On June 16, 2022, President Biden signed into law the Ocean
Shipping Reform Act of 2022 ("OSRA 2022"), which amended
the Shipping Act of 1984 ("the Shipping Act"). Among the
various amendments, OSRA 2022 included a new section for Charge
Complaints, which established an expedited process for parties
disputing charges assessed by common
carriers. See 46 U.S.C. § 41310. Upon
receipt of a Charge Complaint, the Federal Maritime Commission
(FMC) shall promptly initiate its investigation and may ultimately
order a refund of charges paid or impose a civil penalty.
The FMC recently issued an
Industry Advisory for parties interested in filing Charge
Complaints and outlined the following steps:
