§41104 Common Carriers

Summary

Ocean shipping companies must not use tricks or unfair practices to give someone lower rates than the carrier’s published tariff or service contract. They must follow their published tariffs or signed service contracts in liner trade, and must not operate under tariffs or contracts suspended by the Federal Maritime Commission. They must not use false bills, fake weights or classifications, refuse cargo space without a good reason, treat shippers unfairly in rates, cargo classes, space, loading, or claims, or use a ship to push competitors out of a trade. They also must not pay deferred rebates, refuse to negotiate, do business with intermediaries that lack required tariffs or bonds, or join both rate-setting and vessel-sharing agreements in a way that harms competition. People cannot privately sue to enforce the rule about joining both agreements (item (a)(13)). If the Commission finds such a violation, participants have 90 days to withdraw. If the Commission investigates an invoice claim (under section 41310) and finds a detention or demurrage invoice was wrong, refunds or penalties apply under section 41107. Any invoice for demurrage or detention must include accurate details: date container was available, port of discharge, container number(s), earliest return date for exports, allowed free time in days and its start and end dates, the rule and rate used, the total due, contact info, a statement that the charges follow Commission rules including the final Interpretive Rule dated May 18, 2020, and a statement that the carrier did not cause the charges. If an NVOCC simply passes an ocean carrier’s invoice to a shipper but is not responsible for the charge, the ocean carrier must provide refunds or face penalties. If an invoice lacks the required information, the billed party does not have to pay.