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Freight charges / Article 8

A customs hold stops your container. It does not always stop the bill.

What the FMC rules say about demurrage during government inspections, and what is worth questioning.

A container goes on a CBP exam or an FDA hold. It cannot leave the terminal until it is released, and the days keep counting. When the demurrage bill arrives, many importers assume nothing can be done because the government caused the delay.

That is not quite right, and it is not the opposite either. There is no automatic waiver. But a hold is a real factor the FMC considers, and some parts of the bill are worth questioning.

What the FMC rule says

The FMC's interpretive rule on demurrage and detention, 46 CFR 545.5, rests on what it calls the incentive principle. Demurrage and detention are meant to work as financial incentives that keep cargo moving.

Government inspections are one of the situations the rule addresses. When it reviews whether a charge during an inspection was reasonable, the Commission may consider whether the charge was actually serving that purpose. A container held by CBP cannot be picked up, however quickly the importer acts.

The FMC has also noted an earlier decision that carriers are not required to extend free time to cover government inspections. So a hold is a factor in the reasonableness review, not a rule that cancels the charge.

Where this matters on the invoice

Every carrier and terminal demurrage invoice must include a statement that the charges are consistent with the FMC's demurrage and detention rules, including 545.5 (541.6(e)). The invoice must also show the specific dates charged and the container availability date (541.6(b)). Those dates are what let you see how many charged days fell inside the hold.

If you take a demurrage or detention charge to the FMC as a Charge Complaint, the carrier carries the burden of showing the charge was reasonable under 545.5.

What is usually not waived

Not every cost during a hold is demurrage. Part 541 covers invoices from ocean carriers, NVOCCs and marine terminals. A bill from another provider, such as a centralized examination station, is outside it.

Carriers also draw this line themselves. Maersk's US import page, for example, says a customs hold dispute needs a statement that the hold was not caused by the shipper or its agents, and that the customer may stay liable for third-party costs such as terminal charges, rail storage, and moves to and from government facilities. Policies differ by carrier, so check your own carrier's terms.

How to check one

  • 1. Get the hold and release dates. Use the CBP or FDA notices, or ask your customs broker.
  • 2. Line them up against the charged dates. Count how many charged days fell inside the hold.
  • 3. Ask what caused the hold. If it came from missing or wrong paperwork on the importer's side, the case is weaker. A random exam or a hold you could not have avoided is stronger.
  • 4. Separate the charges. Carrier or terminal demurrage is one line. Exam station fees and extra trucking are separate bills.
  • 5. Check the invoice itself. A hold does not change the Part 541 basics. Missing required details or an invoice sent too late still matter.
  • 6. Ask in time. You have at least 30 days from the invoice date to request a refund or waiver (541.8). Some carriers allow longer, so check yours.

Want a second look?

If you paid or received a demurrage bill for days your container sat on a CBP or FDA hold, send it with the hold and release dates. I will tell you plainly which days are worth questioning and which are not.

Related: How to dispute demurrage charges

Learn about the demurrage audit All articles

This article is a plain summary of published rules, not legal advice.