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.

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