The U.S. Federal Maritime Commission (FMC) has imposed a civil penalty of $1.9 million on Maersk after determining that the container shipping line improperly charged detention and demurrage fees to parties that were not contractually liable for those costs.
The FMC found that Maersk billed “merchants” who had not agreed to be bound by the carrier’s service contracts, bills of lading, or tariff provisions, a practice that regulators said violated provisions of the U.S. Shipping Act.
As part of the settlement, Maersk has agreed to revise its tariff language and billing practices to clearly define which parties can be held responsible for detention and demurrage charges. Liability will now be limited to shippers, consignees, and other parties with a direct beneficial interest in the cargo.
The carrier will also provide refunds or waive charges for affected parties where appropriate. While accepting the penalty and compliance requirements, Maersk did not admit any wrongdoing.
The enforcement action reflects the FMC’s increasing focus on detention and demurrage practices across the container shipping industry, with regulators seeking greater transparency and fairness in the assessment of cargo-related charges.
