RULE: 21.1 - CONTAINER DETENTION & DEMURRAGE CHARGES (SAFE HARBOR) Eff: 19JUN2025
| Effective | 19JUN2025 |
|---|---|
| Filed | 19JUN2025 |
| Filing Codes | IC |
a. First Freight Carriers, LC is a non-vessel-operating common carrier
(NVOCC) (First Freight), and, does NOT provide any Carrier Owned or
Leased Container Equipment for the transportation of Cargo in the
foreign trades of the United States. However, Shippers or Consignees
utilizing the NVOCC Services of First Freight are reminded that, when
Cargo is tendered to First Freight, or delivered by First Freight, in or
on Containers or other Equipment that has been supplied by underlying
VOCCs or Equipment Leasing Companies, the use of such equipment may
result in Equipment Detention, Demurrage and/or Container Excess Dwell
Charges which are levied by the Underlying VOCC, Leasing Company and/or
Terminal Operator.
b. Unless First Freight is directly responsible for incurring such charges,
First Freight will only act as a collection agent on behalf of the
invoicing party, and, will pass such Detention, Demurrage and/or Dwell
Charges, as invoiced by the Underlying VOCC, leasing company or terminal
operator, to the Shipper or Consignes responsible for incurring such
charges. First Freight does not assume any responsiblity for
determining, calculating or verifying any detention and/or demurrage
charges that have been assessed, as such charges are determined solely
by the Underlying VOCC, Leasing Company or Marine Terminal Operator
based on the provisions in their Tariffs or contracts.
c. When invoicing for detention or demurrage charges VOCC's and/or their
agents are required to include the following thirteen (13) fields on all
invoices for detention and demurrage charges, deviation from which may
be subject to violation and penalties. These fields are:
(A) Date that container is made available.
(B) The port of discharge.
(C) The container number or numbers.
(D) For exported shipments, the earliest return date.
(E) The allowed free time in days.
(F) The start date of free time.
(G) The end date of free time.
(H) The applicable detention or demurrage rule on which the daily rate
is based.
(I) The applicable rate or rates per the applicable rule.
(J) The total amount due.
(K) The email, telephone number, or other appropriate contact
information for questions or requests for mitigation of fees.
(L) A statement that the charges are consistent with any of Federal
Maritime Commission rules with respect to detention and demurrage.
(M) A statement that the common carrier s performance did not cause or
contribute to the underlying invoiced charges.
If invoices for detention and demurrage provided by VOCCs and/or their
agents do not include the above information, the obligation to pay these
charges is eliminated for the charged party. (46 CFR Part 541).
d. First Freight is required to pass the VOCC's invoice for detention and
demurrage charges (or rebill same with copy of VOCC's documents) to the
appropriate party within thirty (30) days of receipt. If rebilling or
pass-through of the charges is NOT accomplished within the specified
time period, the obligation to pay these charges may be eliminated for
the charged party.
