How to Contest Demurrage and Detention During a Customs Hold in the U.S.

Demurrage and detention (D and D) can stack up while a container sits under a government hold. The FMC’s billing rule gives you clear windows and invoice requirements you can use when charges do not match the facts. Use this plan to capture evidence, check whether the invoice is compliant, and dispute on time.

TLDR

Invoices must be issued within 30 calendar days from when charges were last incurred. If late, you do not have to pay.
Invoices must include specific identifying, timing, rate, dispute, and certification details. If required items are missing, you do not have to pay.
The billing party can invoice either the contracting party or the consignee, not both.
You have at least 30 calendar days from invoice issuance to request mitigation, refund, or waiver, and the billing party should attempt to resolve within 30 days.
Government inspections and lack of appointments are relevant under the FMC’s incentive principle. Document unavailability carefully.

Step 1. Capture the facts while the hold is active

Event log. Screenshot terminal and CES appointment calendars showing no slots, gate closures, closed yard messages, cutoffs, and return restrictions. Timestamp everything.
Hold evidence. Keep the hold code from the line or terminal, CES booking emails, and any agency notices that prevented pickup or return.
Availability proofs. For imports, record the first container availability notice and any changes. For exports, record earliest return date messages and any restrictions.
Who is proper to bill. Note who contracted for ocean transport or storage and whether you are consignee. This matters if the invoice went to the wrong party.

Proof note you can cite in emails

“Under 46 CFR 541.7, invoices must be issued within 30 calendar days from when charges were last incurred. Under 46 CFR 541.6 and 541.5, invoices must include required items or the billed party is not obligated to pay. We have attached evidence of unavailability during the government hold consistent with 46 CFR 545.5.”

Step 2. Build a clean dispute file

Cover letter that maps attachments to the invoice items and to the dates in dispute.
Appointment log with screenshots for each attempt to pick up or return, plus terminal responses.
Hold timeline from the carrier, terminal, CES, and the agency notice. Include presentation date, exam booking, and release.
Invoice audit that checks all required fields below. If items are missing or the invoice is late, state that you are not obligated to pay under the rule.

What a compliant invoice must include

Identifying info: bill of lading number, container number, import port of discharge, and a statement showing why you are the proper billed party.
Timing info: invoice date, due date, allowed free time, start and end of free time, container availability date for imports, earliest return date for exports, and the specific dates charged.
Rate info: total amount due, the tariff or service contract rule that sets the daily rate, and the specific rate or rates used.
Dispute info: contact method for questions and a digital link that explains what to provide for mitigation or refund and the timeframes the billing party uses to resolve requests.
Certifications: statements that the invoice complies with FMC rules including 46 CFR 545.5 and that the billing party’s performance did not cause or contribute to the charges.

Invoices issued on or after May 28, 2024 must be compliant.

The timers that matter

Issuance window: 30 calendar days from when the charge was last incurred. If late, no obligation to pay. Special case for NVOCC pass-through invoices also 30 days from the invoice it received.
Dispute window: at least 30 calendar days from invoice issuance to request mitigation, refund, or waiver.
Resolution target: billing party should attempt to resolve within 30 days of receiving the request, or another date if both sides agree.
Who can be billed: either the contracting party or the consignee. The billing party cannot bill both or bill any other party.

Two copy-ready emails

Subject: Evidence of unavailability during government hold for [Container]

Our container was under a government hold from [date] to [date]. We attempted pickup or return on [dates and times]. Screenshots attached show no appointment availability or closed gates. Please note that under 46 CFR 545.5, demurrage and detention should incentivize fluidity and not apply when retrieval or return is unavailable due to government action. We request a waiver for the dates listed.

Subject: Dispute of demurrage and detention invoice [invoice number]

We dispute charges dated [dates]. The invoice was issued on [date] and omits required items [list], contrary to 46 CFR 541.6 and 541.5. Evidence attached shows unavailability during a government hold. Please treat this as a timely request for mitigation or refund within 30 days of issuance per 46 CFR 541.8 and confirm resolution within 30 days.

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References

This guide is general information for containerized ocean freight operations. It is not legal or compliance advice. Rules and clocks are jurisdiction specific and can change. Verify with your licensed customs broker, customs attorney, and the relevant agency before acting. Last reviewed: August 12, 2025.

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