FMC Proposes a $200,000 Fee on Spanish Ships and Limits on Spanish Imports: What Importers Should Know

Oct 18, 2026 · By Gateway Lines

The Federal Maritime Commission (FMC) has proposed a $200,000 fee each time a Spanish-flag ship enters a U.S. port. It also proposes limits on imports of five groups of Spanish goods, including olive oil, ceramic tile and cosmetics.

By the FMC's figures, those goods were worth about $3.1 billion of U.S. imports from Spain in 2025. Nothing is in force yet, and public comments are due December 14, 2026.

The proposal at a glance

What the FMC proposed

The FMC proposes two remedies: a fee on Spanish-flag ships and limits on Spanish goods in five HTS chapters. Both would sit in a new section of its rules, 46 CFR 551.2.

A $200,000 fee per U.S. port call

The fee would apply each time a Spanish-flag vessel enters any U.S. port from a foreign port. The FMC reached $200,000 by adjusting for inflation the $100,000 per-voyage fee in its 1997 final rule on vessels operated by Japanese carriers. Those remedies led to a bilateral resolution with Japan.

The FMC notes that relatively few Spanish-flag vessels call at U.S. ports. It says the fee would not be enough on its own.

Limits on five HTS chapters

The second remedy would limit imports of goods in five HTS chapters that are exported from Spain. The FMC says the final version could be narrower: broad limits, targeted limits, only some chapters, or a mix.

Figures are the FMC's, from the proposed rule. Together the five chapters come to about $3.1 billion.

The FMC left out the only two six-digit lines whose imports from Spain topped $1 billion between 2023 and 2025. They are retail medicines (3004.90) and static converters (8504.40), spared because of U.S. health needs and an ongoing transformer shortage.

If Spain retaliates against U.S. carriers or shippers, the draft says the fee would rise and more HTS chapters would be added.

Why the FMC says it is acting

The FMC concluded that Spain's port denials have created conditions unfavorable to U.S. shipping. In November 2024, Spain turned away three U.S.-flag ships in the Maritime Security Program (MSP): the Maersk Seletar, Maersk Denver and Maersk Hartford. Initial reports said the ships carried cargo bound for or coming from Israel.

The FMC's case rests largely on vessel tracking data for Maersk Line, Limited (MLL), whose U.S.-flag fleet is enrolled in the MSP:

• Before November 2024, MLL ships averaged about 7.25 calls a month at Spanish ports.

• So far in 2026, they have made six Spanish calls in total.

• MLL calls at Tangier, Morocco now average about 4.17 a month, replacing much of the Algeciras traffic.

Spain told the FMC that Spanish, EU and international law require it to block the transit of defense and dual-use goods. It says it applies that rule regardless of flag and refused containers, not ships. It also argued that the FMC lacks jurisdiction over Spain and that diplomacy is the right path.

The FMC says its evidence shows Spain denied the ships themselves. It adds that following Spanish law is no defense under the U.S. statute. The FMC says it could lift final remedies once a diplomatic solution is reached.

The FMC says views about Israel are outside its investigation. It describes its focus as the reliability and efficiency of the U.S. ocean shipping supply chain.

The legal basis is 46 U.S.C. chapter 421, which lets the FMC counter foreign rules that harm U.S. shipping. The FMC also cites 46 U.S.C. 41108(d), on foreign barriers to U.S.-flag ships trading between foreign ports, and offers Spain a hearing under it.

Which ships and goods would be covered

The fee and the cargo limits reach different ships. The fee applies only to Spanish-flag vessels, while the cargo limits apply to any vessel carrying covered goods to a U.S. port.

• Spanish vessel: a vessel registered under the Spanish flag, documented or registered under the laws of Spain.

• Covered goods: goods in HTS chapters 15, 17, 33, 68 and 69 that are exported from Spain and intended for import into the United States.

To screen your own products, check the first two digits of each HTS code. Codes starting with 15, 17, 33, 68 or 69 on goods shipped from Spain fall within the proposal as drafted. You can check a code with our HTS code lookup.

