FMCFinal Rule

Demurrage and Detention Billing Requirements Properly Issued Invoices Provision Set Aside by Court

TransportationFinance & Banking

Summary

A federal court has set aside a rule that required shipping companies to issue proper invoices when charging customers for demurrage and detention fees (charges for keeping shipping containers longer than allowed). This decision means the Federal Maritime Commission's billing requirements for these charges are no longer in effect, which could affect how shipping companies bill their customers.

Key Points

  • 1A court ruled that the FMC's rule requiring properly formatted invoices for demurrage and detention charges is invalid and cannot be enforced
  • 2Demurrage and detention fees are charges that shipping companies impose when customers keep shipping containers beyond the allowed free time period
  • 3Without this rule in place, shipping companies may have fewer requirements about how they format and issue bills for these container-related charges
  • 4This affects importers, exporters, and businesses that use shipping containers, as they may see changes in how they receive and are charged for these fees
  • 5The decision returns billing practices for these fees to whatever rules or standards existed before this particular regulation was adopted

Impact Assessment

If you are an importer or exporter, this means shipping companies are no longer required to provide detailed invoices for demurrage and detention charges, which could make it harder to verify the accuracy and legitimacy of these fees on your bills.

Impact Level
Significant
Geographic Scope

National

Compliance Cost

None

Who is Affected
Importers/ExportersTransportation CompaniesConsumers

Key Dates

Published

December 29, 2025

Regulatory Connections

Amends CFR Sections
46 CFR Part 545

This summary is for informational purposes only. It may not capture all nuances of the regulation. Always refer to the official text for authoritative information.