News / US haulier seeks damages over CMA CGM's 'capricious' D&D charges

© Marie Dolphin

Access One Transport, a Californian haulier, is the latest to file complaints with the US FMC about box line detention and demurrage (D&D) charges.

Access One is claiming some $77,000, plus damages, from CMA CGM, alleging violations of the Shipping Act between April 2021 and June 2022.

The haulier picks up full imported ocean containers from, and returns empty containers to, CMA terminals across Long Beach and Los Angeles. However, it alleges tha,t during the pandemic, CMA would designate a terminal for the return of empties, but either there were no appointments available, or there were restrictions on the numbers of empties that could be returned. Access One was then forced to store the containers itself, incurring charges after the four business days of free return time.

“Because Access One was required to hold onto empty containers, and their corresponding chassis, for multiple days, storage was incurred and chassis charges were assessed. Also, because containers could not be directly returned to CMA, additional stop-off and re-delivery charges were assessed,” noted the claim.

“CMA has charged detention in an unreasonable, arbitrary and capricious manner.”

Not only did Access receive invoices from CMA, but it was also charged by third-party chassis providers and accrued storage and redelivery charges related to the CMA containers.

“Instead of adequately allowing for opportunities to return empty containers, CMA involuntarily forced Access One to act as a storage facility for CMA empty containers without compensation.”

Access One last week filed a similar, if much smaller, claim against Zim, for charges on five containers over a four-day period in May 2022.

Manwhile, another small claim was made against CMA CGM last week, by a shipper claiming the line failed to verify the numbers on the bill of ladings, causing the cargo of two vehicles to be returned to Long Beach from their final destination in Egypt. It’s a long tale of woe, ultimately calling for two CMA invoices to be refunded, and a request that the FMC “further investigates CMA business practice, and take proper action against their business licence”.