FMC Welcomes Commissioner Robert J. Harvey
The U.S. Federal Maritime Commission (FMC) welcomed new Commissioner Robert J. Harvey of Florida. Commissioner Harvey was sworn in as a Commissioner on June 3, 2026 for a term expiring on June 30, 2029.
Prior to joining the Commission, Commissioner Harvey served as General Counsel for Enterprise Florida, Inc. He also served as Executive Director for both the Florida Opportunity Fund, Inc. and the Florida Development Finance Corporation. Previously, Commissioner Harvey was a founding partner of the law firm Jenks & Harvey LLP in West Palm Beach, specializing in securities litigation, arbitration, and regulation. Commissioner Harvey began his career with the United States Navy, where he served on active duty from 1987 to 1990 as a Navy Judge Advocate and Special Assistant U.S. Attorney.
With the swearing in of Commissioner Harvey, the FMC has all five Commissioner positions filled. This is the first time the FMC has had all positions filled since December 2024.
FMC Collects $1,900,000 Civil Penalty Payment From Maersk
The U.S. Federal Maritime Commission (FMC) announced a compromise agreement with Maersk A/S recovering $1,900,000 in civil penalties in May 2026.
The compromise agreement resolved allegations that Maersk violated the Shipping Act and the FMC’s regulations. Specifically, the FMC alleged that Maersk wrongly assessed detention charges against third parties. These third parties had not consented to be bound by the terms of Maersk’s bills of lading, service contracts, or tariffs. In compromise of these allegations, Maersk agreed to terminate this practice. Additionally, Maersk agreed to issue refunds and waivers to impacted third parties.
Maersk did not admit to violations of the Shipping Act or Commission regulations as part of this compromise agreement.
The $1,900,000 penalty payment will be deposited into the U.S. General Fund of the United States. The FMC receives no portion of these payments.
The FMC regularly investigates potential violations of the Shipping Act and Commission regulations and negotiates settlements and informal compromises of civil penalties in relation to those potential violations.
FMC Receives Two New Formal Complaints
The U.S. Federal Maritime Commission (FMC) received two new formal complaints in May 2026 alleging violations of the U.S. Shipping Act and FMC regulations.
Unreasonable Demurrage Practices – FMC Docket No. 26-07: Down Quark Systems, LLC and SunnySide Digital, Inc., filed a formal complaint against Zim American Integrated Shipping Services Co., LLC; Zim Integrated Shipping Services, Ltd.; and Port of Houston Authority of Harris County, Texas. Down Quark and SunnySide allege that Zim and the Port of Houston violated the U.S. Shipping Act by billing demurrage and dwell fees that did not comply with FMC’s demurrage and detention regulations.
Down Quark provides various hardware and equipment to end-use customers for use in bitcoin mining and other cryptocurrency related data center applications. SunnySide was the importer of record for the shipments at issue.
Specifically, Down Quark alleges that in February 2025 it arranged to move 147 specialized shipper-owned containers from Shanghai, China to the Bayport Container Terminal in Houston via Zim. These custom designed containers were made specifically for bitcoin mining. All containers arrived on April 17, 2025, but U.S. Customs and Border Patrol (CBP) issued a formal detention notice for all containers shortly thereafter. Down Quark engaged with CBP over the next several months to resolve valuation issues. CBP eventually found the goods were misclassified, however the revised classification resulted in a lower duty rate. CBP also required Down Quark to increase their continuous customs bond to $4 million. Down Quark was finally able to move the containers in late September 2025.
Despite the CBP hold, which prevented Down Quark from removing the containers from the terminal, Down Quark paid dwell fees and demurrage. Specifically Down Quark paid Port of Houston $917,458.74 in dwell fees and paid Zim $5,880 in demurrage fees. Zim also later issued demurrage invoices totaling $7,050,260. Shortly thereafter, Zim separately sought recovery of an additional $708,153 in terminal storage charges in federal court. Down Quark alleges these fees do not comply with FMC’s incentive principle. The FMC’s incentive principle requires that detention and demurrage fees incentivize the movement of cargo. Down Quark also alleges that these fees do not comply with FMC’s detention and demurrage invoicing regulations. Moreover, Down Quark claims that Zim’s published demurrage rules do not apply to shipper-owned containers.
