§40503 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission can allow a carrier or conference to give back or cancel part of a shipper’s freight charge when a carrier or shipper asks. Permission is allowed only if three things are true. There was a mistake or a failure to publish the correct shipping rate and the refund won’t unfairly favor any shippers, ports, or carriers. The carrier published the correct rate before asking. The request is filed with the Commission within 180 days after the shipment.

Title 46, §40503

Shipping — Source: USLM XML via OLRC

The Federal Maritime Commission, on application of a carrier or shipper, may permit a common carrier or conference to refund a portion of the freight charges collected from a shipper, or to waive collection of a portion of the charges from a shipper, 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, ports, or carriers;

(2)the common carrier or conference, 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 within 180 days from the date of shipment.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4050346 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.

§40503 Refunds and waivers

Summary

Title 46, §40503

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata