic conflict, severely…
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New Section 301 Fees on Chinese and Foreign-Built Vessels Take Effect October 14
The U.S. government has announced new vessel fees under the ongoing Section 301 action into China’s targeting of the maritime, logistics, and shipbuilding sectors for dominance. Effective October 14, 2025, these fees apply to vessels…
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BIS Issues Interim Final Rule Extending Entity List Restrictions To 50% Ownership
On September 29, 2025, the Bureau of Industry and Security (BIS) implemented an interim final rule (IFR) amending the Export Administration Regulations (EAR) to broaden the reach of the Entity List. Published at 90 FR 47201, this rule…
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Global Guidance for International Mail: New Duty Collection Rules Take Effect August 29, 2025
Effective August 29, 2025, U.S. Customs and Border Protection (CBP) will implement sweeping changes to the way duties are assessed and collected on international mail shipments. Under Executive Order 14324, Suspending Duty-Free De…
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Commerce Launches Circumvention Inquiries on Aluminum Containers Completed in Thailand and Vietnam
The U.S. Department of Commerce has officially initiated country-wide circumvention inquiries to determine whether disposable aluminum containers, pans, trays, and lids completed in Thailand and Vietnam using Chinese-origin aluminum…
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OFAC Sanctions 18 Hong Kong Companies for Alleged Involvement in Iranian Oil Trade
On July 9, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a new round of sanctions targeting 22 companies based in Hong Kong, the United Arab Emirates, and Turkey. Among them, 18 companies…
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Potential Tariff on BRICS Countries, Allies
Overnight on July 6, 2025, President Trump issued a statement threatening additional tariffs on imports from countries that align themselves with the BRICS bloc. This statement comes just as BRICS countries have begun their annual…
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Chinese Shipping Hit With Section 301 Sanctions
On April 17, 2025 the United States Trade Representative (“USTR”) announced sanctions against the Chinese shipping and maritime industry, including logistics and shipbuilding. These actions come at the end of a year-long investigation…
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De Minimis Tariffs Raised
In response to tariff retaliation from China, the Trump Administration has increased the duty rates on Chinese goods that previously qualified for de minimis duty free treatment. Background Beginning on February 1, 2025, President Trump…
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The End of MC Numbers: A New Era for Freight Brokers
The Federal Motor Carrier Safety Administration (FMCSA) is on the brink of implementing one of its most significant regulatory changes in recent years. Effective October 1, 2025, the FMCSA eliminates the use of Motor Carrier (MC)…
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What are Customs Brokers, Freight Forwarders, and NVOCCs?
What is a Customs broker? Customs brokers are private individuals, partnerships, associations, or corporations licensed, regulated, and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting…
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“Liability Kits” for Customs Brokers, Freight Forwarders and NVOCCs
It is essential for companies to have accessible Terms and Conditions (T&C) for the customer to ensure enforceability against any liability. In the shipping industry, you are responsible for making customers aware of Terms and…
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FMC Increases Penalties for Shipping Act Violations
The Federal Maritime Commission has increased the maximum penalties assessed for statutory violations effective January 15, 2021, as required by the Federal Civil Penalties Inflation Adjustment Act of 2015. The increases are tied to the…
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OFAC Enforcement Against Va. Forwarder and Fl. Shipper
I. Virginia Forwarder The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Finding of Violation to DNI Express Shipping Company (“DNI”), incorporated in McLean, Virginia, for a violation of § 501.602 of…
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The Death of Intermediaries? Maersk’s Canary in the Coalmine.
