Breaking News from Ocean Audit Inc.
A small obscure legal test case with a five hundred dollar payout may change a crucial pillar of container shipping forever. This case flew under everyone’s radar, yet, has the potential to redistribute millions of per diem fees back to beneficial cargo owners. Don't expect it voluntarily. If you want your fair share, get on my per diem refund waiting list. If you have accrued more than $100,000 in per diem expense over the past 3 years, this may an important conversation for you.
Claimant, TCW, Inc. has proven its claim that Respondents Evergreen Shipping Agency
(America) Corporation and Evergreen Line Joint Service Agreement’s imposition of per diem
charges on days when Claimant could not return equipment to the port because the port was
closed, constitutes a violation of 46 U.S.C. § 41102(c). Accordingly, reparations in the amount of
$510.00 plus interest are granted to Claimant for its payment of the per diem charges to
Respondents on the days in question. Claimant paid the per diem charges on June 6, 2020,
therefore, interest on the reparations award will be calculated from June 6, 2020, when this
decision becomes administratively final. In addition, Respondents are ordered absent extenuating
circumstances, to cease and desist from imposing per diem charges when imposition of per diem charges does not serve its incentivizing purposes, such as when empty equipment cannot be returned on weekends, holidays, and port closures. Finally, Claimant’s request that Respondents be ordered to invoice per diem charges directly to beneficial cargo owners is denied.
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