House Passes Ocean Shipping Reform Act of 2021: Common Carriers and Marine Terminal Operators Remain Wary

The Shipping Act of 1984, as amended (the “Shipping Act”),[1] is the primary statutory vehicle by which liner shipping and marine terminals operating in the foreign commerce of the United States are regulated. The Shipping Act applies to key supply chain participants, including “marine terminal operators” (“MTOs”)[2] and “common carriers,”[3] and is administered and enforced by the Federal Maritime Commission (the “FMC” or the “Commission”).[4]

The activities and practices of common carriers and MTOs have been the focus of increased concern and regulatory scrutiny in the United States over the last several years for various reasons.

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