FMC Enforces Adherence to Tariff

The Federal Maritime Commission (FMC) issued a Report and Order adopting in part and vacating in part the Initial Decision of an ALJ regarding instances of a Non-Vessel-Operating Common Carrier (NVOCC) obtaining ocean transportation of property at rates different from its published tariff. The ALJ found the violation to have been committed and, among other things, ordered that the 'shell' tariff of the NVOCC be suspended and ordered the NVOCC to publish a reasonable tariff. The Commission held that the FMC has no authority to judge the reasonableness of a published tariff. Its authority extends to ensuring that the rates charged adhere to the published tariff. Source: HK Law