46-U.S.C.-40503
§40503 – Refunds and Waivers
Pathway
Title 46 > Subtitle IV > Part A > Chapter 405 > Section 40503
Details
- Reference: Section 40503
- Legend: §40503 – Refunds and Waivers
- USCode Year: 2013
Provision Content
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.)
| 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.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-40304 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-40304, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
19-U.S.C.-1981 in the Legal Encyclopedia: Tariffs
In this entry about 19-U.S.C.-1981, find legal reference material, bibliographies and premiere content related to tariffs in the American Encyclopedia of Law, presenting a comprehensive view of the United States tariffs-specific issues, written by authorities in the field.
Title 46 – Shipping in the Legal Encyclopedia: Regulation of Ocean Shipping
In this entry about Title 46 – Shipping, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.
46-U.S.C.-40501 in the Legal Encyclopedia: Contracts
In this entry about 46-U.S.C.-40501, find legal reference material, bibliographies and premiere content related to contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States contracts-specific issues, written by authorities in the field.
Leave a Reply