46 USC § 41310 - Charge complaints

---
identifier: "/us/usc/t46/s41310"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 41310 - Charge complaints"
title_number: 46
title_name: "SHIPPING"
section_number: "41310"
section_name: "Charge complaints"
chapter_number: 413
chapter_name: "ENFORCEMENT"
part_number: "A"
part_name: "Ocean Shipping"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)"
---


# § 41310. Charge complaints

**(a)** **In General.—** A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.

**(b)** **Investigation.—** Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—

**(1)** be provided an opportunity to submit additional information related to the charge in question; and

**(2)** bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).

**(c)** **Refund.—** Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.

**(d)** **Penalties.—** In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.

**(e)** **Considerations.—** If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—

**(1)** whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and

**(2)** whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).

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**Source Credit**: (Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)