Title 46, ShippingRelease 119-102
§40503 Refunds and Waivers
Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part A — Ocean Shipping › CHAPTER 405 — TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS › § 40503
Summary
The Federal Maritime Commission can let a carrier or carrier group refund or waive part of freight charges when three conditions are met: a tariff error, a failure to publish a tariff, or a wrong tariff quote, and the refund won't favor some shippers, ports, or carriers. The carrier must publish the correct tariff before applying and file the application with the Commission within 180 days of shipment.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
46 U.S.C. § 40503
Title 46, Shipping
Last Updated
Aug 21, 2026
Release point: 119-102