U.S. Code » Title 46 » Subtitle Subtitle IV— Regulation of Ocean Shipping › Part Part A— Ocean Shipping › Chapter CHAPTER 405— TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS

46 U.S.C. § 40503

Refunds and waivers

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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.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1535.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

40503

46 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.

Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: TAG/ICIB Servs., Inc. v. Sedeco Servicio De Descuento en Compras, 570 F.3d 60 (1st Cir. 2009).
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TAG/ICIB Servs., Inc. v. Sedeco Servicio De Descuento en Compras, 570 F.3d 60 (1st Cir. 2009). “See 46 U.S.C. § 40503 . But the present action is one to collect an unpaid charge, not for a refund of an overcharge.”
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