- The Trade Hub
- ...News
- Regulation
- The FMC has agreed a $1.9 million settle...
The FMC has agreed a $1.9 million settlement with Maersk over detention charges billed to third parties.
The FMC has agreed a $1.9 million settlement with Maersk over detention charges billed to third parties not bound by the relevant contracts, bills of lading or tariffs.
The settlement announced between the FMC and Maersk.
Logistics Management reported on 27 May 2026 that A.P. Moeller Maersk will pay $1.9 million under a settlement reached with the Federal Maritime Commission over container-related charges . The original source describes the settlement as an agreement including a civil penalty of $1.9 million with Maersk . According to Logistics Management, the FMC said it had reached a compromise with Maersk to resolve allegations of Shipping Act violations in the way the carrier assessed detention charges . The reported complaint concerns detention charges applied to third parties that had not agreed to be bound by Maersk's transport contracts, bills of lading or tariffs . Logistics Management also mentions refunds and waivers granted to certain customers under the settlement . The available document links to a full external article and does not reproduce the text of the FMC agreement; that limitation prevents verification, from this document, of the settlement's exact clauses .
The scope of the third parties billed.
The reported settlement concerns detention charges applied by Maersk to third parties, as part of a compromise announced by the Federal Maritime Commission over allegations of Shipping Act violations . The original source summarises the complaint as the billing of detention charges to third parties that were not legally liable, with a civil penalty of $1.9 million .
Logistics Management specifies the category of third parties concerned: parties that had not agreed to be bound by Maersk's transport contracts, bills of lading or tariffs . The same article defines detention charges as charges that may be applied when containers are kept beyond a specified period .
The available file establishes the reported complaint, not the contractual terms specific to each operator. The available article does not reproduce the full FMC decision or the billing records needed for a file-by-file review .
The comparison with European import case files.
The European Commission DG TAXUD guidance document on entry and import formalities, revision 5, bears reference Ares(2023)7300182 and the date 26 October 2023 . It states that it is not legally binding, creates neither rights nor obligations, and has an explanatory purpose intended to facilitate the uniform application of customs legislation .
For a European import file, the milestones cited by that guidance are the ENS, arrival notification, presentation of goods to customs and temporary storage . The available US source on Maersk, by contrast, describes detention charges where containers are kept beyond a specified period, as well as transport contracts, bills of lading or tariffs referred to in the complaint concerning third parties . The reconciliation of container dates, port dates, carrier documents and customs milestones remains an operator-level file exercise; the available sources provide neither a control matrix nor the full FMC decision .
The litigation precedent around the FMC.
The Maritime Executive reports that lawyers for Orient Overseas Container Line filed in the U.S. District Court on 5 May 2026 to challenge the Federal Maritime Commission's adjudicatory process, following two complaints against OOCL . The article links that action to a $45 million administrative judgment awarded by an FMC administrative law judge to Bed Bath & Beyond, with separate proceedings brought by Nielsen & Bainbridge . OOCL argues that the complaints concern a contractual dispute and seeks declaratory and injunctive relief so that it does not have to continue its defence in the FMC's internal proceedings . The link with the Maersk settlement is limited to the US procedural context; this source documents neither the allegations nor the evidence in the Maersk file .
Source limits and documents to retain.
The file does not contain the order or the official text of the FMC settlement; the available document is a Logistics Management article stating that Maersk will pay $1.9 million and provide refunds and waivers to certain customers .
The points still to be verified are the case number, the exact date of the order, the scope of the refunds, the customers concerned and the periods covered, because the article does not provide those elements .
The contractual evidence should remain separate: transport contracts, bills of lading and applicable tariffs, which are the elements cited for unbound third parties by the FMC according to the article .
The logistics evidence covers detention invoices, arrival notices and container data; the source describes charges that may be applied when containers remain beyond a defined period .
The customs evidence remains separate: ENS, arrival notification, presentation of goods and temporary storage fall under the TAXUD guidance, which is not legally binding and is explanatory in nature .
Sources cited
- Splash 247 - Maritime & shipping news - Splash 247 - Maritime & shipping news