How do I dispute a demurrage or detention invoice?

The Federal Maritime Commission’s billing rule for demurrage and detention, 46 CFR part 541, has applied to invoices since May 2024. It covers demurrage, detention and per diem invoices from ocean carriers, marine terminal operators and NVOCCs. Work through it in order; the first two checks can end the dispute on their own. This is general information, not legal advice.

1. Was the invoice issued on time?

A carrier or marine terminal operator has to issue the invoice within 30 calendar days of the last day the charge was incurred. An NVOCC that passes on a carrier’s or terminal’s invoice has 30 days from the date of the invoice it received. If the deadline is missed, you are not required to pay. The invoice must show its own date and the dates the charges were applied, so the check takes a minute.

2. Does it show everything the rule requires?

Under 46 CFR 541.6 the invoice has to include:

• Who and what: the bill of lading and container numbers, the port of discharge, and why you are the one being billed.
• Time: the invoice date and due date, the free time in days, the start and end of free time, the date the container was available for pickup, and the dates the charges cover.
• Money: the total due, the rate, and the tariff, terminal schedule or contract provision the rate comes from.
• Disputes: a contact for questions and waiver requests, a link to what documents a request needs, and the deadlines for asking and for answering.
• Two statements: that the charges comply with the FMC’s rules, and that the billing party’s own performance didn’t cause or contribute to them.

If any of that is missing, you are not required to pay the charge.

3. Were you able to act on those days?

The FMC’s interpretive rule asks whether demurrage and detention work as incentives to keep cargo moving. Days when the container wasn’t really available, because of a hold, a closed gate or no appointments, or when the terminal wouldn’t take the empty back, are common grounds for a waiver. Collect the evidence while it exists: appointment screens, terminal notices, emails.

4. Ask in writing, inside the window

The billing party has to give you at least 30 calendar days from the invoice date to request mitigation, a refund or a waiver, and has to try to resolve your request within 30 days of receiving it. Send the request to the dispute contact on the invoice, with the bill of lading and container numbers, the dates you dispute, your evidence and what you are asking for.

5. Escalate to the FMC

The FMC’s Consumer Affairs and Dispute Resolution Services helps resolve disputes informally and free of charge. A charge complaint under 46 U.S.C. 41310 asks the Commission to review a common carrier’s charge; if it doesn’t comply, the Commission can order a refund, and for demurrage and detention the carrier has to show its charge was reasonable. Small claims and formal complaints are also available.

Is the amount itself out of line?

The rule governs how you are billed, not how much. To see whether an amount is unusual, compare it with what other importers paid: in Freight Benchmarks’ invoice data the median demurrage bill was $490 per shipment when charged and the median per diem bill $370. The demurrage and per diem benchmarks have the full ranges, and the freight bill checker ranks your amount.