The truck reaches the nominated container yard before the confirmed return time. The driver joins the queue, waits, and is then told that the depot is full. The forwarder calls the shipping line. No one gives a new return location. By evening, the truck has lost a full trip and the empty container is still with the consignee.
A few days later, the detention invoice arrives.
This is where the dispute normally begins. The shipping line says the container was returned late. The consignee says there was nowhere to return it. The trucker asks for waiting and additional trip charges. The forwarder is left collecting screenshots, emails, gate slips, and call records after the event.
The proposed joint administrative order being reviewed by the Bureau of Customs is meant to bring clearer rules to this situation. BOC wants the order approved within August. It covers local shipping charges, port yard use, container deposits, detention, demurrage, and the return of empty containers.
Under the draft, a shipping line would have to refund the container deposit within 15 days after receiving the returned empty. It should also avoid demanding a cash deposit where another acceptable form of security can guarantee the container’s return.
More important are the proposed rules around failed returns. A shipping line may not be able to charge detention when it caused the delay. The draft gives examples. If the line does not acknowledge a request for a return location within 24 hours, or does not assign a yard or terminal within 48 hours, the resulting delay may fall on the line.
If the nominated yard cannot accept the empty, BOC may designate an alternative yard. The draft places the rerouting cost on the shipping line and blocks detention caused by the failed nomination.
But the rule does not place every duty on carriers. Once the return date and time are confirmed, truckers, brokers, and forwarders would have 48 hours to deliver the empty. A missed slot, late truck, incomplete instruction, or poor follow-up could still leave the cargo owner exposed.
That balance matters because Manila has a physical container problem, not just a billing problem.
BOC reported that Manila terminals received 1.37 million TEUs of imports from January to July 2026 but exported only 1.231 million TEUs of laden and empty containers. The release ratio fell to 90%, compared with 95% in 2025 and 98% in 2024.
The position also differs sharply between terminals. Manila South Harbor exported more boxes than it received during the period. MICT, which handles a larger share of inbound containers, recorded a much lower export ratio.
Every empty box that remains in the system uses yard space. As the yard fills, truck movement slows. Laden imports stay longer. Vessel work becomes harder. A return problem that begins with one container can add cost across many shipments.
The proposed order may improve accountability, but it cannot create additional yard space, trucks, depot capacity, or vessel slots. It will also not remove every detention charge. A party that receives a valid return instruction and fails to act will still have a weak case.
The real change will be in the evidence expected from everyone.
Forwarders should record the first request for a return location, the carrier’s reply, the confirmed slot, any depot rejection, the truck’s gate arrival, and every instruction to move the box elsewhere. Verbal instructions should be confirmed by email or through the carrier’s system. Screenshots should show the date, time, container number, and booking or BL reference.
The final order may differ from the draft. Its effective date, transition rules, proof requirements, and treatment of existing deposits still need to be checked after signing.
But one lesson does not depend on the final wording.
An empty-container dispute is usually won or lost before the detention invoice arrives.
Amit Maheshwari is the CEO of Softlink Global. He built Logi-Sys, a freight platform now used in over 50 countries. With 30 years in the industry, he focuses on fixing operational bottlenecks through software. He writes “IT in Logistics” for PortCalls Asia to cut through the tech hype and address the reality of moving cargo.
