FMC Spain port denials: vessel fee and import limits
FMC NPRM on Spanish port denials of U.S.-flag vessels. Proposed fee, covered-goods chapters, enforcement mechanics, comment deadline, and a short duty note.
The Federal Maritime Commission published a notice of proposed rulemaking on unfavorable shipping conditions tied to Spanish port denials of U.S.-flag vessels (91 FR 65515-65521; FR Doc. 2026-21067; Docket No. 26-14; FMC-2026-0463), published October 15, 2026. Proposed new 46 CFR 551.2. Comments are due on or before December 14, 2026. Nothing in this notice is in effect yet.
Proposal only: a $200,000 per-voyage fee on Spanish vessels entering U.S. ports, plus possible limits on Spanish exports in HTS chapters 15, 17, 33, 68, and 69. Comments close December 14, 2026.
What FMC proposes
FMC says it proposes to meet or adjust unfavorable shipping conditions created by the Government of Spain under 46 U.S.C. 42101 (Chapter 421) and 46 U.S.C. 41108(d) with Chapter 423 remedies (including 42304 and 42305). The notice also offers Spain an opportunity to request a hearing under 41108(d). Proposed remedies:
- Vessel fee: $200,000 each time a Spanish vessel (registered under the Spanish flag, documented or registered under the laws of Spain) enters any U.S. port from any foreign port or place.
- Import limits on "covered goods": goods in HTS chapters 33 (Perfumery and Cosmetics), 15 (Oils and Fats), 69 (Ceramics), 68 (Articles of Stone), and 17 (Sugar and Confectionaries) exported from Spain and intended for import into the United States.
- Flexibility: FMC states it may choose a lesser remedy, limit only some categories, impose more targeted limits, or combine options.
Proposed 46 CFR 551.2 · comments on or before Dec 14, 2026 · regulations.gov under FMC-2026-0463
Authority: 46 U.S.C. 42101; 46 U.S.C. 41108(d); Chapter 423 remedies (42304, 42305)
Proposed fee: $200,000 per Spanish-vessel U.S. port entry · covered goods: HTS ch. 15, 17, 33, 68, 69 from Spain
2025 import values FMC cites from Spain
- HTS chapter 33: nearly $940 million (perfumes/toilet waters HTS 3303 nearly $700 million).
- HTS chapter 15: $1.15 billion (olive oil HTS 1509 $836.9 million).
- HTS chapter 69: $634.7 million (ceramic tiles HTS 6907 $523.7 million).
- HTS chapter 68: $270.6 million (HTS 6810 $176.9 million).
- HTS chapter 17: $138.8 million.
FMC is not proposing limits on retail medicines (HTS 3004.90) or static converters/transformers (HTS 8504.40), the only two six-digit categories above $1 billion in 2023-2025 imports from Spain at that level. FMC says the APA foreign affairs exception applies (5 U.S.C. 553(a)(1)) but is voluntarily seeking comment. Contact: David Eng, Secretary, (202) 523-5725.
Enforcement mechanics in the proposed text
- Unpaid fee: FMC may ask DHS to refuse clearance under 46 U.S.C. 60105 to that Spanish vessel or any other Spanish vessel.
- Any-flag offload of covered goods: if any vessel, regardless of flag, offloads covered goods at a U.S. port, FMC may ask DHS to refuse clearance until the goods are reloaded.
- Entry denial or detention: FMC may ask DHS to deny entry to or detain designated Spanish vessels or any vessel carrying covered goods.
- Retaliation clause (proposed paragraph (f)): if Spain retaliates, the fee would increase and additional HTS chapters could be added, within statutory limits.
Investigation backdrop
Investigation initiated December 2024 (Docket No. 24-30; FMC-2024-0022; notice 89 FR 96973, Dec. 6, 2024), drawing over 8,000 comments. Second notice 90 FR 59826 (Dec. 22, 2025), one comment. Record facts cited by FMC: Spain refused port access in November 2024 to three Maritime Security Program vessels (Maersk Seletar, Maersk Denver, Maersk Hartford), which rerouted to Tangier, Morocco; Maersk Line Limited U.S.-flag vessels averaged 7.25 Spanish port calls per month before November 2024 and only six visits across 2026; MLL calls at Tangier now average 4.17 per month. 1997 precedent: $100,000 per-voyage fee on Japanese carriers (62 FR 9696, Mar. 4, 1997); $200,000 is described as the approximate inflation adjustment.
This proposal does not change HTS duty rates or drawback rules. Keep ordinary customs-duty and drawback analyses separate from any future FMC fee or cargo-limit compliance work.
Action items
- Importers of Spanish olive oil, cosmetics/perfume, ceramic tile, stone articles, and confectionery should map SKUs to HTS chapters 15, 17, 33, 68, and 69, assess sourcing alternatives and in-transit exposure, and consider filing comments by December 14, 2026 on regulations.gov under FMC-2026-0463.
- Carriers and NVOCCs should note the any-vessel offload clearance mechanism in proposed 551.2.
- Exporters shipping to Spain on U.S.-flag carriers should note the routing changes already reflected in the investigation record.
- FR Doc. 2026-21067 (91 FR 65515-65521): FMC NPRM (Docket No. 26-14; FMC-2026-0463) proposing remedies for Spanish port denials of U.S.-flag vessels. Comments due on or before Dec 14, 2026. Not in effect.
- Proposed remedies: $200,000 per-voyage fee on Spanish vessels entering U.S. ports; limits on "covered goods" in HTS chapters 15, 17, 33, 68, and 69 exported from Spain for U.S. import. FMC may choose a lesser or more targeted remedy.
- Enforcement text: unpaid fees or covered-goods offloads can trigger DHS clearance refusal under 46 U.S.C. 60105; entry denial/detention of designated Spanish vessels or vessels carrying covered goods; retaliation clause can raise the fee and add HTS chapters.
- 2025 Spain import values cited: ch. 33 ~$940M; ch. 15 $1.15B (olive oil HTS 1509 $836.9M); ch. 69 $634.7M; ch. 68 $270.6M; ch. 17 $138.8M. Not proposing limits on HTS 3004.90 or 8504.40.
- No change to HTS duty rates or drawback rules in this proposal.
- Investigation Into Conditions Affecting Shipping in the Foreign Trade and Denial of Entry of Vessels Into Spanish Ports and Proposed Remedies To Meet or Adjust the Unfavorable Conditions (91 FR 65515-65521; FR Doc. 2026-21067; Docket No. 26-14; FMC-2026-0463) · Federal Maritime Commission
- Federal eRulemaking Portal (FMC-2026-0463) · U.S. General Services Administration
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.