FMC Eyes IMO Net-Zero Framework as Possible Shipping-Act Investigation Target
FMC Chair DiBella signaled the Commission could use its Section 19 authority to probe the IMO's proposed maritime GHG levy, opening a new trade-policy front.
The IMO's proposed Net-Zero Framework would set mandatory GHG limits and emissions pricing across international shipping, with Tier 1 penalties of $100 and Tier 2 penalties of $380 per tonne of CO2 equivalent for non-compliant fleets. FMC Chairman DiBella has publicly questioned whether the resulting costs on U.S. cargo would be inflationary and whether the regime would displace existing systems like the EU ETS. She has gone further, suggesting the framework could itself become the subject of an FMC investigation. Under 46 U.S.C. §§ 42101-42109 and 46 C.F.R. Part 550, the FMC can probe foreign laws, regulations, or carrier practices that create conditions unfavorable to U.S. foreign commerce, with remedies ranging from fee equalization and sailing limits to per-voyage penalties up to $1 million and, in extreme cases, requests to deny port entry. Sophisticated shippers, carriers, and counsel should reassess tariff surcharges, service-contract allocation clauses, and exposure to retaliation against flag states, while tracking the IMO's London session, the November intersessional, and the December 4, 2026 resumed extraordinary session.