Demurrage and detention questions

Common questions, each answered from the provision that settles it.

17 records

Sequence noSlugQuestionAnswerProvision slug
1 part-541-scope What invoices does Part 541 cover? It governs D&D invoices issued by an ocean common carrier, MTO, or NVOCC. It does not govern billing relationships among and between ocean common carriers and MTOs. cfr-541-2-a
2 missing-field What happens if a mandatory invoice field is missing? Under §541.5, the billed party is not required to pay the applicable charge. The report separately flags the possibility of a compliant reissued invoice; that is not an automatic permanent deletion rule. cfr-541-5
3 invoice-fields What must a compliant invoice show? At minimum: B/L number(s), container number(s), import discharge port(s), proper-party basis, invoice and due dates, free time and key operational dates, charged dates, total, applicable rule, rates, dispute contact/instructions/timeframes, and two certifications. cfr-541-6-a
4 billable-party-after-541-4 Who may be billed after §541.4 became Reserved? There is no new automatic bright-line list. The invoice must still explain why the billed party is the proper party of interest and liable under §541.6(a)(4), with the contract, B/L, consignee role, tariff, and operational record considered in context. cfr-541-6-a
5 thirty-day-invoice When must the billing party issue the invoice? Within 30 calendar days from the date the charge was last incurred. If late, the billed party is not required to pay that charge. cfr-541-7-a
6 nvocc-pass-through What is the NVOCC pass-through deadline? An NVOCC billing party must issue its invoice within 30 calendar days from the issuance date of the D&D invoice it received. cfr-541-7-b
7 mitigation-window How long do I have to request mitigation, refund, or waiver? The billing party must allow at least 30 calendar days from invoice issuance. It must attempt to resolve the request within 30 calendar days of receipt, unless a later date is agreed. cfr-541-8-a
8 incentive-principle What is the incentive principle? Section 545.5 asks whether a charge serves the primary financial-incentive purpose of promoting freight fluidity, alongside cargo availability, return, notice, inspection, and policy factors. cfr-545-5-c-1
9 automatic-clock-stop Does §545.5 automatically stop the clock whenever a terminal is closed? No. It is a fact-specific reasonableness framework, not an automatic clock-stop or blanket closed-port exemption. cfr-545-5-f
10 wsc-effect Did WSC v. FMC invalidate all of Part 541? No. The D.C. Circuit set aside only §541.4; the remaining invoice-content, timing, and dispute provisions remained in place. FMC later codified §541.4 as Reserved in 90 FR 60579. cfr-541-4
11 mandate-date Why is 14 November 2025 not in the timeline? The date is a FRAP-based calculation recorded in the report as expected, but no primary docket/FMC/Federal Register entry independently verified it in this research cut. The export therefore omits it rather than presenting it as a docket fact. cfr-541-4
12 charge-complaint How do I start an FMC Charge Complaint? Collect the invoice, B/L, payment proof, and operational evidence; state the alleged §41104(a) or §41102 violation; and submit through the FMC interim route at chargecomplaints@fmc.gov. usc-41310
13 complaint-route-choice What are the available FMC complaint routes? The 2026 framework distinguishes the no-fee interim Charge Complaint, the formal complaint route under §502.62, and the consent-based small-claims route under §502.304. Do not duplicate the same merits claim across routes. cfr-502-62
14 formal-fee What filing fee is recorded for a formal complaint? The report’s 2026 research snapshot records a $387 filing fee; check the current FMC fee page before filing. cfr-502-62
15 small-claims-consent Does small claims require consent? Yes. The small-claims route is the consent-based informal procedure described in §502.304; the export records a $176 fee and a $50,000-or-less scope from the research snapshot. cfr-502-304
16 eu-comparison Does the EU have a Part 541-equivalent D&D invoice schema? The official EU sources reviewed — Regulation (EU) 2017/352 and Directive 2011/7/EU — provide port-charge transparency and late-payment context, not a verified Union-wide Part 541-equivalent D&D invoice schema. eu-reg-2017-352
17 uk-comparison Did the reviewed UK sources establish a single D&D invoice process? No. The reviewed UK statutes and GOV.UK/HMRC materials provide carriage, harbour-charge, VAT, and late-payment context; no single Part 541-equivalent D&D invoice schema was verified. uk-cogsa-1971

Sources

  • 46 CFR Part 541 — Office of the Federal Register / FMC · Public domain
  • 46 CFR §545.5 — Office of the Federal Register / FMC · Public domain
  • World Shipping Council v. FMC — U.S. Court of Appeals for the D.C. Circuit · Public domain
  • FMC Charge Complaint interim guidance — Federal Maritime Commission · Public domain
  • Charge Complaint Procedures — FMC / GPO · Public domain
  • FMC Summary of Fees — Federal Maritime Commission · Public domain
  • 46 CFR Part 502 — Office of the Federal Register / FMC · Public domain
  • Regulation (EU) 2017/352 — European Union / EUR-Lex · Reusable with attribution
  • UK Ecosystem of Trust Evaluation Report — UK Government / GOV.UK · Reusable with attribution

2 further records are on file but not shown, because the publisher's terms do not clearly allow them to be republished.