Trucker, Ocean Carrier Accused of Violating Shipping Act Through Improper Fees

Dependable Highway Express charged an importer detention and demurrage on behalf of Mediterranean Shipping Co. after the ocean carrier had waived the charge, importer ICL USA said in a complaint to the Federal Maritime Commission. DHE also assessed ICL a 10% surcharge on the fees, in violation of its contractual role as a trucker.

The complaint, filed with the FMC Jan. 12, said California-based DHE should have known that MSC had waived the more than $45,000 detention and demurrage charge. New York-based ICL accused both DHE and MSC of violating the Shipping Act, DHE for improperly charging a 10% surcharge and MSC for failing to refund DHE for charges that had been waived, the complaint said.

The dispute stemmed from a contract in which ICL arranged to ship cargo with MSC and other common carriers from Asia to the U.S. from September 2021 to March and April 2022. ICL also contracted DHE to pick up the container loads from the Port of Los Angeles and the Port of Long Beach and deliver them to ICL's facilities to be emptied and to pick up the empty containers and return them to the ports.

DHE sued ICL and related companies in the Central District of California in September alleging that ICL was liable for an outstanding balance of over $195,000, the complaint said. ICL claims that of that amount $96,820 was waived by MSC. ICL said that the amount of per diem that was owed initially was $45,565, which was part of the amount waived by MSC.

But ICL said not only is the amount of owed per diem incorrect, MSC also waived the wrong amount as part of a process initiated by ICL within BlueCargo, a software that keeps track of terminal activities, including appointment availabilities.

ICL said DHE charged it for per diem fees MSC had waived. DHE acted like a common carrier or a marine terminal operator, "while not qualified to do so," when it wrongly charged a 10% surcharge for the demurrage and detention fees, the complaint said. That surcharge totaled $14,238.50, the same amount MSC waived, the complaint said.

This was in violation of the Shipping Act because, by imposing a surcharge, DHE "was no longer acting pursuant to the rules as a motor carrier which tariff requires advancing the payment of the per diem before applying the 10% charge," the complaint said. Instead, DHE was indirectly working as a "person in conjunction" with MSC in ways that were inconsistent with MSC's "rates, charges, classifications, rules and practices contained in MSC’s published tariffs," the complaint said.

The complaint is asking MSC to refund DHE about $45,565, since neither party owes that amount after the fees were waived. ICL also is asking for an order that would make DHE stop asking for the 10% surcharge.

Neither DHE nor MSC responded to our requests for comment.