Down Quark and SunnySide request the Commission to find that Zim and Port of Houston acted in violation of the Shipping Act and Commission regulations, to find that Zim failed to keep an open tariff showing applicable rates and rules, and to find that Zim retaliated against Down Quark by filing suit in federal court. Down Quark and SunnySide further request the FMC provide attorney’s fees and costs, as well as any other further relief that the FMC deems appropriate.
Unreasonable Demurrage Practices – FMC Docket No. 26-06: Samsung Electronics America, Inc. filed a formal complaint against Wan Hai Lines, Ltd. alleging various violations of the U.S. Shipping Act.
Specifically, Samsung alleges that starting in 2021 Wan Hai regularly failed to perform its obligations for inland transportation. These failures resulted in excessive demurrage, detention, and additional charges which Wan Hai billed to Samsung even though Wan Hai was responsible for the inland delivery. Samsung further alleges that Wan Hai issued inaccurate detention and demurrage invoices and had inadequate dispute resolution protocols.
As a result of Wan Hai’s actions, Samsung alleges they were forced to pay excessive and unlawful charges. Samsung claims these charges total approximately $1.2 million. Additionally, Samsung alleges Wan Hai’s actions resulted in lost revenue and additional expenses incurred to mitigate Wan Hai’s failures.
Samsung requests the Commission to order Wan Hai to pay reparations for their unlawful conduct, pay any other amounts the FMC deems appropriate, cease and desist from the unlawful conduct, and to provide any other relief the Commission deems proper.
For more details visit the FMC’s online reading room. The FMC’s reading room provides access to FMC dockets, related documents, notices, and orders.
Transpacific Westbound Carriers Update Fuel Surcharges Effective July 1, 2026
Several carriers serving the USA/East Asia trade lanes (U.S. Exports) have adjusted their fuel surcharges for the July to September 2026 quarter. Here is a table of carriers that have posted BAF amounts:
| TRANSPACIFIC WESTBOUND (USA to Asia) | ||||
|---|---|---|---|---|
| BUNKER ADJUSTMENT FACTOR (BAF), July – September 2026, in USD, per 40ft ctr, except as noted below | ||||
| Carrier | Dry Cargo | Reefer Cargo | ||
| From US Atlantic/Gulf Coast Ports | From US Pacific Coast Ports | From US Atlantic/Gulf Coast Ports | From US Pacific Coast Ports | |
| CMA CGM (see notes 1, 8) | 130 | 66 | 180 | 116 |
| COSCO (see note 2) | 283 | 181 | 425 | 272 |
| Evergreen (see note 8) | 131 | 126 | 693 | 483 |
| HMM (see note 3) | 248 | 378 | 2078 | 1282 |
| ONE (see notes 4, 8) | 468 | 324 | 830 | 512 |
| OOCL (see notes 5, 9) | 162 | 158 | 243 | 237 |
| Yang Ming (see notes 6, 8) | 580 | 348 | 1216 | 664 |
| ZIM (see note 7) | 135 | 100 | 202 | 150 |
NOTE 1: CMA CGM calls the above Bunker surcharge the Bunker Adjustment Factor Surcharge (BAF-03), tariff Rule No. 010.4. Low Sulphur Surcharge IMO2020 (LSS20) is not applicable at this time.
NOTE 2: COSCO calls the above surcharge the Bunker Surcharge (BUC), tariff Rule No. 010-001.
NOTE 3: HMM calls the above charge the Bunker Surcharge (BUC) Rule No. 10-02A, effective since April 1, 2026.
HMM also filed in its FMC tariff Rule 2-79, Emergency Fuel Charge (EFL), effective July 1, 2026. The EFL amounts are USD 105/210/210 per 20/40/40HC dry container, and USD 137/273/273 per 20/40/40HC/45ft reefer container, respectively, for destination US Pacific Coast Ports; and USD 170/340/340 per 20/40/40HC dry container, and USD 221/442/442 per 20/40/40HC reefer container, respectively, for destination US Atlantic Ports/US Gulf Coast Ports/RIPI/IPI.
