§41104 Common carriers

Summary

Ocean carriers must not use unfair or dishonest practices to get business or treat shippers unfairly. They cannot use fake bills, wrong weights, wrong classifications, or other tricks to charge less than their published rates. They must follow their published tariffs and service contracts and may not use tariffs that the Federal Maritime Commission has suspended. They may not refuse cargo space without a good reason, discriminate unfairly about rates, cargo types, ports, loading, claims, or other services, pay deferred rebates, or use a ship to push a rival out of a trade. Carriers also must not deal with or sign contracts with intermediaries who lack the required tariff, bond, or insurance under sections 40501 and 40902, and they must not take part in certain combined agreements if those agreements would likely cut competition. No private lawsuit can be brought to enforce the rule about combining rate discussions and vessel sharing, and parties have 90 days to withdraw from such an agreement after the Commission finds a violation. If the Federal Maritime Commission investigates after a complaint under section 41310 and finds a demurrage or detention invoice was false or wrong, penalties or refunds under section 41107 will apply. Invoices for those charges must include accurate details such as the date the container was made available, port of discharge, container number(s), earliest return date for exports, allowed free time and its start and end dates, the rule and daily rate used, the total amount due, contact info for questions or fee mitigation, and statements that the charges follow Commission rules and were not caused by the carrier. If a non-vessel-operating carrier simply passes on an invoice but is not responsible, the ocean carrier must refund or face penalties. Leaving out the required invoice information removes the shipper’s duty to pay the charge.