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FMC targets third-party billing
The Federal Maritime Commission has recovered $1.9 million in civil penalties from Maersk A/S after allegations that the carrier assessed detention charges against third parties that had not agreed to be bound by Maersk’s bills of lading, service contracts, or tariffs.
The case matters because detention and demurrage billing remains one of the most closely watched issues in U.S. ocean shipping. For freight forwarders, customs brokers, beneficial cargo owners, and other parties around the cargo chain, the question is simple: who can fairly be billed when containers are delayed?
According to the FMC, Maersk is a vessel operating common carrier headquartered in Copenhagen and active in U.S. foreign trades and globally. The Commission said the compromise agreement resolved allegations that Maersk violated the Shipping Act through its detention billing practices.
Maersk agrees to tariff changes
Under the agreement, Maersk will end the practice identified by the FMC and amend its U.S. tariff rules. The carrier will limit the definition of “merchant” in its bills of lading to shippers, consignees, and parties with a beneficial interest in the cargo, as defined under 46 C.F.R. § 515.2(b).
That distinction is not just legal housekeeping. In practical terms, it narrows who can be treated as responsible for charges tied to cargo movement. For companies caught between carriers, terminals, truckers, and cargo owners, the billing chain can sometimes feel like a relay race where the invoice is handed to whoever is closest.
The FMC also said Maersk agreed to issue refunds and waivers to affected third parties, in addition to paying the civil penalty.
No admission of violations
Maersk agreed to the payment as part of a compromise agreement but did not admit to violations of the Shipping Act or FMC regulations.
The FMC said penalty payments are deposited into the U.S. General Fund and that the commission receives no portion of the money.
Wider signal for container shipping
The action adds to continued regulatory attention on detention and demurrage practices in U.S. trades. Industry coverage of the case noted that Maersk will refund third parties that paid detention bills and limit future billing to shippers and consignees.
For logistics professionals, the operational message is clear. Contract wording, tariff rules, and billing authority are no longer back office details. They directly affect cash flow, dispute exposure, and commercial risk across the container supply chain.
