US Maritime Commission Proposes $200,000 Fee on Spanish Vessels Over Port Denials

The Federal Maritime Commission proposed on 15 October 2026 a $200,000 per-voyage fee on Spanish-flagged vessels calling at U.S. ports and restrictions on imports of certain Spanish goods, after concluding that Spain’s refusal to grant docking privileges to U.S. flag vessels created unfavorable conditions for shipping in U.S. foreign trade. The proposal was published as a notice of proposed rulemaking in the Federal Register (Vol. 91, No. 198, pp. 65515–65521) under docket FMC–2026–0463 and Docket No. 26–14, with comments due by 14 December 2026.

The Commission opened the investigation in December 2024 under Chapter 421 of Title 46 of the United States Code, which requires it to investigate and prescribe regulations to adjust conditions unfavorable to shipping arising from the laws or regulations of a foreign country. A first notice and request for comments was published on 6 December 2024 (89 FR 96973); a second notice followed on 22 December 2025 (90 FR 59826), which gave commenters 60 additional days. The first notice drew more than 8,000 comments; the second drew one, which the Commission deemed irrelevant to the investigation.

Spain submitted a comment to the December 2024 notice arguing that the Commission lacks jurisdiction over a sovereign state, that it cannot compel Spanish participation, and that the appropriate remedy is a diplomatic solution through the U.S. Secretary of State. The Commission rejected those arguments, holding that its power is to act within U.S. jurisdiction and that compliance with Spanish, European Union or international law is not a defense under Chapter 421.

What the investigation found

The Commission said the record provided conclusive evidence of unfavorable conditions, identifying three conditions created by Spanish law or regulation:

• Spain announced a policy of preventing certain vessels from docking at Spanish ports.
• Spain prevented U.S. flag vessels from docking at Spanish ports on at least three occasions.
• Spain expanded and formalized that policy of preventing certain vessels from docking.

The vessels named are the Maersk Seletar, the Maersk Denver and the Maersk Hartford, all enrolled in the Maritime Administration’s Maritime Security Program, which were refused or diverted in November 2024; the Marianne Danica was refused docking in May 2024. Vessel tracking data show the Maersk Line Limited fleet averaged 7.25 port calls a month in Spain before November 2024 but recorded only six visits across 2026, with calls at Tangier, Morocco, now averaging 4.17 a month.

The proposed remedies

The Commission proposes to amend 46 CFR part 551 by adding § 551.2, with two sets of remedies:

• A fee of $200,000 assessed each time a Spanish vessel enters any U.S. port from a foreign port or place, described as the approximate inflation adjustment of a $100,000 per-voyage fee imposed on Japanese carriers in a 1997 rule (62 FR 9696).
• Limits on imports of Spanish goods in five tariff chapters: HTS 33 (perfumery and cosmetics), HTS 15 (oils and fats), HTS 69 (ceramics), HTS 68 (articles of stone) and HTS 17 (sugar and confectionaries).

The rule also provides for refusing clearance, denying entry or detaining vessels through the Secretary of the Department of Homeland Security, and for raising the fee and adding tariff chapters if U.S. carriers or shippers are subjected to retaliatory measures.

Trade at stake

Spanish exports to the United States in the affected categories were valued in 2025 at:

• $940 million under HTS 33, including nearly $700 million in perfumes and toilet waters.
• $1.15 billion under HTS 15, of which $836.9 million in olive oil and its fractions.
• $634.7 million under HTS 69, including $523.7 million in ceramic tiles and mosaic cubes.
• $270.6 million under HTS 68, including $176.9 million in stone, plaster and cement articles.
• $138.8 million under HTS 17, mostly sugar confectionery.

Reactions and next steps

Comments on the proposal must reach the Commission on or before 14 December 2026 through the federal eRulemaking portal under FMC–2026–0463. The notice also gives Spain an opportunity to request a hearing under 46 U.S.C. 41108(d). Among the comments received, two then-current members of Congress and one former member — Rashida Tlaib, Cori Bush and Summer L. Lee — opposed the investigation, while maritime labor unions including the American Maritime Officers, the Sailors’ Union of the Pacific and the Seafarers International Union supported it. The notice is signed by David Eng, Secretary of the Commission.

The proposal would mark the Commission’s first use of per-voyage fees since the 1997 Japan case, and it directly affects transatlantic routes: Spanish-flagged ships calling at U.S. ports would pay $200,000 per voyage, while importers of Spanish olive oil, ceramics, perfumes, stone and confectionery could face restricted supply. Because the rule falls within the Administrative Procedure Act’s foreign affairs function exemption, the Commission is not required to take comments but has voluntarily elected to do so.

Source: Federal Register, Vol. 91, No. 198, 15 October 2026, Proposed Rules, pp. 65515–65521 (official reference: FMC–2026–0463; Docket No. 26–14).