Euromarket Designs, Inc., Complainant v. MSC Mediterranean Shipping Company SA; Ocean Network Express Pte. Ltd.; Evergreen Line Joint Service Agreement (FMC Agreement No. 011982); Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited; Italia Marittima SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine (Singapore) Pte. Ltd.; HMM Company Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime Co., Inc.; China United Transport, Inc.; Cosco Shipping Lines Co., Ltd.; And Wan Hai Lines Ltd., Respondents; Notice of Filing of Complaint and Assignment, 3868-3869 [2025-00780]
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3868
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices
Respondents as ocean common carriers,
as defined in 46 U.S.C. 40102(18), that
has entered into a service contract, as
defined in 46 U.S.C. 40102(21), with
Complainant.
Complainant is a limited liability
company existing under the laws of
Delaware with a mailing address in New
Rochelle, New York that formerly
conducted business as ‘‘NBG Home.’’
Complainant identifies Respondent
Ocean Network Express Pte. Ltd. as a
company existing under the laws of
Singapore with its principal place of
business located in Singapore whose
agent in the United States is Ocean
Network Express (North America) Inc.
with its principal place of business
located in Richmond, Virginia.
Complainant identifies Respondent
Orient Overseas Container Line Limited
as a company existing under the laws of
Hong Kong with its principal place of
business located in Wanchai, Hong
Kong whose agent in the United States
is OOCL (USA) Inc. with its principal
place of business located in South
Jordan, Utah.
Complainant identifies Respondent
OOCL (Europe) Limited as a company
existing under the laws of the United
Kingdom with its principal place of
business located in Levington Suffolk,
United Kingdom whose agent in the
United States is OOCL (USA) Inc. with
its principal place of business located in
South Jordan, Utah.
Complainant identifies Respondent
Evergreen Marine Corporation (Taiwan)
Ltd. as a company existing under the
laws of Taiwan with its principal place
of business located in Taipei City,
Taiwan.
Complainant identifies Respondent
Evergreen Marine (UK) Limited as a
company existing under the laws of the
United Kingdom with its principal place
of business located in London, United
Kingdom.
Complainant identifies Respondent
Italia Marittima SpA as a company
existing under the laws of Italy with its
principal place of business located in
Trieste, Italy.
Complainant identifies Respondent
Evergreen Marine (Hong Kong) Ltd. as a
company existing under the laws of
Hong Kong with its principal place of
business located in Wan Chai, Hong
Kong.
Complainant identifies Respondent
Evergreen Marine (Singapore) Pte. Ltd.
as a company existing under the laws of
Singapore with its principal place of
business in Southpoint, Singapore.
Complainant identifies Respondent
Evergreen Line Joint Service Agreement
(FMC Agreement No. 011982) as a
vessel-operating ocean common carrier
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consisting of Evergreen Marine
Corporation (Taiwan) Ltd., Evergreen
Marine (UK) Limited, Italia Marittima
SpA, Evergreen Marine (Hong Kong)
Ltd., Evergreen Marine (Singapore) Pte.
Ltd., and non-party, Evergreen Marine
(Asia) Pte. Ltd.
Complainant identifies Respondent
Yang Ming Marine Transport
Corporation as a company existing
under the laws of Taiwan with its
principal place of business located in
Keelung City, Taiwan whose agent in
the United States is Yang Ming
(America) Corp. with its principal place
of business located in Newark, New
Jersey.
Complainant alleges that Respondents
violated 46 U.S.C. 41102(c), 41104(a)(2),
41104(a)(10); and 46 CFR 545.5.
Complainant alleges these violations
arose from a practice of systematically
failing to meet service commitments, the
use of coercion to require payment of
extracontractual surcharges prior to
performance of service commitments
and to require amendments to service
contracts, an unreasonable assessment
of demurrage and detention charges,
and other acts or omissions of the
Respondents.
An answer to the complaint must be
filed with the Commission within 25
days after the date of service.
