46 CFR Part 541 · Updated Nov 15, 2026
The FMC's demurrage and detention billing rule, in short
Since May 28, 2024, every demurrage, detention or per diem invoice from an ocean carrier, marine terminal operator or NVOCC must follow 46 CFR Part 541. Two parts of it decide whether you have to pay.
1. The 30-day deadline
A carrier or terminal must issue the invoice within 30 calendar days of the date the charge was last incurred. If it doesn't, "the billed party is not required to pay the charge." §541.7(a)
An NVOCC has 30 days from the date of the invoice it received from its own carrier. §541.7(b)
2. Required invoice contents
Missing any of these "eliminates any obligation of the billed party to pay the applicable charge." §541.5
| Item | Section |
|---|---|
| Bill of lading number(s) | 541.6(a)(1) |
| Container number(s) | 541.6(a)(2) |
| Port(s) of discharge (imports) | 541.6(a)(3) |
| Why the billed party is the proper party | 541.6(a)(4) |
| Invoice date and due date | 541.6(b)(1–2) |
| Free time in days, with start and end dates | 541.6(b)(3–5) |
| Container availability date (imports) | 541.6(b)(6) |
| Earliest return date (exports) | 541.6(b)(7) |
| Specific dates charged | 541.6(b)(8) |
| Total amount due | 541.6(c)(1) |
| Tariff, terminal schedule or contract rule the rate is based on | 541.6(c)(2) |
| The specific rate(s) under that rule | 541.6(c)(3) |
| Contact for questions, mitigation, refund or waiver | 541.6(d)(1) |
| Link or QR code to a public page on how to dispute | 541.6(d)(2) |
| Defined timeframes to dispute and to resolve | 541.6(d)(3) |
| Certification that charges follow FMC rules, incl. 46 CFR 545.5 | 541.6(e)(1) |
| Certification that the carrier's performance didn't cause the charges | 541.6(e)(2) |
3. Dispute timelines
- You get at least 30 days from the invoice date to request mitigation, a refund or a waiver. §541.8(a)
- The carrier must attempt to resolve your request within 30 days of receiving it. §541.8(b)
- If you already paid, you can also file a charge complaint with the FMC. For D&D charges, the carrier has to prove the charge was reasonable. 46 U.S.C. 41310
What changed. On Sept 23, 2025, the D.C. Circuit set aside §541.4, the section that limited who could be billed. The FMC removed it effective Dec 29, 2025. The deadline and required-contents rules above remain in force.