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The Federal Maritime Commission recently denied nearly every carrier request to fast-track emergency war surcharges within their tariffs—a dramatic shift from just two years ago. This marks a turning point in maritime regulation with significant implications for shippers.

In a detailed analysis published in Law360, our transportation and supply chain team breaks down:

  • How the FMC’s new commissioner-level review process for fast-tracking tariff publication changed the whole process
  • Why record-breaking million dollar plus enforcement actions signal stricter oversight
  • What unreasonable “refusal to deal” implications mean for carriers conditioning service on unpublished charges
  • Practical steps shippers should take to scrutinize every surcharge and fee

Read the full article: “What FMC’s Rejection Of War Surcharges Means For Shipping” published in Law360 (April 16, 2026)

Bottom line: The FMC has made clear that tariff compliance is non-negotiable, and shippers now have a stronger regulatory framework to challenge unlawful charges. If you’re paying ocean freight surcharges, this analysis is essential reading.

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Photo of Julie Maurer Julie Maurer

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator…

With a career-long emphasis on supply chain and complex commercial litigation issues, Julie provides a full suite of legal services to clients, with a special focus upon the transportation, cargo, and logistics industries. With 20+ years as a transportation logistics attorney and litigator, Julie handles all legal matters for transportation/transportation-adjacent companies, including contract drafting and analysis, day-to-day legal consultations, regulatory advice, and complex litigation, often involving lost, damaged, or delayed cargo.

Photo of Benjamin Nashed Benjamin Nashed

After nearly a decade in the federal government, Benjamin guides clients through the complexities of ocean law and maritime regulations. Benjamin helps shippers, carriers, brokers, truckers, and intermediaries understand and navigate the complex federal regulations governing transportation, ocean shipping, and maritime commerce. He

After nearly a decade in the federal government, Benjamin guides clients through the complexities of ocean law and maritime regulations. Benjamin helps shippers, carriers, brokers, truckers, and intermediaries understand and navigate the complex federal regulations governing transportation, ocean shipping, and maritime commerce. He advises on regulatory compliance, negotiates shipping contracts, and provides practical guidance for day-to-day legal questions. As a member of the firm’s Ocean Law team, Benjamin has a strong command of the Ocean Shipping Reform Act and other laws and regulations, with a particular focus on the many regulatory changes enacted in the 2010s and 20s.

Photo of Serena Tang Serena Tang

Serena represents clients across the transportation and international trade sectors. Her practice spans maritime law, international trade law, and broader transportation issues.