17.10.2026 Regulation #USA #EU #Import #Logistics #Bans

FMC proposes $200,000 fee on Spanish-flag ships and curbs on Spanish imports

The US Federal Maritime Commission (FMC) published a proposed rule on October 15, 2026 in the Federal Register. It would impose a fee of $200,000 on every call at a US port by a Spanish-flag vessel and restrict imports of Spanish goods in five HTS chapters. Comments are due by December 14, 2026 (docket FMC-2026-0463). The import restriction would apply to covered cargo carried on vessels of any flag.

Why the FMC targeted Spain

The investigation began in December 2024 after Spain refused entry in November 2024 to three vessels in the Maritime Security Program (MSP): Maersk Seletar, Maersk Denver and Maersk Hartford. According to the initial reports cited by the FMC, the refusals were based on the vessels carrying cargo bound for or coming from Israel, and Spain reportedly cited EU regulations. The Commission concluded that Spain applies a policy that prevents MSP vessels from docking in its ports. Spain, as reported by gCaptain, maintains that its restrictions comply with Spanish, EU and international law and are applied without discrimination by flag. The FMC rejected that defence, finding that Spain denied docking to US-flag vessels rather than merely refusing to offload specific containers.

How the proposed measures work

The legal basis is 46 U.S.C. 42101(a) and 41108(d). Proposed 46 CFR 551.2 includes:

A $200,000 fee each time a Spanish vessel enters any US port from a foreign port. The figure approximates the $100,000 fee imposed on Japanese carriers in 1997, adjusted for inflation. The Commission acknowledges that few Spanish-flag vessels call at US ports.
Covered goods: products of HTS chapters 33, 15, 69, 68 and 17 exported from Spain to the United States.
Clearance. If the fee is unpaid, the FMC may ask the Department of Homeland Security (DHS) to refuse the vessel clearance. Any vessel that unloads covered goods in a US port may be refused clearance until the goods are reloaded.
Entry and detention. At the FMC's request, DHS may deny entry to, or detain, a Spanish vessel that has not paid the fee, or any vessel carrying covered goods.
Escalation. If Spain retaliates against US carriers or shippers, the fee rises and further HTS chapters are added.

US imports from Spain in 2025, per the proposal:

chapter 33 (perfumery and cosmetics): about $940 million, of which perfumes and toilet waters (3303) were about $700 million;
chapter 15 (fats and oils): $1.15 billion, with olive oil (1509) at $836.9 million;
chapter 69 (ceramics): $634.7 million, with tiles (6907) at $523.7 million;
chapter 68 (articles of stone, plaster, cement): $270.6 million, with heading 6810 at $176.9 million;
chapter 17 (sugar and confectionery): $138.8 million, mostly under subheading 1704.90 (1704).

Subheadings 3004.90 (retail-packaged medicines, 3004) and 8504.40 (static converters, 8504), the only ones with imports from Spain above $1 billion in 2023–2025, are not proposed for restriction, citing public health and a shortage of transformers in the United States.

What it means for importers and carriers

If adopted as proposed, the FMC could ask DHS to refuse clearance to a vessel that has unloaded covered goods, whatever its flag: the restriction follows the origin of the cargo. The FMC expects that restricted imports would mostly be replaced by similar goods from other countries. The final measure could be narrower, since the Commission may choose only some chapters, tighter restrictions or a combination, while retaliation by Spain would instead expand the list.

Comments due December 14, with a possible hearing

Comments and related material must reach the FMC by December 14, 2026. The document provides for a public hearing, which Spain may request under 41108(d). No effective date is given; the rule remains a proposal until the Commission's final decision.

Primary sources

Mentioned codes

1509 6907 6810 1704 3004 8504

This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.