FEDERAL · 46 U.S.C. · Chapter 405
Refunds and waivers
Current through Pub. L. 119-102
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 wi
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Related
TAG/ICIB Services, Inc. v. Sedeco Servicio De Descuento en Compras
570 F.3d 60 (First Circuit, 2009)
Source Credit
History
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.)
Editorial Notes
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.
In paragraph (2), the words "or waive" are added for consistency with the reference to a waiver later in the paragraph.