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Detention and demurrage

Demurrage is the time that filled containers spend inside a terminal when imported into the U.S. This is measured from the time they are offloaded from the vessel until the time they are picked up at the port. Detention is the time that containers spend outside the terminal. This is measured from the time between picking the containers up from the port and returning them to the port when they are empty. Demurrage and detention penalty charges will be incurred if an importer does not pick up the filled container or drop off the empty container in the time allotted by the port or carrier. The Federal Maritime Commission regulates detention and demurrage charges in the ocean environment.

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FMC: Most of Demurrage, Detention Billing Rule Remains in Effect Despite Court Ruling
September 25, 2025 |Other U.S.

The Federal Maritime Commission is reviewing a federal court decision issued this week that said the FMC’s 2024 demurrage and detention billing rule (see 2402230049) arbitrarily and capriciously exempted motor carriers from being assessed those fees (see 2509230039). "The Commission is reviewing the court's opinion and will take appropriate action going forward," a commission spokesperson said in a Sept. 24 email.

DC Circuit Strikes Down Part of FMC Rule on Demurrage, Detention Fees
September 24, 2025 by Jacob Kopnick|Litigation

The U.S. Court of Appeals for the D.C. Circuit on Sept. 23 set aside part of the Federal Maritime Commission's rule limiting the parties against whom "demurrage and detention" fees may be assessed. Judges Sri Srinivasan, Robert Wilkins and J. Michelle Childs held that the commission arbitrarily and capriciously exempted motor carriers from being assessed these fees, given the FMC's "stated rationale" to confine fees to parties who are in a "contractual relationship with the billing party."

Topics:Court of International Trade activity, Country of origin cases
Honey Importer Says CBP Unlawfully Detained Shipments for Over 1 Year Without Explanation
May 1, 2025 by Jacob Kopnick|Litigation

CBP unlawfully detained 11 shipments of honey from importer Tri State Honey and held the entries for "nearly a year without explanation or justification," the importer argued in an April 29 complaint at the Court of International Trade. Seeking at least $4 million in damages along with attorney's fees, Tri State Honey said CBP violated its "due process rights" by failing to disclose the reasons for the detention of its honey and the evidence as to the honey's country of origin (Tri State Honey v. United States, CIT # 25-00080).

Topics:Court of International Trade activity, Country of origin cases