Justice gives Santa Catarina ports victory in battle over storage charges

A ruling by the Santa Catarina Court of Justice (TJSC) signaled victory for the ports in the dispute with the retroport terminals – the so-called dry container storage ports – over the collection of fees at the Itajaí-Açu Port Complex, second largest mover of cargo in the country.

Expansion

The TJSC upheld the lower court decision and found Portonave’s charge for Container Delivery and Segregation Services (SSE), valid at Navegantes. The tax is the target of a long battle between ports and retroports – which, although not receiving ships, fight for storage of the cargo arriving at the port terminals.

The lawsuit was filed by the Localfrio retroport terminal, which questioned the legality of the fee. SEE is charged in Itajaí and Navegantes when the customer decides to transfer the cargo to the retroport. The value includes the separation and delivery of containers.

For the judges, the service is effectively provided and therefore the collection is due. It does not constitute duplicity or abuse, but a market relationship – the company that proposed the action can still appeal.

Approximation

On Friday, October 18, Portonave hosted a meeting convened by the National Agency for Water Transport (Antaq) with the participation of APM Terminals, leaseholder of the Port of Itajaí, and representatives of the Union of Retroportuarial Terminal Operating Companies of Itajaí and Region (Sinter). Among the subjects discussed was the collection of SEE. The ship-receiving terminals, Navegantes and APMT, advocate broadening the dialogue with the retroports. The meeting ended with the expectation of creating a joint agenda.

Dispute

The clash between ports and retroports involves two major players in foreign trade. On one hand, the deepwater port terminals, which claim to have high equipment and infrastructure costs to attract cargo – and without them, there is nothing to store. On the other are the retroport terminals, which provide an important warehousing service that has made the region a reference in logistics. There are already nine companies in the sector in the region of Itajaí and Navegantes.

Sharing is caring!