The full text of the complaint can be
found in the Commission’s electronic
Reading Room at https://www2.fmc.gov/
readingroom/proceeding/25-02/. This
proceeding has been assigned to the
Office of Administrative Law Judges.
The initial decision of the presiding
judge shall be issued by January 8, 2026,
and the final decision of the
Commission shall be issued by July 22,
2026.
David Eng,
Secretary.
[FR Doc. 2025–00784 Filed 1–14–25; 8:45 am]
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FEDERAL MARITIME COMMISSION
[Docket No. 25–03]
Euromarket Designs, Inc., Complainant
v. MSC Mediterranean Shipping
Company SA; Ocean Network Express
Pte. Ltd.; Evergreen Line Joint Service
Agreement (FMC Agreement No.
011982); Evergreen Marine Corp.
(Taiwan) Ltd., Evergreen Marine (UK)
Limited; Italia Marittima SpA;
Evergreen Marine (Hong Kong) Ltd.;
Evergreen Marine (Singapore) Pte.
Ltd.; HMM Company Limited; Maersk
A/S; CMA CGM S.A.; Apex Maritime
Co., Inc.; China United Transport, Inc.;
Cosco Shipping Lines Co., Ltd.; And
Wan Hai Lines Ltd., Respondents;
Notice of Filing of Complaint and
Assignment
Served: January 8, 2025.
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (the ‘‘Commission’’) by
Euromarket Designs, Inc. (the
‘‘Complainant’’) against MSC
Mediterranean Shipping Company SA;
Ocean Network Express Pte. Ltd.;
Evergreen Line Joint Service Agreement
(FMC Agreement No. 011982);
Evergreen Marine Corp. (Taiwan) Ltd.,
Evergreen Marine (UK) Limited; Italia
Marittima SpA; Evergreen Marine (Hong
Kong) Ltd.; Evergreen Marine
(Singapore) Pte. Ltd.; HMM Company
Limited; Maersk A/S; CMA CGM S.A.;
Apex Maritime Co., Inc.; China United
Transport, Inc.; COSCO SHIPPING Lines
Co., Ltd.; and Wan Hai Lines Ltd.
(collectively, the ‘‘Respondents’’).
Complainant states that the Commission
has subject-matter jurisdiction over this
Complaint pursuant to the Shipping Act
of 1984, as amended, 46 U.S.C. 40101 et
seq. (the ‘‘Shipping Act’’). Complainant
states that the Commission has personal
jurisdiction over some of the
Respondents as ocean common carriers,
as defined in 46 U.S.C. 40102(18), that
entered into a service contract, as
defined in 46 U.S.C. 40102(21), with
Complainant, and others as vesseloperating ocean common carriers, as
defined in 46 U.S.C. 40102(18), and
non-vessel-operating common carriers,
as defined in 46 U.S.C. 40102(17).
Complainant is a corporation existing
under the laws of Illinois with a mailing
address in Northbrook, Illinois.
Complainant identifies Respondent
MSC Mediterranean Shipping Company
SA as a company existing under the
laws of Switzerland with its principal
place of business located in Geneva,
Switzerland.
Complainant identifies Respondent
Ocean Network Express Pte. Ltd. as a
E:\FR\FM\15JAN1.SGM
15JAN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Notices
company existing under the laws of
Singapore with its principal place of
business located in Singapore whose
agent in the United States is Ocean
Network Express (North America) Inc.
with its principal place of business
located in Richmond, Virginia.
Complainant identifies Respondent
Evergreen Marine Corp. (Taiwan) Ltd. as
a company existing under the laws of
Taiwan with its principal place of
business located in Taipei City, Taiwan
whose agent in the United States is
Evergreen Shipping Agency (America)
Corp. with its principal place of
business located in Jersey City, New
Jersey.
Complainant identifies Respondent
Evergreen Marine (UK) Limited as a
company existing under the laws of the
United Kingdom with its principal place
of business located in London, England.