HMM also filed in its FMC tariff Rule 10-02F, Environmental Compliance Charge (ECC), effective since April 1, 2026. The ECC amounts are USD 32/63/63/63 per 20/40/40HC/45ft, respectively, for dry cargo moving via West Coast; and USD 12/24/24/24 per 20/40/40HC/45ft, respectively, for dry cargo moving via East Coast, Gulf.
NOTE 4: ONE calls the above surcharge the ONE Bunker Surcharge (OBS). Any reference to Bunker Adjustment Factor (BAF) or Fuel Adjustment Factor (FAF) within a duly filed service contract shall be construed as referencing the same surcharge as ONE Bunker Surcharge (OBS) as detailed within Tariff Rule No. 102.001, whether as an exception or as a reference to this charge.
NOTE 5: OOCL calls the above surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge are already applied or included in the base rate. The above Bunker is effective 01Jun2026.
NOTE 6: Yang Ming calls the above surcharge the New Bunker Charge, Tariff Rule No. 10-AH.
NOTE 7: ZIM calls the above surcharge the New Bunker Factor – Far East (NBF), Tariff Rule No. 010-NB. The above Bunker amounts have been effective since 01May2026.
NOTE 8: Subject to Low Sulphur Fuel Charge (LSF or LSS).
NOTE 9: Updated on a monthly basis.
Each carrier maintains its own tariffs and controls its own pricing.
Transpacific Eastbound Carriers Adjust Fuel Surcharges Effective July 1, 2026
Several carriers serving the East Asia/USA trade lanes (U.S. Imports) have adjusted fuel surcharges effective July 1 through September 30, 2026. Details are as follows.
| TRANSPACIFIC EASTBOUND (Asia to USA) | ||||||
|---|---|---|---|---|---|---|
| BUNKER ADJUSTMENT FACTOR (BAF), July – September 2026, in USD, per 40ft ctr, except as noted below | ||||||
| Carrier | To US Atlantic/Gulf Coast Ports | To US Pacific Coast Ports | To IPI/MLB via US Pacific Coast | |||
| Dry | Reefer | Dry | Reefer | Dry | Reefer | |
| CMA CGM (see notes 1, 7) | 1415 | 1698 | 819 | 982 | 819 | 982 |
| COSCO (see note 2) | 1607 | 2712 | 1011 | 1706 | 1011 | 1706 |
| Evergreen (see note 7) | 1039 | 1485 | 608 | 942 | 608 | 942 |
| HMM (see notes 3, 8) | 1660 | 1007 | 1582 | |||
| ONE (see notes 4, 7) | 794 | 1152 | 554 | 738 | 1360 | 1544 |
| OOCL (see notes 5, 8) | 1581 | 2668 | 862 | 1455 | 1424 | 2403 |
| Yang Ming (see note 7) | 1216 | 1750 | 664 | 956 | 664 | 956 |
| ZIM (see notes 6, 7, 8) | 1346 | 2020 | 1000 | 1500 | 1000 | 1500 |
NOTE 1: CMA CGM calls the above surcharge the Bunker Adjustment Factor Surcharge (BAF03), Tariff Rule No. 010.08. Low Sulphur Surcharge IMO2020 (LSS20) is not applicable at this time.
NOTE 2: COSCO calls the above surcharge the Bunker Charge (BUC), Tariff Rule No. 010-003.
NOTE 3: HMM calls the above charge the Bunker Charge, tariff Rule 2-63. H
HMM also filed in its FMC tariff Rule 2-89, Emergency Fuel Charge (EFL), effective July 1, 2026. The EFL amounts are USD 210/420/420/420 per 20/40/40HC/45ft dry container, and USD 273/546/546/546 per 20/40/40HC/45ft reefer container, respectively, for destination USWC/USWC Local; and USD 340/680/680/680 per 20/40/40HC/45ft dry container, and USD 442/884/884/884 per 20/40/40HC/45ft reefer container, respectively, for destination USEC (all water)/USGC/RIPI/IPI/MLB.