Some well-known Spanish exports are not on the list, such as wine (chapter 22) and packaged table olives (chapter 20). Chocolate made with cocoa (chapter 18) is also outside it.

How the limits would be enforced

The draft enforces the cargo limits through the ship, using the Department of Homeland Security (DHS). If any vessel offloads covered goods at a U.S. port, the FMC could ask DHS to refuse its clearance until the goods are reloaded. The FMC could also ask DHS to deny entry to, or detain, any vessel carrying covered goods.

A Spanish-flag vessel that does not pay the fee faces the same tools. The FMC could also ask DHS to refuse clearance to other Spanish-flag vessels.

What the draft leaves open

These gaps matter for importers and are worth raising in comments:

• Whether "exported from Spain" means Spanish-origin goods, goods loaded at a Spanish port, or both.

• How the rule treats Spanish goods shipped from another country's port, or foreign goods that only change ships in Spain.

• What happens to cargo already booked or at sea when a final rule takes effect. When the Section 301 forced labor duties began on July 24, 2026, cargo already loaded was exempt only if entered before July 28 (our guide).

• Whether goods arriving by air are covered, since every enforcement tool in the draft targets vessels.

• What "limit" would mean in practice: a full stop, a cap on amounts, or a shorter product list.

What it could mean for freight from Spain

This section is our read as an FMC-licensed NVOCC, a company that books ocean freight for shippers on carriers' vessels. None of it applies unless the FMC issues a final rule.

• The fee would touch few sailings. The FMC itself says few Spanish-flag vessels call at U.S. ports, so most importers would feel the cargo limits, not the fee. It is also separate from USTR's Section 301 port fees on China-linked ships, which are paused until November 9, 2026 (our coverage).

• Carriers would carry the enforcement risk. Under the draft, one container of covered goods could hold up an entire ship. If the rule becomes final as written, we expect carriers to stop taking bookings for covered goods from Spain.

• Shared containers need extra care. In LCL consolidation, one pallet of covered goods could put the whole container at risk. Expect consolidators to screen HTS codes on Spanish cargo before loading.

• Duty rates would not change. Most Spanish goods already pay a combined duty of at least 10% under a Section 301 forced labor action. It took effect July 24, 2026 (our guide to the rates; CBP CSMS #69326983; Tariff Radar). Our calculator shows Spanish ceramic floor and wall tile, HTS 6907.21.10.51, at 10%.

• Switching origins changes your landed cost. The FMC expects limited Spanish imports "to mostly be replaced by similar goods from other nations." Our calculator prices the same tile at 10% from Italy and 47.5% from China, before any antidumping or countervailing duty. Price any switch in the tariff calculator first.

Freight from Spain outside the five chapters, such as wine or table olives, would move as it does today unless the FMC adds chapters later.

Timeline and how to comment

Comments are due Dec 14, 2026, and no fee or import limit starts before the FMC issues a final rule. The FMC says it did not have to take comments, because the rule falls under the foreign affairs exception, but chose to. The notice also lets Spain request a hearing.

How to file a comment

1. Go to regulations.gov and open docket FMC-2026-0463.

2. Point to the part of the proposal you are addressing, such as the covered goods list in 46 CFR 551.2(b)(2).

3. Explain the change you want and back it with data, such as your volumes, costs or jobs tied to the trade.

4. File under your own name. The FMC does not accept anonymous comments and posts what it receives, names included.

5. For confidential business information, follow 46 CFR 502.5. Email [email protected] a transmittal letter, a marked confidential copy and a public version without the confidential material.

Questions go to the FMC Secretary at [email protected] or (202) 523-5725.

What importers of Spanish goods should do now

Start with your product list: the proposal reaches only goods in five HTS chapters, so most of the work is screening and planning.

1. Screen your Spanish SKUs. Flag every HTS code starting with 15, 17, 33, 68 or 69, and confirm each classification is right.