Complainant identifies Respondent
Italia Marittima SpA as a company
existing under the laws of Italy with its
principal place of business located in
Trieste, Italy.
Complainant identifies Respondent
Evergreen Marine (Hong Kong) Ltd. as a
company existing under the laws of
Hong Kong with its principal place of
business located in Wan Chai, Hong
Kong.
Complainant identifies Respondent
Evergreen Marine (Singapore) Pte. Ltd.
as a company existing under the laws of
Singapore with its principal place of
business in Southpoint, Singapore.
Complainant identifies Respondent
Evergreen Line Joint Service Agreement
(FMC Agreement No. 011982) as a
vessel-operating ocean common carrier
consisting of Evergreen Marine
Corporation (Taiwan) Ltd., Evergreen
Marine (UK) Limited, Italia Marittima
SpA, Evergreen Marine (Hong Kong)
Ltd., Evergreen Marine (Singapore) Pte.
Ltd., and non-party, Evergreen Marine
(Asia) Pte. Ltd.
Complainant identifies Respondent
HMM Company Limited as a company
existing under the laws of the Republic
of Korea with its principal place of
business located in Seoul, Korea whose
agent in the United States is HMM
(America) Inc. with its principal place
of business located in Irving, Texas.
Complainant identifies Respondent
Maersk A/S as a company existing
under the laws of Denmark with its
principal place of business located in
Copenhagen, Denmark whose agent in
the United States is Maersk Agency
U.S.A., Inc. with its principal place of
business located in Florham Park, New
Jersey.
Complainant identifies Respondent
CMA CGM S.A. as a company existing
under the laws of France with its
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principal place of business located in
Marseilles, France whose agent in the
United States is CMA CGM (America)
LLC with its principal place of business
located in Norfolk, Virginia.
Complainant identifies Respondent
Apex Maritime Co., Inc. as a company
existing under the laws of California
with its principal place of business
located in Burlingame, California.
Complainant identifies Respondent
China United Transport, Inc. as a
company existing under the laws of the
People’s Republic of China with its
principal place of business located in
Shanghai, China.
Complainant identifies Respondent
COSCO SHIPPING Lines Co., Ltd. as a
company existing under the laws of the
People’s Republic of China with its
principal place of business located in
Shanghai, China whose agent in the
United States is COSCO SHIPPING
Lines (North America) Inc. with its
principal place of business located in
Secaucus, New Jersey.
Complainant identifies Respondent
Wan Hai Lines Ltd. as a company
existing under the laws of Taiwan with
its principal place of business located in
Taipei, Taiwan whose agent in the
United States is Wan Hai Lines (USA)
Ltd. with its principal place of business
located in Long Beach, California.
Complainant alleges that all
Respondents violated 46 U.S.C.
41102(c), 41104(a)(2), 41104(a)(10); and
46 CFR 545.5. Complainant alleges these
violations arose from the assessment of
demurrage and detention charges during
periods of time in which the charges
were not just or reasonable because of
circumstances outside the control of the
Complainant, the assessment of these
charges under non-compliant bills of
lading, and other acts or omissions of
the Respondents.
Complainant alleges that the
Respondents that entered into a service
contract with Complainant violated 46
U.S.C. 41102(c) and 41104(a)(2).
Complainant alleges these violations
arose from a practice of systematically
failing to meet service commitments, the
use of coercion to require payment of
extracontractual surcharges prior to
performance of service commitments
and to require amendments to service
contracts, and other acts or omissions of
these Respondents.
An answer to the complaint must be
filed with the Commission within 25
days after the date of service.
The full text of the complaint can be
found in the Commission’s electronic
Reading Room at https://www2.fmc.gov/
readingroom/proceeding/25-03/. This
proceeding has been assigned to the
Office of Administrative Law Judges.
PO 00000
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3869
The initial decision of the presiding
judge shall be issued by January 8, 2026,
and the final decision of the
Commission shall be issued by July 22,
2026.
