46 U.S.C. § 40503 — Refunds and waivers
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 152 words · no verdicts yet
The Commission can let a carrier refund or waive part of a shipper's charges. This applies only if there was a tariff error and no shipper is favored. The carrier must publish a corrected tariff first and apply within 180 days.
On a carrier's or shipper's request, the Federal Maritime Commission may let a common carrier* or conference* refund part of the freight charges it collected from a shipper*, or waive collecting part of those charges, if:
(1) There was an error in a tariff, a tariff that should have been published wasn't, or a tariff was misquoted -- and the refund or waiver won't discriminate among shippers, ports, or carriers.
(2) Before asking for permission to refund or waive charges for that kind of error, the carrier or conference has already published a corrected tariff showing the rate the refund or waiver will be based on.
(3) The request for the refund or waiver is filed with the Commission within 180 days of the shipment* date.
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—
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;
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
the application for the refund or waiver is filed with the Commission within 180 days from the date of shipment*.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1535
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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