Freight Pulse & Law Update - 19:00

Transpacific ocean rates are moving higher while Asia–Europe cools. At the same time, recent Federal Maritime Commission (FMC) and D.C. Circuit actions are tightening the rules around detention, surcharges, carrier coordination, and export access.

Market pulse: transpacific strength, European softness

Indicative spot rates now place Asia–U.S. East Coast freight near $9,400 per FEU, with the West Coast around $7,400 as resilient peak-season demand supports pricing. Public market updates similarly report East Coast rates near $9,000 and West Coast rates above $7,000.[Market update]

Asia–Europe has moved in the opposite direction. Some indexes show declines approaching 8%, while public snapshots report smaller weekly drops. Carriers are responding with blanked sailings and capacity controls. Airfreight is also rebounding, but fuel surcharges are raising the all-in cost of urgent replenishment.

Act now:

• Reprice landed cost by lane, mode, and surcharge.

• Protect East Coast capacity before peak-season space tightens further.

• Validate every rate against its index, effective date, and accessorial terms.

Legal pulse: freight fluidity is now the test

The D.C. Circuit upheld the FMC’s position that detention and demurrage must promote “freight fluidity.” Charges imposed when a shipper or trucker could not reasonably move or return equipment face heightened scrutiny.[FMC decision]

The court also upheld the OSRA framework for an “unreasonable refusal to deal or negotiate,” including the requirement that ocean carriers maintain an annual documented export policy. Meanwhile, the FMC narrowed the World Shipping Council’s agreement, limiting protected coordination to clearly defined operational matters: not broad legal, competition, or public-policy activity.[D.C. Circuit opinion]

Finally, carriers seeking surcharge implementation on less than 30 days’ notice must obtain FMC special permission. Recent war-risk and bunker surcharge requests were denied for insufficient cost-based justification.[FMC surcharge statement]

For supply chain management companies and shippers, document exceptions, preserve rate records, and monitor invoice timing. Lanta Logistics combines 3PL execution, 3PL Maryland and Mid-Atlantic fulfillment, a food-grade warehouse, and Hazmat certified 3PL capabilities from its Glen Burnie warehouse: while FlowOps by Lanta gives teams the logistics software visibility to manage the next move. Book a FlowOps demo.