46 U.S.C. § 41310: Charge complaints

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. be provided an opportunity to submit additional information related to the charge in question; and 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). 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. 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. whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).