Carrier may charge the rates in effect on the day the cargo is tendered
The Federal Maritime Commission issued an Industry Advisory regarding numerous informal inquiries received in relation to certain congestion surcharges that have been announced in tariff rules required to be published under the Shipping Act of 1984, as revised by the Ocean Shipping Reform Act (1998) and the Commission’s regulations at 46 CFR Part 520.
Unless done pursuant to a waiver or exemption, any tariff rule (including surcharges) of a common carrier that results in an increased cost to a shipper may not be effective earlier than 30 days after publication.
The Shipping Act and the Commission’s regulations require that the rules applicable to any given shipment shall be those in effect on the date the cargo is received by the common carrier or its agent. Thus, if any cargo-related disruption were to occur at a port after cargo has been tendered by a shipper, a carrier may only lawfully charge the rates in effect on the day the cargo is tendered. These regulations apply both to import and export cargo.
Source: FMC
