FMC EXTENDS STUDY OF NCBFAA/IANVOCC PETITION TO INVESTIGATE TSA
In a closed-door meeting Wednesday, the U.S. Federal Maritime Commission decided to extend its consideration of a petition filed by the National Customs Brokers and Forwarders Association of America and the International Association of NVOCCs to investigate alleged anticompetitive contracting practices of the Transpacific Stabilization Agreement.
The industry groups said TSA carrier members have refused to negotiate with intermediaries or shippers’ associations until after they have created their contacts with direct shippers. The industry groups said this results in higher rates for non-direct shippers. They also said the TSA’s actions violate the 1984 Shipping Act.
If the FMC decides to investigate the allegations, the NCBFAA and IANVOCC urge the agency to:
* Issue sanctions against TSA and its members under section 13 of the Shipping Act.
* Require TSA member lines to pay reparations pursuant to section 11(g) of the Shipping Act to those intermediaries who have been damaged.
* Seek appropriate “injective relief to enjoin further operation of TSA” via sections 6(g) and (h) of the shipping act.
The TSA and its counsel deny any wrongdoing, and question the soundness of the NCBFAA/IANVOCC petition.
The FMC encourages anyone with information or evidence relevant to the petition to send comments to the FMC’s Bureau of Enforcement in Washington by July 15.