San Juan, Puerto Rico · Alaska, Hawaii & Territories
Port of San Juan container demurrage & detention dispute guide
Puerto Rico's main container gateway: Puerto Nuevo Terminals and Crowley's Isla Grande terminal handle Jones Act and foreign trade. Which rules apply depends on the trade lane.
- Authority
- Puerto Rico Ports Authority (Autoridad de los Puertos)
- Container terminals
- 3
The port at a glance
The Port of San Juan is administered by the Puerto Rico Ports Authority and is Puerto Rico's main container gateway. Container traffic runs through two operators. In the Puerto Nuevo complex, Puerto Nuevo Terminals (PNT) is a 50/50 joint venture between Luis Ayala Colón and Puerto Rico Terminals, an affiliate of TOTE Maritime Puerto Rico and Intership, approved under an FMC-filed agreement in 2019 and 2020. Across the harbor, Crowley operates its Isla Grande terminal under a long-term lease with the Ports Authority, with a 900-foot pier and ship-to-shore gantry cranes built for its LNG-powered container and ro-ro ships, and an LNG-fueled microgrid under construction for resilience. The island depends on these terminals for food, consumer goods, pharmaceutical inputs and construction materials.
D&D in San Juan has two features that set it apart. First, much of the cargo moves in the domestic Jones Act trade between the US mainland (largely Jacksonville) and Puerto Rico, often in trailers as well as containers, while other cargo arrives in foreign commerce from Europe, Asia, Latin America and the Caribbean. Second, the island is highly exposed to hurricanes: after Hurricane Maria, the port reopened on September 23, 2017, and the backlog of containers that followed is a reminder of how quickly free time disappears when roads, power and warehouses are down.
The most important check for a San Juan invoice is which regulatory regime applies. 46 CFR Part 541 governs demurrage and detention invoices issued by ocean common carriers (VOCCs and NVOCCs) and marine terminal operators in connection with US foreign commerce, and the charge complaint process in 46 U.S.C. § 41310 is built on the Shipping Act. Rates and practices of carriers in the domestic offshore Jones Act trade between the mainland and Puerto Rico fall under a different framework, with rate reasonableness overseen by the Surface Transportation Board. Before relying on Part 541, confirm the shipment's trade lane and the billing party's role.
Container terminals
Puerto Nuevo Terminals (PNT)
Joint venture of Luis Ayala Colón and Puerto Rico Terminals (TOTE Maritime Puerto Rico and Intership affiliate) · Puerto Nuevo complex; combined terminal operation under an FMC-filed agreement
Crowley Isla Grande terminal
Crowley · 900-foot pier and ship-to-shore gantry cranes; long-term lease with the Puerto Rico Ports Authority
Puerto Nuevo public cargo facilities
Puerto Rico Ports Authority (landlord) · Main public cargo complex of the Port of San Juan
Appointments & empty returns
- Container status, gate procedures and pickup arrangements are handled by each terminal operator (PNT or Crowley) and by the ocean carrier for its own cargo.
- The Puerto Rico Ports Authority publishes port notices, and U.S. Coast Guard Sector San Juan sets hurricane port conditions that govern when vessels and terminals can operate.
- For foreign-origin cargo, CBP hold status in ACE is the authoritative record for when a container was released.
Chassis
Chassis and trailers in the Puerto Rico trade are largely supplied by the ocean carriers and terminal operators serving the island; no port-wide gray chassis pool is published for San Juan.
Where D&D builds up at San Juan.
Hurricanes and island-wide disruption
Hurricanes can close the port and also knock out roads, power and warehouses, so containers cannot be delivered even after the port reopens. Port condition notices and evidence of receiver closures help show the cargo owner could not act.
Mixed regulatory regimes
Foreign-commerce cargo is covered by 46 CFR Part 541 and the § 41310 charge complaint process, while domestic Jones Act cargo from the mainland is subject to a different framework. Disputes need the right legal basis for each shipment.
Concentrated terminal capacity
With two container terminal operators, a disruption at either one affects a large share of the island's cargo. Gate or yard restrictions should be documented from the operator's notices.
CBP and agricultural holds on foreign cargo
Foreign-origin containers can be held by CBP or for agricultural inspection. Free time should not start before the last hold is released.
Island trucking and warehouse capacity
Drayage and warehouse capacity on the island is finite, and peaks after storms or holidays can delay deliveries and empty returns. Receiving refusals and trucker availability records support detention disputes.
Free time and disputes at San Juan
Start by classifying the shipment. For cargo moving in US foreign commerce, demurrage and detention invoices from ocean common carriers, NVOCCs and marine terminal operators must meet 46 CFR Part 541: § 541.6 requires the applicable rule, the free time in days, the free-time start and end dates, the container availability date, the specific dates charged, the rate and the other minimum elements, and § 541.5 removes the obligation to pay when they are missing. For domestic Jones Act cargo between the mainland and Puerto Rico, free time and charges are governed by the carrier's published domestic rates and your contract, and disputes follow that framework rather than Part 541.
For foreign-commerce invoices, test the dates. Compare the free-time start with the terminal's availability history and CBP hold releases. Remove days covered by hurricane port conditions, and document when roads, power or receiving facilities made delivery impossible. Compare detention days with empty return instructions. Charges for days when the cargo could not move are what the incentive principle in 46 CFR § 545.5 addresses.
The Part 541 clocks apply to each covered invoice: the billing party must issue within 30 calendar days of when the charge was last incurred (§ 541.7), and the billed party has at least 30 calendar days from issuance to request mitigation, refund or waiver (§ 541.8), with resolution due within 30 days of receipt. ATAHSKIA classifies each invoice by trade lane, files relief requests for covered charges inside the window, and compiles a 46 U.S.C. § 41310 charge complaint for the billed party to submit where a foreign-commerce dispute is not resolved.
San Juan D&D FAQ
Does 46 CFR Part 541 apply to D&D on cargo shipped from Jacksonville to San Juan?
Part 541 is written for ocean common carriers and marine terminal operators in US foreign commerce. Domestic Jones Act cargo between the mainland and Puerto Rico falls under a different framework, so check the trade lane before relying on Part 541. Foreign-origin cargo arriving in San Juan is covered.
Who operates the container terminals in San Juan?
Puerto Nuevo Terminals, a joint venture of Luis Ayala Colón and Puerto Rico Terminals (an affiliate of TOTE Maritime Puerto Rico and Intership), operates in the Puerto Nuevo complex, and Crowley operates its Isla Grande terminal.
How should importers document a hurricane-related D&D dispute in San Juan?
Keep the U.S. Coast Guard port condition notices, terminal closure notices and evidence that roads, power or the receiving warehouse were unavailable. For foreign-commerce cargo, raise them in a relief request within the § 541.8 window.
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