David Eng,
Secretary.
[FR Doc. 2025–00780 Filed 1–14–25; 8:45 am]
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FEDERAL MARITIME COMMISSION
[Docket No. 25–01]
20230930–DK–Butterfly–1, INC.,
Complainant v. BAL Container Line
Co., Limited, Respondent. Notice of
Filing of Complaint and Assignment
Served: January 8, 2025.
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (the ‘‘Commission’’) by
20230930–DK–Butterfly–1, Inc. (the
‘‘Complainant’’) against BAL Container
Line Co., Limited (the ‘‘Respondent’’).
Complainant states that the Commission
has subject matter jurisdiction over the
complaint pursuant to the Shipping Act
of 1984, as amended, 46 U.S.C. 40101 et
seq. and personal jurisdiction over
Respondent as an ocean common
carrier, as defined in 46 U.S.C.
40102(18).
Complainant is a corporation existing
under the laws of New York with a
mailing address in Union, New Jersey,
that was formerly known as Bed Bath &
Beyond, Inc.
Complainant identifies Respondent as
a company existing under the laws of
the Hong Kong Special Administrative
Region of the People’s Republic of
China with its principal place of
business located in Sheung Wan, Hong
Kong.
Complainant alleges that Respondent
violated 46 U.S.C. 41102(c) and
41104(a)(10), and 46 CFR 545.5.
Complainant alleges these violations
arose from the assessment of detention
and demurrage charges during periods
of time in which the charges were not
just or reasonable because of
circumstances outside the control of
Complainant and its agents and service
providers, and the acts or omissions of
Respondent that led to the assessment of
such charges.
An answer to the complaint must be
filed with the Commission within 25
days after the date of service.
The full text of the complaint can be
found in the Commission’s electronic
Reading Room at https://www2.fmc.gov/
readingroom/proceeding/25-01/. This
proceeding has been assigned to the
Office of Administrative Law Judges.
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3868-3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00780]
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FEDERAL MARITIME COMMISSION
[Docket No. 25-03]
Euromarket Designs, Inc., Complainant v. MSC Mediterranean
Shipping Company SA; Ocean Network Express Pte. Ltd.; Evergreen Line
Joint Service Agreement (FMC Agreement No. 011982); Evergreen Marine
Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited; Italia Marittima
SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine (Singapore)
Pte. Ltd.; HMM Company Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime
Co., Inc.; China United Transport, Inc.; Cosco Shipping Lines Co.,
Ltd.; And Wan Hai Lines Ltd., Respondents; Notice of Filing of
Complaint and Assignment
Served: January 8, 2025.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by Euromarket Designs, Inc.
(the ``Complainant'') against MSC Mediterranean Shipping Company SA;
Ocean Network Express Pte. Ltd.; Evergreen Line Joint Service Agreement
(FMC Agreement No. 011982); Evergreen Marine Corp. (Taiwan) Ltd.,
Evergreen Marine (UK) Limited; Italia Marittima SpA; Evergreen Marine
(Hong Kong) Ltd.; Evergreen Marine (Singapore) Pte. Ltd.; HMM Company
Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime Co., Inc.; China
United Transport, Inc.; COSCO SHIPPING Lines Co., Ltd.; and Wan Hai
Lines Ltd. (collectively, the ``Respondents''). Complainant states that
the Commission has subject-matter jurisdiction over this Complaint
pursuant to the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et
seq. (the ``Shipping Act''). Complainant states that the Commission has
personal jurisdiction over some of the Respondents as ocean common
carriers, as defined in 46 U.S.C. 40102(18), that entered into a
service contract, as defined in 46 U.S.C. 40102(21), with Complainant,
and others as vessel-operating ocean common carriers, as defined in 46
U.S.C. 40102(18), and non-vessel-operating common carriers, as defined
in 46 U.S.C. 40102(17).
