What a D&D invoice must contain under the FMC rule — the complete 46 CFR § 541.6 checklist

Why the checklist matters: § 541.5

The rule's enforcement mechanism is unusually direct. Quoting 46 CFR § 541.5 in full:

“Failure to include any of the required minimum information in this part in a demurrage or detention invoice eliminates any obligation of the billed party to pay the applicable charge.”

So the first step with any D&D invoice is mechanical: check it against the list below. Note the scope — this part applies to demurrage/detention invoices issued by ocean common carriers, marine terminal operators, and non-vessel-operating common carriers (46 CFR § 541.2). It does not govern, for example, a railroad billing you directly for rail storage.

One caveat when reading older articles about this rule: the original § 541.4, which restricted who could be billed, was set aside by the D.C. Circuit in World Shipping Council v. FMC (Sept. 23, 2025) and removed from the CFR effective December 29, 2025. The invoice-content, timing, and dispute provisions cited on this page (§§ 541.5–541.8) were not part of that decision and remain in force.

The required minimum contents (46 CFR § 541.6)

(a) Identifying information

• The bill of lading number(s) (§ 541.6(a))
• The container number(s) (§ 541.6(a))
• For imports, the port(s) of discharge (§ 541.6(a))
• The basis for why the billed party is the proper party of interest and thus liable for the charge (§ 541.6(a))

(b) Timing information

• The invoice date (§ 541.6(b))
• The invoice due date (§ 541.6(b))
• The allowed free time in days (§ 541.6(b))
• The start date of free time (§ 541.6(b))
• The end date of free time (§ 541.6(b))
• For imports, the container availability date (§ 541.6(b))
• For exports, the earliest return date (§ 541.6(b))
• The specific date(s) for which demurrage and/or detention were charged (§ 541.6(b))

(c) Rate information

• The total amount due (§ 541.6(c))
• The applicable detention or demurrage rule (e.g., tariff name and rule number, terminal schedule, service contract number and section, or negotiated arrangement) on which the daily rate is based (§ 541.6(c))
• The specific rate or rates per the applicable tariff rule or service contract (§ 541.6(c))

(d) Dispute information

• Contact information (email, phone, or other) for questions or requests for fee mitigation, refund, or waiver (§ 541.6(d))
• Digital means (URL, QR code, or similar) to a publicly accessible website describing the documentation needed to request mitigation, refund, or waiver (§ 541.6(d))
• Defined timeframes for requesting mitigation/refund/waiver and for the billing party to resolve such requests, consistent with the rule (§ 541.6(d))

Section 541.6 also requires the invoice to be accurate and contain sufficient information for the billed party to identify the containers, the relevant time period, how the amount was calculated, and how to dispute it — the enumerated items are minimums, not the whole standard.

Two timing rules worth knowing

• Late invoice → not payable. A billing party must issue the invoice within 30 calendar days from the date the charge was last incurred; if it doesn't, “the billed party is not required to pay the charge” (46 CFR § 541.7(a)). An NVOCC passing a charge through gets 30 days from the invoice it received (§ 541.7(b)).
• You get at least 30 days to dispute. The billing party must allow at least 30 calendar days from the invoice issuance date to request fee mitigation, refund, or waiver — and must attempt to resolve the request within 30 calendar days of receiving it, unless both parties agree to a later date (46 CFR § 541.8).

Beyond the checklist: is the math right?

A compliant invoice can still be a wrong invoice. Common errors worth recomputing yourself: free time consumed by days the terminal wasn't operating, a printed last free day that doesn't match the availability date plus contractual free days, and chargeable-day counts that include days when pickup wasn't possible. Separately from the billing rule, the FMC's interpretive rule on demurrage and detention (46 CFR § 545.5) says the Commission considers whether charges serve their purpose as incentives — for example, practices that impose detention when empty containers cannot be returned are, in the rule's words, “likely to be found unreasonable” absent extenuating circumstances.