Skip to content
ATAHSKIA
FMC Charge Complaints
Start free trial

46 U.S.C. § 41310 · added by OSRA 2022

When a valid dispute is denied, the burden moves to the carrier.

ATAHSKIA turns the audit, the dispute history and the evidence into a complete charge complaint dossier for you to submit.

Start free trialRead the rules guide

Interactive

Assemble the complaint file.

Six sections, each fed by records the platform already holds. Attach the missing ones and the dossier is ready to export.

Charge complaint dossier · 46 U.S.C. § 41310

Northgate Auto Components v. Atlas Pacific Lines · APL-DM-0934417

Ready50%

  1. Complainant and respondent

    Billed party and the common carrier (VOCC or NVOCC) that assessed the charge. Terminal charges qualify only when assessed on a carrier's behalf.

    Company profileCarrier tariff publication

  2. The charge

    Invoice numbers, containers, B/L, dates charged, rate, amount, and proof of payment if paid.

    Invoice scansPayment remittance

  3. How the charge violates the Act

    Each defect mapped to 46 U.S.C. § 41102(c) or § 41104(a), with the Part 541 and § 545.5 sections that make it concrete.

    Audit findingsRule citations

  4. Dispute history

    Your § 541.8 relief request, the date received, the billing party's reply or silence, and why the denial fails.

    Relief requestCarrier denial

  5. Operational evidence

    Availability, holds, gate closures, appointment captures and empty-return notices for every disputed day.

    Milestone recordTerminal captures

  6. Relief sought

    Refund or waiver of the specific amount. For D&D charges the carrier bears the burden of establishing reasonableness.

    Amount schedule

3 sections still need records before export.

The process

How a charge complaint moves.

  1. § 41310

    Any person may submit

    A charge complaint alleges that a common carrier's charge violates § 41104(a) or § 41102(c). It is an administrative process, distinct from a formal complaint proceeding.

  2. Burden

    Reasonableness is the carrier's to prove

    For demurrage and detention, the common carrier bears the burden of establishing the reasonableness of the charge. A thin record from the carrier side is a weak record.

  3. Evidence

    Your record does the talking

    Invoices, the § 541.8 request and the reply, the Part 541 defects, and the day-by-day milestone timeline. The dossier links every assertion to an exhibit.

  4. Relief

    Refund or waiver

    If the Commission finds a violation it can order the charge refunded or waived. Carriers can resolve the matter at any time by refunding or waiving voluntarily.

Why the leverage matters

Nine of the largest carriers charged about $8.9 billion in D&D between 2020 and 2022.

D&D charged by nine of the largest carriers, 2020 to 2022
$8.9B
of that total actually collected
$6.9B

Source: FMC, Final Rule, 89 Fed. Reg. 14330

Boundaries

Software prepares. You decide and submit.

Escalation is a business decision as much as a legal one. ATAHSKIA shows the amount at stake, the strength of each ground and the carrier's history in your book, then hands your team a finished file. Nothing goes to the Commission without your authorization and direction.

For multi-million-dollar disputes, formal complaints for reparations under 46 U.S.C. § 41301, or any matter heading toward litigation, bring in maritime counsel. The dossier exports cleanly for their review.

Charge complaint FAQ

Does ATAHSKIA submit the complaint?

No. ATAHSKIA compiles the dossier. The billed party, or its counsel, reviews and submits it to the Commission. ATAHSKIA is not a law firm and does not represent anyone before the FMC.

Which charges can go through the charge complaint process?

Charges assessed by an ocean common carrier (including NVOCCs) alleged to violate 46 U.S.C. § 41104(a) or § 41102(c), invoiced on or after June 16, 2022, when OSRA 2022 took effect. Marine terminal charges are covered only when assessed on a carrier's behalf. Detention and demurrage disputes are the most common type the Commission sees.

Who has to prove what?

For demurrage and detention charges, the common carrier bears the burden of establishing that the charge was reasonable. The dossier is organized to put that burden in front of the reviewer immediately.

What outcomes are possible?

The Commission can order a refund or waiver of a charge it finds unlawful. Carriers may also refund or waive the charge before a decision, which typically closes the matter. For civil penalties or complex formal proceedings, involve maritime counsel.

More of the platform

Don't let your 30-day dispute window expire.

Send your recent D&D invoices for a free audit. We report what is recoverable within 48 hours.

Claim free 12-month auditExplore demo