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?

Example value: replace it.

Example value: replace it.

With these figures

fits on paper

Volume used83%
Weight used75%

The first two fields hold examples, not measures of any container. Ask your trucker for the road limit too.

What to ask your carrier →

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 feet339 ft³
One carton0.096 m³

Outer carton size, without pallets or gaps.

Check it against your container →

Rates read by Radif Partners · Editorial policy · Method and sources

What the rule looks at

Our summary, read on November 2, 2026. Other factors can count too, as the rule says.
Point in 46 CFR 545.5What the Commission may consider
Cargo availabilityWhether demurrage or free time relates to cargo being available for retrieval
Empty container returnDetention when empties cannot be returned is likely unreasonable, absent extenuating circumstances
NoticeThe type, recipient, format, distribution, timing and effect of notice that cargo is available
Government inspectionsWhether the charges serve their purposes, and extenuating circumstances
PoliciesWhether they exist, are accessible, and are clear, including on disputes and billing
TerminologyWhether 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.

Questions importers ask

How long is free time at a US port?

The rule does not set a number, and we did not read a carrier’s or terminal’s tariff, so we state none. Ask your forwarder for the terms in writing, and enter them in your own plan. Under 46 CFR 545.5, the Commission may consider whether free time relates to cargo being available for retrieval, and how the regulated entity gives notice of that availability.

Can I dispute a demurrage invoice?

The rule looks at dispute policies. The Commission may consider whether policies on demurrage and detention exist, how accessible and clear they are, and whether they give points of contact, timeframes and corroboration requirements. So ask the party billing you for its policy and the dates behind the charge, and keep your records. This is not legal advice: ask the Commission or counsel about a specific dispute.

Does customs inspection stop the demurrage clock?

The rule does not say that it does. On government inspections, it says the Commission may consider how far the charges serve their intended purposes, and any extenuating circumstances. It is an interpretation for assessing reasonableness, so it does not set a rule on when a clock stops. Read the terms of your own carrier and terminal, and tell your forwarder as soon as you hear of an inspection.

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Official sources behind this page

Written by

Independent publisher of a reference to US import duties: the tariff schedule, additional duties by origin, customs fees and freight measures, with free calculators

Tariff and notices read on · Editorial policy · Contact

US tariff schedule 2026, read in the USITC files and the Federal Register, last checked on