2018 US Code
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

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Citation 46 U.S.C. § 40503 (2018)
Section Name §40503. Refunds and waivers
Section Text

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.

Source Credit

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

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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.

Publication Title United States Code, 2018 Edition, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle IV - Regulation of Ocean Shipping
Part A - Ocean Shipping
Sec. 40503 - Refunds and waivers
Contains section 40503
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 98 Stat. 75
112 Stat. 1907
120 Stat. 1535
Public Law References Public Law 98-237, Public Law 105-258, Public Law 109-304
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