The Federal Maritime Commission's (FMC) October 27 meeting showed an agency with a full docket and a sharpening enforcement focus. Briefings from enforcement, dispute resolution, and the Office of the General Counsel covered new investigative tools, rising complaint volumes, active rulemakings, and litigation in three federal circuits.

Two items deserve immediate attention from forwarders and importers. First, foreign entities are impersonating US licensed forwarders to move cargo into the United States. Second, demurrage and detention claims relating to cargo stuck in customs holds/inspection processes have become one of the largest sources of disputes at the agency, and the law gives cargo interests real leverage to fight those charges.

Warning: Foreign Forwarders Are Impersonating US Licensed OTIs

John Cruz of the Bureau of Enforcement, Investigations, and Compliance (BEIC) flagged a growing trend on US import trades. Foreign-based entities are assuming the identity of US based companies and using their FMC license numbers and available information from state corporate filings to move cargo into the United States. BEIC has briefed the Chairman and its front-line investigators, and the issue is under active review.

While these foreign entities could simply register with the FMC as foreign Non-Vessel-Operating Common Carriers (NVOCCs), they have chosen to impersonate US-based NVOs. Staff noted the considerable effort going into the impersonation, and the Commission signaled it has notified US Customs and Border Protection (CBP) of the problem. Commissioner Maffei also raised the concern that cargo moving under a borrowed identity could become a channel for illicit shipments — an issue the FMC said it continues to monitor closely, in conjunction with CBP.

The Commissioners were clear that they want bad actors in the Ocean Transportation Intermediaries (OTI) space pursued and want the industry to know it. For a US licensee, the risk is concrete. Your name and license number on someone else's shipments can draw shipper claims, carrier and CBP inquiries, and reputational harm for cargo you never handled.

Steps to protect your license:

• Watch for red flags, such as arrival notices, invoices, claims, or customer inquiries about shipments you did not handle.
• Confirm your FMC license listing and contact details are current, so shippers and carriers can verify who they are dealing with.
• Tighten agency agreements to prohibit unauthorized use of your name, license number, and bill of lading forms.
• Document suspected impersonation and report it to BEIC promptly. Consider notifying CBP as well.

Demurrage while Containers are under Customs Holds Are Driving Demurrage and Detention Disputes

The Office of Consumer Affairs and Dispute Resolution Services (CADRS) identified demurrage and detention (D&D) during government holds as a top trend of the past 12 months. Staff attributed part of the increase to stepped-up CBP enforcement. The figures show how fast the agency's dispute caseload is growing.

CADRS metric	Figure reported
Ombudsman cases, change over 1 year	Up 20%
Ombudsman cases, change over 2 years	Up 80%
Household goods cases	Up 150%
Unlicensed OTI activity cases	Up 80%
Charge complaints currently open	61
Charge complaints involving D&D	52

The D&D charge complaints cover a range of issues, including a lack of terminal appointments, customs holds/inspections, invoices missing required elements, and tariff violations. CBP recently gave CADRS a one-on-one briefing on customs holds, and the two agencies are planning a joint webinar. Staff stressed that mediation is already available under existing FMC rules and encouraged the industry to use it.

How to Challenge D&D Charges on Held Cargo

Importers and forwarders billed for D&D on cargo they could not pick up because of a government hold have strong tools. Most importantly, once a charge complaint is filed, the ocean carrier must affirmatively prove its charges were reasonable based on the burden-shifting provided by Congress in Ocean Shipping Reform Act of 2022 (OSRA 22).

The incentive principle. Under the FMC's interpretive rule at 46 C.F.R. § 545.5, the Commission judges D&D reasonableness by whether the charges serve their purpose of keeping cargo and equipment moving. A charge cannot motivate an importer to retrieve a container that CBP will not release. The rule specifically addresses government inspections and directs the Commission to consider whether charges are serving their intended purpose and whether they were mitigated. The analysis is fact-specific, so the FMC will review the diligence of the cargo interest in resolving the hold and inadequacies or deficiencies in the filings may be viewed differently from an exam outside its control.

The carrier's burden of proof. OSRA 22 created the charge complaint process at 46 U.S.C. § 41310. When a charge complaint is filed, the ocean common carrier bears the burden of establishing that its D&D charges are reasonable. If the Commission finds a charge unreasonable, the carrier must refund it or waive it and may face a civil penalty. 

A practical playbook for held cargo:

1. Audit the invoice. The FMC's D&D billing rule at 46 C.F.R. Part 541 requires specific information on every invoice and sets deadlines for issuing and disputing it. If a required element is missing, the billed party is not obligated to pay. Missing invoice elements are already one of the leading issues in CADRS charge complaints.
2. Build the hold record. Gather CBP hold notices, exam dates, release dates, terminal appointment availability, the carrier's tariff and free time terms, and all communications with the carrier, terminal, and CBP.
3. Dispute in writing, on time. Request a waiver, refund, or mitigation within the dispute window under the billing rule. Tie the request to the incentive principle and attach the hold record.
4. File a charge or FMC complaint. If the carrier refuses, file a complaint. 

Importantly, a recent Commission rulemaking issued September 1, 2026 confirmed that “[t]here is no statute of limitations for a Charge Complaint” under §41310 (provided the D&D charges were issued post-enactment of OSRA 22).  See 91 Fed. Reg. 56053, 56055-56 (Sept. 1, 2026) (enacting 46 C.F.R. §502.62(4)(iii)). As such, the charge complaint process can be a powerful tool for shippers seeking to challenge D&D charges, regardless of potential practical/commercial delays that may intervene and prevent immediate pursuit of litigation at the FMC. 

What Else Is on the FMC's Plate

A more structured enforcement process. BEIC is using AI tools, investigation checklists, and standardized case memos covering the facts, the evidence, anticipated defenses, and recommended penalties. The Commissioners urged staff to target the most serious violators and harm to shippers, with the goal of greater deterrence.

Office of the General Counsel (OGC) priorities.

• OGC is increasing enforcement on VOCC documented export policies—ensuring compliance with this new requirement under the unreasonable refusal to deal regulations. Controlled carriers that refuse to file face statutory penalties that compound daily, and OGC signaled it will pursue knowing and willful violations.
• OGC is scrutinizing Form 150 submissions, which are often filed with minimal information. OGC highlighted that an inadequate Form 150 can lead to rejection of an agreement.
• The chassis investigation is under internal review.
• Staff is monitoring alliances, blank sailings, and carrier D&D practices through its VOCC audit program, and has issued a call for papers for a D&D research symposium.

OGC noted that the three-year limitations period applies to reparations claims, while actions not seeking a money award are not subject to a statute of limitations.

International. The Commission is receiving comments on the Spain investigation and tracking global chokepoints, flagging practices, Canadian ballast water rules, and the Panama Canal. The Commissioners noted that the U.S. is the largest user of the Panama Canal and that the water levels continue to be a large issue. They were focused especially on whether the Panama Canal's slot auction process is discriminatory against US users.

The Bottom Line

The FMC is active on every front, from enforcement and complaints to rulemaking and litigation, and it is focused on harm to the shipping public. Forwarders should protect their licenses against misuse by foreign impersonators. Importers and forwarders should seek refunds or waivers D&D on held cargo while testing the invoice and the charge against the incentive principle. When a carrier will not budge, a charge complaint puts the burden on the carrier to prove its charges were reasonable.