2. Map how each shipment moves. Note the port of loading, the carrier, any transshipment port and who books the freight. Under FOB terms, the buyer's forwarder usually books it.

3. Ask your carrier or forwarder how they would handle covered goods if a final rule takes effect, including cargo already at sea.

4. Price a backup origin. Run the same HTS code from other countries in the tariff calculator and compare landed cost, not just the duty rate. Our worked examples show how each duty stacks.

5. Check your purchase contracts for what happens if goods cannot ship.

6. File a comment by December 14 if the limits would hurt your business, with numbers the FMC can use.

7. Follow the Tariff Radar for the final rule and other changes that affect Spanish goods.

If you import from Spain, our team can look at your lanes and quote FCL or LCL options, with customs clearance at the U.S. end. Speak with us.

FAQ

Is the FMC's Spain proposal a new tariff?

No. It would add a fee on Spanish-flag vessels and limit imports of certain Spanish goods, but it does not change any duty rate. Spanish goods keep paying the duty they pay today.

What duty do Spanish goods pay now?

Most Spanish goods pay a combined duty of at least 10% under the Section 301 forced labor action that began July 24, 2026. Our calculator shows Spanish ceramic floor and wall tile (HTS 6907.21.10.51) at 10%.

Which Spanish products would be restricted?

Goods exported from Spain in HTS chapters 15 (fats and oils, including olive oil), 17 (sugar and candy), 33 (perfume and cosmetics), 68 (stone articles) and 69 (ceramics, including tile). The FMC says the final list could be shorter.

Does the $200,000 fee apply to any ship carrying Spanish goods?

No. The fee applies only when a Spanish-flag vessel enters a U.S. port from abroad. The import limits work differently: any vessel carrying covered goods could be refused clearance, denied entry or detained.

When would the fee and import limits take effect?

No date has been set. The FMC must first review comments, due December 14, 2026, and then publish a final rule.

Are Spanish medicines, wine or table olives covered?

No. The FMC chose not to limit retail medicines, and wine and table olives sit in HTS chapters outside the five listed. Olive oil is covered.

How can I comment on the proposal?

File at regulations.gov under docket FMC-2026-0463 by December 14, 2026. The FMC does not accept anonymous comments.

Why is the FMC targeting Spain?

The FMC found that Spain's refusal to let U.S.-flag ships dock, starting in November 2024, created conditions unfavorable to U.S. shipping. Spain says it is applying Spanish, EU and international law on defense and dual-use goods.

Sources

Government sources

• Federal Maritime Commission, Investigation Into Conditions Affecting Shipping in the Foreign Trade and Denial of Entry of Vessels Into Spanish Ports and Proposed Remedies, notice of proposed rulemaking, 91 FR 65515 (October 15, 2026), FR Doc. 2026-21067.

• Docket FMC-2026-0463 on regulations.gov, where comments are filed.

• Federal Maritime Commission, notice of investigation and request for comments, 89 FR 96973 (December 6, 2024).

• Federal Maritime Commission, request for additional comments, 90 FR 59826 (December 22, 2025).

• Federal Maritime Commission, Port Restrictions and Requirements in the United States/Japan Trade, 62 FR 9696 (March 4, 1997).

• U.S. Customs and Border Protection, CSMS #69326983, Section 301 Forced Labor Import Duties (July 23, 2026).

Gateway Lines data and guides

• Tariff Radar, entry of July 24, 2026: "Section 122 Expired July 24; New Section 301 Forced Labor Duties of 10% to 12.5% Now Apply to 60 Economies."

• Section 301 Forced Labor Tariffs: 2026 Rates, Countries and Exemptions (October 10, 2026).

• Two China Tariff Deadlines Expire Nov 9: Ship Fees and 178 Exclusions (October 13, 2026).

• Tariff Calculator worked examples for ceramic floor and wall tiles, HTS 6907.21.10.51, from Spain, Italy and China, priced October 18, 2026.