Freight
Demurrage and detention: what the FMC rule says
Independent site, not a government agency or a customs broker. General information, not legal advice or customs advice.
Check the box against your cargo first, then read how the federal rule looks at charges for time at the port and with the box.
Does your cargo fit this container?
With these figures
fits on paper
| Volume used | 83% |
| Weight used | 75% |
The first two fields hold examples, not measures of any container. Ask your trucker for the road limit too.
Demurrage and detention are charges related to the use of marine terminal space or shipping containers. 46 CFR 545.5, the Federal Maritime Commission’s rule, treats both terms as covering any such charges, including “per diem”, by ocean common carriers, marine terminal operators and ocean transportation intermediaries, and it leaves out freight charges. It sets out how the Commission reads the ban on unjust and unreasonable practices in this setting. Its main test is the incentive principle: the Commission looks at how far these charges serve their primary purpose, as financial incentives to promote freight fluidity. So it may consider whether demurrage or free time relates to cargo being available for retrieval. Detention that cannot serve that purpose, such as when empty containers cannot be returned, is likely to be found unreasonable, absent extenuating circumstances. The amounts are not in the rule. We read no tariff and estimate none. Read on November 2, 2026.
Cubic meters of a shipment
Total volume
9.6 m³
| In cubic feet | 339 ft³ |
| One carton | 0.096 m³ |
Outer carton size, without pallets or gaps.
Rates read by Radif Partners · Editorial policy · Method and sources
What the rule looks at
| Point in 46 CFR 545.5 | What the Commission may consider |
|---|---|
| Cargo availability | Whether demurrage or free time relates to cargo being available for retrieval |
| Empty container return | Detention when empties cannot be returned is likely unreasonable, absent extenuating circumstances |
| Notice | The type, recipient, format, distribution, timing and effect of notice that cargo is available |
| Government inspections | Whether the charges serve their purposes, and extenuating circumstances |
| Policies | Whether they exist, are accessible, and are clear, including on disputes and billing |
| Terminology | Whether terms are clearly defined, and how they differ from use elsewhere |
Limits of this page
The rule guides how the Commission reads the law, and each case turns on its facts. It covers containerized cargo. It gives no amounts and no number of free days, and neither do we. It may also use the terms differently from your contract, and it says the Commission can look at how terms are defined.
In your landed cost
If you expect such charges, add them under your costs in the landed cost calculator. They go on the total and change no duty percentage.