This is an old blog we lost during our transfer of site hosting. Maersk, the world’s leading container ship operator, and Alibaba, the owner of China’s biggest e-commerce platforms, have decided to join forces in what has traditionally…
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Understanding General Average
Import and export traffic in our globalized world generally runs quite smoothly, but occasionally, the very real risks associated with the natural elements at sea or simple human error impact transportation adversely. Severe weather…
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Unpacking Warehouse Liens
Warehouses are massive repositories of risk and are responsible for holding, in many cases, millions of dollars in property. Because of this huge responsibility, warehouses have the right to contractually limit liability for loss or…
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SOLAS New Container Weighing Requirements
Change is on the horizon in the shipping industry, and it is important to make sure you are staying informed. Effective July 1st, 2016, changes adopted by the International Maritime Organization (IMO) regarding verified container…
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FMC Remains Aggressive with Penalties
Since the summer (2015) there have been penalty settlements announced by the Federal Maritime Commission (FMC) which total in excess of $2,000,000.00. Its Bureau of Enforcement (BOE) is the arm of the Commission specifically focused on…
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Dealing With Patent Trolls
Freight forwarders, Customs brokers, and carriers always provide shipment tracking to their customers. There are a variety of ways to do this; they may use their own software to track shipments, or they may track shipments by linking to…
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Fiduciary Responsibilities of Ocean Freight Forwarders Compared to NVOCCs
It is crucial to understand the type of relationship you have with someone, i.e. the duties and/or responsibilities owed to a party based on their interaction. Today we are taking a look at the fiduciary relationship, questions…
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Compliant NRAs for Federal Maritime Commission Purposes
Traditionally, Non-Vessel-Operating Common Carriers (NVOCCs) compete for shippers’ business by publishing the amount they charge in rate tariffs that are made available to the public. However, as of April 18th, 2011, the Federal…
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Disclosing Terms & Conditions To Make Them Enforceable
It is common practice today for companies to post their Terms and Conditions (T&C) online, but the key to enforceability is ensuring that these terms are accessible by the customer. In the shipping industry, you are responsible for…
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Forwarder Liability for Ocean Freight Charges
Freight forwarders customarily make bookings with ocean carriers on behalf of their clients, and often they are listed as forwarding agents on the carriers’ bills of lading. Occasionally, forwarders are sued by carriers for unpaid…
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FMC Penalizes Seven OTIs and One Vessel Operator One Half Million Dollars
On Friday October 10, 2014 the Federal Maritime Commission announced “compromise agreements” totaling $503,000 in civil penalties from five NVOCCs, two unlicensed OTIs, and one vessel-operator. “Compromise agreements” do not admit…
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Panama Canal Expansion: Impact on Southeastern Ports
We just wrote about the Panama Canal Expansion project (also called the Third Set of Locks Project) and its likely impact on Florida. The expansion, scheduled to be completed in April of 2015, will double the capacity of the Panama…
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Panama Canal Expansion: What Does it Mean for Florida?
The Panama Canal Expansion project (also called the Third Set of Locks Project) is projected to be completed in April of 2015. The project was announced with the purpose of increasing Panama’s ability to benefit from the growing traffic…
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Newly Proposed FMC Regulations
On May 31, 2013 the Federal Maritime Commission (“FMC”) published proposed changes to the rules regulating Ocean Transportation Intermediaries (“OTI’s”) and Non-Vessel-Operating Common Carriers (“NVOCC’s”). The 60-day comment period…
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Shipping Act Violations: FMC Informal Small Claims
Part of the Federal Maritime Commission’s (FMC) job is to regulate international ocean transportation as it relates to U.S. exporters, importers and consumers. One way the FMC fulfills its mission is by protecting the trading community…
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The OSCARs: Creating Greater Efficiency in Transpacific Agricultural Shipping
The United States Department of Agriculture has teamed up with members of the Westbound Transpacific Stabilization Agreement[1] to enhance shipping and exports in the agricultural market by creating weekly projected equipment and…
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Rail and Ocean Carriers: Transition to the ACE e-Manifest
Customs recently published an important reminder for all rail and sea carriers regarding the impending transition from the Automated Manifest System (AMS) to the Automated Commercial Environment (ACE) e-Manifest system. As you’re…
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FMC Simplifies Negotiated Rate Arrangements
The Federal Maritime Commission revised its Negotiated Rate Arrangement (NRA) regulations to reduce recordkeeping requirements. With immediate effect, the FMC is a) eliminating the requirement for the shipper’s title and address in…
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When Is C-TPAT Right For You?