HMM also filed in its FMC tariff Rule 2-95, Environmental Compliance Charge (ECC), effective July 1, 2026. The ECC amounts are USD 601/668/751/845 per 20/40/40HC/45ft, respectively, for destination USWC/USWC Local/IPI/MLB; and USD 865/961/1081/1216 per 20/40/40HC/45ft, respectively, for destination USEC (all water)/USGC/RIPI.
NOTE 4: ONE calls the above surcharge the ONE Bunker Surcharge (OBS). Any reference to Bunker Adjustment Factor (BAF) or Fuel Adjustment Factor (FAF) within a duly filed service contract shall be construed as referencing the same surcharge as ONE Bunker Surcharge (OBS) as detailed within Tariff Rule No. 102.001, whether as an exception or as a reference to this charge.
NOTE 5: OOCL calls the above surcharge the Fuel Cost Recovery Charge (T-62). The Fuel Cost Recovery Charge will not apply to shipments when Bunker Surcharge and/or Low Sulphur Fuel Surcharge and/or Low Sulphur Adjustment Charge are already applied or included in the base rate. The above bunker is effective 01Jun2026.
NOTE 6: ZIM calls the above surcharge the New Bunker Factor – Far East (NBF), Tariff Rule No. 010-NB. Service contract cargoes subject to Carrier’s published BAF and/or EBS shall not be subject to NBF. The above Bunker amounts have been effective since 01May2026.
NOTE 7: Subject to Low Sulphur Fuel Charge (LSF or LSS).
NOTE 8: Updated on a monthly basis.
Each carrier maintains its own tariffs and controls its own pricing.
Transpacific Eastbound Carriers File GRIs Effective June 15, 2026, and July 1, 2026
Several leading carriers serving the Transpacific container trades have recently updated their respective tariffs to include new General Rate Increases (GRIs) effective June 15, 2026, including CMA CGM, COSCO, Evergreen, Hapag Lloyd, HMM Company Limited, Yang Ming, and ZIM. See table below for GRI amounts per 40ft container; GRI amounts for all other container sizes are as per formula. The June 15th GRIs will be the twelfth GRI of 2026 for the East Asia/USA trade lane.
| TRANSPACIFIC EASTBOUND (Asia to USA) | |
|---|---|
| GENERAL RATE INCREASE (GRI) Effective June 15, 2026 | |
| Carrier | in USD, per 40ft ctr |
| CMA CGM | 2000 |
| COSCO (note 1) | 3000 |
| Evergreen (note 2) | 3000 |
| Hapag Lloyd | 3000 |
| HMM | 3000 |
| Yang Ming | 2000 |
| ZIM | 2000 |
NOTE 1: COSCO GRIs apply on all cargo moving under service contracts only.
NOTE 2: Evergreen GRIs will be USD 3000 per 40ft container for dry cargo, and USD 3000 per reefer container. GRI amounts for all other container sizes are as per formula.
Some carriers also updated their tariffs to include new General Rate Increases (GRIs) effective July 1, 2026, including CMA CGM, COSCO, Evergreen, Hapag Lloyd, HMM Company Limited, Yang Ming, and ZIM. See table below for GRI amounts per 40ft container; GRI amounts for all other container sizes are as per formula. The July 1st GRIs will be the thirteenth GRI of 2026 for the East Asia/USA trade lane.
| TRANSPACIFIC EASTBOUND (Asia to USA) | |
|---|---|
| GENERAL RATE INCREASE (GRI) Effective July 1, 2026 | |
| Carrier | in USD, per 40ft ctr |
| CMA CGM | 2000 |
| COSCO (note 1) | 3000 |
| Evergreen (note 2) | 3000 |
| Hapag Lloyd | 3000 |
| HMM | 3000 |
| Yang Ming | 2000 |
| Zim | 2000 |
NOTE 1: COSCO GRIs apply on all cargo moving under service contracts only.
NOTE 2: Evergreen GRIs will be USD 3000 per 40ft container for dry cargo, and USD 3000 per reefer container. GRI amounts for all other container sizes are as per formula.
Each carrier maintains its own tariffs and controls its own pricing.
The information contained herein is obtained from reliable sources. It is subject to change at any time, however, depending on changes in laws and regulations. While we continually attempt to monitor this information, we do not guarantee its accuracy and are not responsible for any damages suffered by any party in reliance on it.