---
kind: "section"
citation: "46 U.S.C. § 40503"
title: "46"
title_heading: "Shipping"
number: "40503"
heading: "Refunds and waivers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/40503"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 405 — Tariffs, Service Contracts, Refunds, and Waivers"
---

# §40503. Refunds and waivers


The Federal Maritime [Commission](/usc/46/42501.md?p=1), on application of a carrier or [shipper](/usc/46/40102.md?p=23), may permit a [common carrier](/usc/46/40102.md?p=7) or [conference](/usc/46/40102.md?p=8) to refund a portion of the freight charges collected from a [shipper](/usc/46/40102.md?p=23), or to waive collection of a portion of the charges from a [shipper](/usc/46/40102.md?p=23), if—

- (1) there is an error in a tariff, a failure to publish a new tariff, or an error in quoting a tariff, and the refund or waiver will not result in discrimination among [shippers](/usc/46/40102.md?p=24), ports, or carriers;
- (2) the [common carrier](/usc/46/40102.md?p=7) or [conference](/usc/46/40102.md?p=8), before filing an application for authority to refund or waive any charges for an error in a tariff or a failure to publish a tariff, has published a new tariff setting forth the rate on which the refund or waiver would be based; and
- (3) the application for the refund or waiver is filed with the [Commission](/usc/46/42501.md?p=1) within 180 days from the date of [shipment](/usc/46/40102.md?p=22).

## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 40503 | 46 App.:1707(e). | Pub. L. 98–237, § 8(e), Mar. 20, 1984, 98 Stat. 75; Pub. L. 105–258, title I, § 106(d), Oct. 14, 1998, 112 Stat. 1907. |

In paragraph (1), the words “an error in a tariff, a failure to publish a new tariff” are substituted for “an error in a, in failing to publish a new tariff” to correct an obvious error in the underlying statute.

In paragraph (2), the words “or waive” are added for consistency with the reference to a waiver later in the paragraph.