The Customs-Trade Partnership Against Terrorism (C-TPAT) was established to ensure the safety and security of cargo arriving in the United States. Although being C-TPAT certified is not required by any governmental agency, many private…
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A Proper Receipt Creates A Warehouse Lien
We are constantly being asked by NVOCCs, forwarders and warehousemen whether they have a legitimate lien on the cargo in their possession, such that that they can hold the freight until being paid. The answers are not simple: you only…
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Inside FMC Licensing: References
Becoming an ocean transportation intermediary (“OTI”), a freight forwarder (“OFF”) or a non-vessel operating common carrier (NVOCC), is a great way to get involved in the international trade industry. OFFs and NVOCCs facilitate the…
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CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS?
CAN A FORWARDER INSURE A SHIPMENT AFTER A KNOWN LOSS? This question was addressed last week in the case of I.T.N. CONSOLIDATORS, INC. versus NORTHERN MARINE UNDERWRITERS LTD. [i] A cargo loss was made known to the forwarder ITN which…
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FMC RULING OPENS DOOR TO MISCHIEF
Sometimes the best intended act can lead to unanticipated results. In the case of informal docket no. 1916(I) GUMTREEFABRICS, INC. v. EVER-LOGISTICS INTERNATIONAL FORWARDING LIMITED d/b/a EVEROK INTERNATIONAL FORWARDING CO., LTD, the…
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Transshipment under the Export Administration Regulations: An Attempt to Get Around the Regulations Ends Badly For a Florida Company
The Export Administration Regulations (EAR), at Part 736, General Order No. 2 of Supplement No. 1, prohibits export of all items covered by the EAR to Syria unless they are licensed shipments of food or medicine. This broad prohibition…
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Freight Forwarder Settles Charge of Antiboycott Violation for Furnishing Negative Certification of Origin on Shipper’s Invoice
Most trade intermediaries are familiar with the antiboycott provisions contained in Part 760 of the Export Administration Regulations (EAR). These regulations prohibit U.S. persons’ participation in or cooperation with the Arab League’s…
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Federal Maritime Commission Begins Rulemaking Process to Amend Regulations to Eliminate Filing of Rate Tariffs By Licensed NVOCCs
On April 29, 2010, the Federal Maritime Commission published a proposed rulemaking to implement its February 18, 2010, decision to relieve licensed NVOCCs from the costs and burdens of tariff rate publication. The April 29 rulemaking…
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Service Contract Held Inapplicable In Favor Of Bill Of Lading: Entire Yacht Is A “Package” Under COGSA And Liability Limited To $500
Until the Rotterdam Rules take hold, we will continue to examine COGSA cases worthy of note. A case involving the dropping of a $4,000,000 yacht due to a collapsed crane is noteworthy in our book, especially when the ocean carrier…
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CBP Now Accepts Online Requests For Confidential Treatment of Manifest Data
Some may not realize that data on inbound cargo declarations, CF 1302, is made public by CBP. Certain data contained on outbound manifest is also publicly available, such as the name and address of the shipper, general character of the…
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FMC Votes To Exempt NVOCCs From Publishing Rates
On February 18, 2010, the Federal Maritime Commission voted to approve a proposed rulemaking that would exempt non-vessel-operating common carriers (NVOCCs) from the longstanding requirement that they publish tariff rates. This move was…
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Goodbye COGSA, Hello Rotterdam Rules
By passing the Carriage of Goods by Sea Act of 1936 (COGSA), the United States adopted as domestic legislation the Hague Rules, which govern liability for loss in ocean carriage. At that time, ocean cargo was transported largely by…
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The Department of Commerce’s Bureau of Industry and Security Updates Its Freight Forwarder Guidance
The Department of Commerce’s Bureau of Industry and Security (BIS) recently posted new export control guidance for freight forwarders on its website. BIS enforces the Export Administration Regulations, which regulate the conduct of both…
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