Charge complaints — Us Code Code § 41310

Us Code Code § 41310 — Charge complaints. Reproduced from the official United States Code, with a citation summary, verification link, and related provisions.

§ 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).

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

Part B—Actions To Address Foreign Practices

CHAPTER 421—REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

Sec.
42101.
Regulations of the Commission.
42102.
Regulations of other agencies.
42103.
No preference to Government-owned vessels.
42104.
Information, witnesses, and evidence.
42105.
Disclosure to public.
42106.
Other actions to remedy unfavorable conditions.
42107.
Refusal of clearance and entry.
42108.
Penalty for operating under suspended tariff or service contract.
42109.
Consultation with other agencies.

        

About This Section

46 U.S.C. § 41310 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 46 U.S.C. § 41310. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Source: official Us Code text · Last verified 2026-08-27

At a glance

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Statute text is transcribed from the official United States Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Us Code attorney.

Common questions

What is the source of United States Code § 41310?

The text above is transcribed from the United States Code, the codified statutes of Us Code. The official publisher link appears under "Verify the text" on this page.

What subject does United States Code § 41310 address?

It addresses "Charge complaints". Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is United States Code § 41310 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Us Code source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Us Code law to your facts requires a licensed Us Code attorney who can review the specifics.

Nearby provisions in Us Code