Congestion at US West Coast ports is setting the stage for a new round of detention and demurrage (D&D) disputes. Industry sources say container backlogs and empty-return difficulties at Los Angeles and Long Beach could translate into a wave of disputed invoices within weeks, and a new tool is trying to help truckers fight improper charges by preserving evidence.
What Happened
According to foreign media reports, about 34,000 containers are waiting for rail at the ports of Los Angeles and Long Beach, while terminals struggle to clear backlogs and empty container returns face restrictions. Industry sources said congestion in October typically leads to invoices arriving in November.
The source noted that when delays result from terminal closures, unavailable appointments, holidays, or empty-return restrictions—circumstances beyond truckers' control—the rationale for imposing charges no longer applies. The US Federal Maritime Commission (FMC) has established that demurrage and detention fees are meant to incentivize cargo movement, not penalize operators for circumstances they cannot influence.
Nevertheless, many operators pay invoices rather than dispute them, either to avoid operational delays or because challenging relatively small amounts can be prohibitively expensive. For smaller drayage businesses, even small bills can threaten survival.
Background
D&D disputes have long centered on liability and evidence preservation. Truckers often struggle to prove they had no reasonable opportunity to pick up or return containers during the disputed period, and shipping lines' evidentiary requirements are becoming increasingly demanding—some require documentation of empty-return restrictions extending beyond the date of the disputed charge.
Against this backdrop, a platform has launched automated evidence collection and dispute tools covering terminals in Los Angeles, Long Beach, Oakland, and Seattle. It documents terminal conditions, appointment availability, and empty-return restrictions, and generates formal dispute letters. The platform also incorporates digital integrity verification to prove evidence has not been altered.
Impact on Shippers
For Chinese exporters and cross-border e-commerce sellers shipping to the US, West Coast congestion may have two effects: slower last-mile pickup and empty returns, which lengthens cargo turnaround time; and more D&D invoices that, if not handled promptly, could raise overall logistics costs.
On customs clearance and documentation, shippers should ensure consistency among bills of lading, container numbers, and empty-return records so they can support truckers or forwarders with evidence if disputes arise. If charges are passed on, sellers should verify invoice details and liability to avoid bearing costs not caused by their own actions.
Recommendations
Shippers are advised to confirm appointment and empty-return arrangements with forwarders and truckers in advance, allow more time for last-mile delivery, and request supporting materials such as terminal conditions and appointment records for any D&D charges incurred. Keep complete communication records. For frequent shippers, consider clarifying cost-sharing and dispute-handling mechanisms in contracts.