Federal Maritime Commission Initiates Inquiry into Port Congestion Surcharges on Northern Border Corridors

WASHINGTON, DC — The Federal Maritime Commission (FMC) issued a formal investigatory order on Saturday afternoon, launching a direct inquiry into container detention and port congestion surcharges levied by major international ocean carriers along northern border logistics corridors.

Regulatory Authority and Carrier Surcharges

The inquiry follows complaints from agricultural exporters, automotive suppliers, and freight forwarders alleging that global shipping lines implemented sudden 'emergency congestion fees' of up to $1,500 per container for freight diverted through West Coast and Great Lakes ports amidst cross-border customs disputes.

The FMC will evaluate whether these fees violate the Ocean Shipping Reform Act (OSRA) of 2022, which requires demurrage and detention charges to serve reasonable commercial incentives to promote freight fluidity rather than punitive revenue extraction.

Impact on Exporters and Manufacturers

American manufacturers in the Midwest and Pacific Northwest reported that arbitrary carrier surcharges have inflated freight bills by hundreds of thousands of dollars, compounding supply chain friction caused by border tariff adjustments.

Agricultural trade groups, including the Agriculture Transportation Coalition (AgTC), urged the FMC to issue cease-and-desist orders and impose statutory civil penalties on carriers assessing unjustified freight surcharges.

Subpoena and Reporting Timelines

Ocean carriers have 21 days to submit billing data, container dwell-time records, and cost justifications to the FMC Bureau of Enforcement, with initial findings expected in October 2026.