Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
52 lines
2.8 KiB
Markdown
52 lines
2.8 KiB
Markdown
---
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type: "LegalText"
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title: "46 U.S.C. § 41310"
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description: "Charge complaints"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 46
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title_name: "SHIPPING"
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chapter_number: "413"
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chapter_name: "ENFORCEMENT"
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section: "41310"
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citation: "46 U.S.C. § 41310"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip"
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source_identifier: "/us/usc/t46/s41310"
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source_file: "data/legal/raw/us/code/title-46/usc46.xml"
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source_hash: "7a7d69c5486db0064e54e26d715b773aab074f5a291430e2a11e9ae1c1308dc9"
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raw_snapshot_hash: "eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f"
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text_hash: "548cf3f513295927072fd02640f4264bf7e4367c8798b83bd3ec466022349101"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 46 U.S.C. § 41310 - Charge complaints
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## Text
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(a) In General.— A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.
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(b) Investigation.— Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—
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(1) be provided an opportunity to submit additional information related to the charge in question; and
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(2) bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).
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(c) Refund.— Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.
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(d) Penalties.— In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.
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(e) Considerations.— If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—
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(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and
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(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).
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(Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)
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