46 U.S.C.
United States Code, 2022 Edition
Title 46 - SHIPPING
Subtitle IV - Regulation of Ocean Shipping
Part A - Ocean Shipping
CHAPTER 405 - TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS
Sec. 40503 - Refunds and waivers
From the U.S. Government Publishing Office, www.gpo.gov

§40503. Refunds and waivers

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.