Demurrage and detention

Why did I get a demurrage bill weeks after delivery?

The short answer

Freight Benchmarks found that the median demurrage bill on US import container shipments first invoiced July 2024 to June 2026 was $490 per shipment when charged, and the median per diem bill $370. Neither can be invoiced until it stops running. Under the FMC's billing rule, a carrier or terminal then has 30 days to issue the invoice, and an NVOCC passing it on has 30 days from that invoice, so a bill can follow delivery by weeks.

Median demurrage bill, when charged
$490
Per shipment
Cite this figure: Median demurrage bill, when charged

Freight Benchmarks (2026). Median demurrage bill, when charged: $490. Per shipment, among 222 paying shipments across all published ports. Shipments first invoiced July 2024 to June 2026; data version 2026-10-22. https://freightbenchmarks.com/answers/late-demurrage-invoice/#fig-national-demurrage-median-usd (CC BY 4.0)

Median per diem bill, when charged
$370
Per shipment
Cite this figure: Median per diem bill, when charged

Freight Benchmarks (2026). Median per diem bill, when charged: $370. Per shipment, among 344 paying shipments across all published ports. Shipments first invoiced July 2024 to June 2026; data version 2026-10-22. https://freightbenchmarks.com/answers/late-demurrage-invoice/#fig-national-per-diem-median-usd (CC BY 4.0)

Shipments that paid per diem (detention)
3.7%
All US import container shipments
Cite this figure: Shipments that paid per diem (detention)

Freight Benchmarks (2026). Shipments that paid per diem (detention): 3.7%. Share of 8,298 US import container shipments across all published ports; 95% range 3.4% to 4.2%. Shipments first invoiced July 2024 to June 2026; data version 2026-10-22. https://freightbenchmarks.com/answers/late-demurrage-invoice/#fig-national-per-diem-incidence-pct (CC BY 4.0)

The clock has to stop first

Delay charges are counted in days, so nobody can total them until the days stop. Demurrage stops when the loaded container leaves the terminal. Per diem stops when the empty is returned, which can be well after the delivery itself. Storage stops when the cargo leaves the yard or warehouse. Your first invoice, for ocean freight, customs clearance and delivery, is usually issued long before any of that, so the delay charges follow on a second or third invoice.

Then each billing party has a window

The Federal Maritime Commission’s billing rule sets how long each party may take, in 46 CFR 541.7:

  • An ocean carrier or marine terminal operator has 30 calendar days from the last day the charge was incurred.
  • An NVOCC passing on a carrier’s or terminal’s charge has 30 calendar days from the date of the invoice it received.
  • A corrected invoice sent because the first one went to the wrong party still has to be issued within 30 days of the last day the charge was incurred.

Stack those windows on a per diem clock that ran until the empty was returned, and a bill can arrive close to two months after the last day charged and still be on time. The rule covers carriers, terminals and NVOCCs. A trucker’s or customs broker’s pass-through invoice isn’t covered by it, but the carrier or terminal invoice behind it is, so ask for that invoice and its date.

When a late invoice doesn’t have to be paid

If the party that issued the invoice missed its window, you are not required to pay it. The invoice has to show its issue date and the dates the charges cover, so the check is quick. A federal appeals court set aside a different part of the rule in 2025, the section on who may be billed; the FMC says the 30-day deadline and the content requirements still apply. This is general information, not legal advice.

How often this happens

Most shipments never see a demurrage or per diem bill. In Freight Benchmarks’ invoice data, 2.4% of US import container shipments paid demurrage and 3.7% paid per diem. The ones that do can pay a lot: 1 in 10 demurrage bills was over $2,870 per shipment. A late bill is easier to accept when you saw it coming, so track the free time and the empty return while the shipment is live, and see why freight bills come in higher than quotes for the other charges that arrive after delivery.

What to do

  1. When the container is delivered, ask your forwarder for its last free day, the date it left the terminal and the date the empty was returned. Those dates set the demurrage and per diem.
  2. Keep the gate-out and empty-return receipts until the last invoice is settled.
  3. When a late invoice arrives, compare its date with the last date charged: more than 30 days apart for a carrier or terminal, or more than 30 days after the invoice an NVOCC received, and it doesn’t have to be paid.
  4. Check the rest of the invoice too: see how to dispute a demurrage or detention invoice.
  5. Budget for a second invoice on every shipment until the empty is back.

Questions

How late can a carrier send a demurrage invoice?

Under the FMC's billing rule (46 CFR 541.7), an ocean carrier or marine terminal operator must issue a demurrage or detention invoice within 30 calendar days of the last day the charge accrued. If it doesn't, the billed party is not required to pay the charge.

How long does my forwarder have to pass on a demurrage bill?

If your forwarder is an NVOCC billing you for a carrier's or terminal's charge, the FMC's rule gives it 30 calendar days from the date of the invoice it received. The rule doesn't set deadlines for parties it doesn't cover, such as truckers.

Why is per diem billed so long after delivery?

Per diem runs until the empty container is returned, so it can't be totaled before then. The carrier then has up to 30 days to invoice it, and an NVOCC passing it on has 30 days from that invoice.

Do I have to pay a demurrage invoice that arrives after the deadline?

Under the FMC's billing rule, the billed party is not required to pay a demurrage or detention invoice issued outside the 30-day window, or one that leaves out required information. Check both before you pay. This is general information, not legal advice.

Sources

Free quote · no obligation

Want delay charges spelled out before you ship?

Tell us the lane. One licensed forwarder partner that serves it quotes ocean freight, customs clearance and delivery, with free time, demurrage and per diem terms in writing before you book.

  • Drayage, chassis and port fees listed line by line
  • Free time and demurrage terms in writing before you book
  • A reply within one business day
A logistics worker in a hard hat and hi-vis jacket checks a tablet at a loading dock beside a forklift

Request a quote

More about the shipment (optional, helps the partner quote faster)
Who books the ocean freight today?
What went wrong recently?

For companies importing commercial cargo. Freight Benchmarks is not a forwarder and doesn't arrange freight. The quote is free, comes from the partner, and you're under no obligation.