FMC seeking input on refusal to deal rule

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The Federal Maritime Commission is seeking input to a Notice of Proposed Rulemaking (NPRM) as required under the new Ocean Shipping Reform Act of 2022 (OSRA) to define unreasonable refusal to deal or negotiate with respect to vessel space accommodation provided by an ocean common carrier. The NPRM outlines the elements which would be necessary to establish a violation and the criteria the Commission would consider in assessing reasonableness if the NPRM is finalized. It would also shift the burden of proving the refusal to deal was reasonable from shippers to ocean common carriers. The NPRM would apply to both import and export shipments.

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