---
kind: "section"
citation: "46 U.S.C. § 41310"
title: "46"
title_heading: "Shipping"
number: "41310"
heading: "Charge complaints"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/41310"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 413 — Enforcement"
---

# §41310. Charge complaints

- (a) **In General.—** A person may submit to the Federal Maritime [Commission](/usc/46/42501.md?p=1), and the [Commission](/usc/46/42501.md?p=1) shall accept, information concerning complaints about charges assessed by a [common carrier](/usc/46/40102.md?p=7). The information submitted to the [Commission](/usc/46/42501.md?p=1) 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)](#a), with respect to a charge assessed by a [common carrier](/usc/46/40102.md?p=7), the [Commission](/usc/46/42501.md?p=1) shall promptly investigate the charge with regard to compliance with [section 41104(a)](/usc/46/41104.md?p=a) and section 41102. The [common carrier](/usc/46/40102.md?p=7) 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)](#a), if the [Commission](/usc/46/42501.md?p=1) determines that a charge does not comply with section [41104(a)](/usc/46/41104.md?p=a) or [41102](/usc/46/41102.md), the [Commission](/usc/46/42501.md?p=1) 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)](/usc/46/41104.md?p=a) or [41102](/usc/46/41102.md) after submission under [subsection (a)](#a), a civil penalty under [section 41107](/usc/46/41107.md) shall be applied to the [common carrier](/usc/46/40102.md?p=7) making such charge.
- (e) **Considerations.—** If the [common carrier](/usc/46/40102.md?p=7) assessing the charge is acting in the capacity of a [non-vessel-operating common carrier](/usc/46/40102.md?p=17), the [Commission](/usc/46/42501.md?p=1) shall, while conducting an investigation under [subsection (b)](#b), consider—
  - (1) whether the [non-vessel-operating common carrier](/usc/46/40102.md?p=17) 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)](#c) and [(d)](#d).

## Source credit

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