FMC Slaps Maersk With $1.9 Million Penalty Over Detention Charge Practices
The Federal Maritime Commission has reached a $1.9 million settlement with shipping giant A.P. Moller – Maersk over allegations the carrier improperly billed outside parties for container detention fees.
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According to the FMC, the case centered on claims that Maersk charged detention costs to parties that were not legally bound by the carrier’s bills of lading, service contracts, or tariff agreements — a practice regulators said violated U.S. shipping laws.
As part of the settlement, Maersk agreed to stop the disputed billing practice and revise its U.S. tariff language.
The carrier will narrow the definition of “merchant” in its shipping documentation so that only shippers, consignees, and parties with a direct beneficial interest in cargo can be held responsible for such charges under federal rules.
The agreement also requires Maersk to issue refunds and waive certain charges for affected third parties.
The company did not admit liability or wrongdoing under the settlement terms.
The enforcement action is the latest sign that the FMC is continuing its aggressive crackdown on detention and demurrage billing practices following widespread complaints from cargo owners and logistics providers during the post-pandemic supply chain crisis.
Since passage of the Ocean Shipping Reform Act in 2022, regulators have stepped up scrutiny of carrier billing practices, particularly fees viewed as unfair or unrelated to improving cargo movement.
Earlier this year, the FMC imposed a massive $22.67 million civil penalty on MSC Mediterranean Shipping Company over alleged violations tied to detention billing and refrigerated container tariff practices.
The Commission also scored a legal victory in April when a federal appeals court upheld a ruling against Evergreen Marine involving detention charges during a closure at the Port of Savannah.
That ruling reinforced the FMC’s position that detention and demurrage fees must serve a legitimate operational purpose — such as improving cargo flow — rather than functioning primarily as revenue-generating penalties.
All financial penalties collected by the FMC are transferred to the U.S. Treasury, with the agency itself retaining none of the funds.


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