Logistics & shipments
U.S. FMC clarifies filing routes for carrier charge complaints
The Federal Maritime Commission (FMC) issued a rule, effective September 1, 2026, clarifying that a Charge Complaint about a common carrier's charges can be filed through its Interim Procedure, as a private party formal complaint or as a small claims complaint. In each route the carrier bears the burden of proving demurrage or detention charges are reasonable.
What changed
A filing is a Charge Complaint when it concerns charges assessed by a common carrier, alleges a violation of 46 U.S.C. 41104(a) and/or 41102, and includes the bill of lading numbers and invoices.
There is no statute of limitations, but the charge must have been assessed after OSRA 2022 took effect on June 16, 2022; reparation complaints under 41301 keep a three-year limit.
The Interim Procedure stays in place, charges no fee and lets FMC staff request missing information, while formal and small claims filings cost $387 and $176. Small claims of $50,000 or less need both parties' consent, and civil penalties do not count toward that limit. The routes cannot run at the same time.
The FMC calls the changes informational. For context, on March 6, 2026 it ordered Hapag-Lloyd AG to show cause why it should not refund or waive charges (Docket CC-002).
What an import team should check
- Keep bill of lading numbers and carrier invoices with every disputed demurrage, detention or other carrier charge, since both are needed for a filing to count as a Charge Complaint.
- Decide with your trade counsel whether to use the fee-free Interim Procedure or a formal ($387) or small claims ($176) complaint, knowing the routes cannot run at the same time.
- Review disputed carrier charges assessed since June 16, 2022, because Charge Complaints have no statute of limitations, unlike three-year reparation claims.