August 2022

Port of Long Beach to Remove Weekend Exemption for Free Time (From NCBFAA)

Port of Long Beach Executive Director Mario Cordero on July 27 announced the Southern California port authority will take steps to end the weekend exemption for free time “to incentivize the use of weekend gates by our marine terminal operators and to incentivize our shippers to take advantage of these expanded weekend gate hours.”

The removal of the weekend exemption for free time will become effective Sept. 1.

“Beginning September 1, 2022, free time will be inclusive of Saturdays and Sundays (except on legal holidays) when a container terminal in Long Beach is open on either of those days,” Cordero said in a statement. “I have determined that the interests of commerce and navigation require this shortening of free time for the foreseeable future, and I will revisit this matter as circumstances require.”

Ed. Note:  This is another incursion into free time to increase shippers’ costs.  FYI, the Ports of NY- NJ are eliminating Saturdays as a free day, but we do not have an effective date.

Supply chain cyberattacks increasing (From Roanoke Insurance)

Cyberattacks are an existential threat to the supply chain and are rapidly increasing. In fact, a 42% increase in these criminal offenses occurred in just the first quarter of 2021.  US Treasury reports over $5 BILLION was paid in 2021 tied to ransomware payments. Cyber criminals have long sought to hack larger companies, but now they are increasingly targeting smaller companies. Cyber insurance is available for this risk. For more information, please visit

https://emflipbooks.com/flipbooks/AfA/FORWARD/Spring2022/book/12/

Some CBP fees changing Oct 1

The Merchandise Processing Fee (MPF) ad valorem rate of 0.3464% will NOT change. The MPF minimum and maximum for formal entries (class code 499) will change. The minimum will change from $27.75 to $29.66; and the maximum will change from $538.40 to $575.35. For the complete schedule, please go to

https://www.federalregister.gov/documents/2022/08/01/2022-16533/cobra-fees-to-be-adjusted-for-inflation-in-fiscal-year-2023

Shippers Can Seek Refunds of Unfair Charges with New Tool (From Sandler, Travis, and Rosenberg)

Under authority provided under the new Ocean Shipping Reform Act of 2022, the Federal Maritime Commission is now accepting complaints disputing charges assessed by common carriers – including demurrage and detention fees – that may not comply with the provisions of that law.

Shippers can file such complaints by:

– identifying the carrier;

– identifying the specific alleged violations of 46 USC 41102 and/or

41104(a);

– gathering and submitting supporting documentation (e.g., invoices, bill of

lading numbers, and evidence of whether the charges have been paid);

– confirming that the disputed charges were incurred on or after June 16 (the

date OSRA 22 was enacted); and

– submitting all relevant materials in one email (if possible) to the FMC at

 chargecomplaints@fmc.gov

The FMC states that when it receives sufficient information it will promptly initiate an investigation, which could ultimately result in a civil penalty and order for a refund of charges paid.

This process is separate from pursuing a legal case against violative charges, which shippers can still do by filing a formal or informal complaint with the FMC. A legal case can also result in reparations, including freight costs, unreasonable fees, and lost business and profits. Shippers can also still seek alternative dispute resolution services through the FMC or through a pre-complaint settlement with the carrier. For more information, please go tohttps://www.strtrade.com/trade-news-resources/str-trade-report/trade-report/july/shippers-can-seek-refunds-of-unfair-charges-with-new-tool?mkt_tok=NzIzLVdPWi00NDYAAAGGTMtsxCdd2-efOxW8dj-38dz6vnzLYDM5LuxnEoDh1ZtomZoag_NqF4rcUcY1-qjnNJm58yQ_OVTXSbIRSooMf1lS9WDEDBl6skuo41c