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US Court of Appeals to hear Evergreen detention case against FMC
来源：shippingazette 编辑：编辑部 发布：2023/09/01 16:55:22
EVERGREEN Shipping Line is taking its case to the US Court of Appeals for the District of Columbia Circuit, aiming to reverse a ruling made by the Federal Maritime Commission (FMC), reports New York's Journal of Commerce.
The FMC had deemed that Evergreen's imposition of detention charges on a drayage provider at the Port of Savannah over the 2020 Memorial Day weekend was inappropriate.
This legal battle began when drayage provider TCW filed a small claims dispute against Evergreen in 2021, contesting the $510 detention fees levied during the closed weekend.
Scheduled for October 20, the appeals court will hear oral arguments.
The FMC's December 2022 decision, upheld with a 4-1 vote, supported TCW's stance, emphasizing that detention charges shouldn't apply on weekends or holidays when terminals are closed.
However, Evergreen has contested this ruling.
In its appeal filed on June 2, Evergreen asserted that the decision undermined the incentive principle by disregarding key factors. These factors include TCW's awareness of the terminal's closure, the container's pre-existing detention period, and TCW's reimbursement for per diem charges by its customer.
Furthermore, Evergreen contended that the FMC's decision created a problematic legal standard concerning detention charges prior to the agency's completion of the rulemaking process on the matter.
The FMC is aiming to finalize its rulemaking during the early part of this fall.
While Evergreen declined to comment, the FMC refrained from commenting on the ongoing appeal.
The FMC had deemed that Evergreen's imposition of detention charges on a drayage provider at the Port of Savannah over the 2020 Memorial Day weekend was inappropriate.
This legal battle began when drayage provider TCW filed a small claims dispute against Evergreen in 2021, contesting the $510 detention fees levied during the closed weekend.
Scheduled for October 20, the appeals court will hear oral arguments.
The FMC's December 2022 decision, upheld with a 4-1 vote, supported TCW's stance, emphasizing that detention charges shouldn't apply on weekends or holidays when terminals are closed.
However, Evergreen has contested this ruling.
In its appeal filed on June 2, Evergreen asserted that the decision undermined the incentive principle by disregarding key factors. These factors include TCW's awareness of the terminal's closure, the container's pre-existing detention period, and TCW's reimbursement for per diem charges by its customer.
Furthermore, Evergreen contended that the FMC's decision created a problematic legal standard concerning detention charges prior to the agency's completion of the rulemaking process on the matter.
The FMC is aiming to finalize its rulemaking during the early part of this fall.
While Evergreen declined to comment, the FMC refrained from commenting on the ongoing appeal.