Complainant is a corporation existing under the laws of Illinois
with a mailing address in Northbrook, Illinois.
Complainant identifies Respondent MSC Mediterranean Shipping
Company SA as a company existing under the laws of Switzerland with its
principal place of business located in Geneva, Switzerland.
Complainant identifies Respondent Ocean Network Express Pte. Ltd.
as a
[[Page 3869]]
company existing under the laws of Singapore with its principal place
of business located in Singapore whose agent in the United States is
Ocean Network Express (North America) Inc. with its principal place of
business located in Richmond, Virginia.
Complainant identifies Respondent Evergreen Marine Corp. (Taiwan)
Ltd. as a company existing under the laws of Taiwan with its principal
place of business located in Taipei City, Taiwan whose agent in the
United States is Evergreen Shipping Agency (America) Corp. with its
principal place of business located in Jersey City, New Jersey.
Complainant identifies Respondent Evergreen Marine (UK) Limited as
a company existing under the laws of the United Kingdom with its
principal place of business located in London, England.
Complainant identifies Respondent Italia Marittima SpA as a company
existing under the laws of Italy with its principal place of business
located in Trieste, Italy.
Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd.
as a company existing under the laws of Hong Kong with its principal
place of business located in Wan Chai, Hong Kong.
Complainant identifies Respondent Evergreen Marine (Singapore) Pte.
Ltd. as a company existing under the laws of Singapore with its
principal place of business in Southpoint, Singapore.
Complainant identifies Respondent Evergreen Line Joint Service
Agreement (FMC Agreement No. 011982) as a vessel-operating ocean common
carrier consisting of Evergreen Marine Corporation (Taiwan) Ltd.,
Evergreen Marine (UK) Limited, Italia Marittima SpA, Evergreen Marine
(Hong Kong) Ltd., Evergreen Marine (Singapore) Pte. Ltd., and non-
party, Evergreen Marine (Asia) Pte. Ltd.
Complainant identifies Respondent HMM Company Limited as a company
existing under the laws of the Republic of Korea with its principal
place of business located in Seoul, Korea whose agent in the United
States is HMM (America) Inc. with its principal place of business
located in Irving, Texas.
Complainant identifies Respondent Maersk A/S as a company existing
under the laws of Denmark with its principal place of business located
in Copenhagen, Denmark whose agent in the United States is Maersk
Agency U.S.A., Inc. with its principal place of business located in
Florham Park, New Jersey.
Complainant identifies Respondent CMA CGM S.A. as a company
existing under the laws of France with its principal place of business
located in Marseilles, France whose agent in the United States is CMA
CGM (America) LLC with its principal place of business located in
Norfolk, Virginia.
Complainant identifies Respondent Apex Maritime Co., Inc. as a
company existing under the laws of California with its principal place
of business located in Burlingame, California.
Complainant identifies Respondent China United Transport, Inc. as a
company existing under the laws of the People's Republic of China with
its principal place of business located in Shanghai, China.
Complainant identifies Respondent COSCO SHIPPING Lines Co., Ltd. as
a company existing under the laws of the People's Republic of China
with its principal place of business located in Shanghai, China whose
agent in the United States is COSCO SHIPPING Lines (North America) Inc.
with its principal place of business located in Secaucus, New Jersey.
Complainant identifies Respondent Wan Hai Lines Ltd. as a company
existing under the laws of Taiwan with its principal place of business
located in Taipei, Taiwan whose agent in the United States is Wan Hai
Lines (USA) Ltd. with its principal place of business located in Long
Beach, California.
Complainant alleges that all Respondents violated 46 U.S.C.
41102(c), 41104(a)(2), 41104(a)(10); and 46 CFR 545.5. Complainant
alleges these violations arose from the assessment of demurrage and
detention charges during periods of time in which the charges were not
just or reasonable because of circumstances outside the control of the
Complainant, the assessment of these charges under non-compliant bills
of lading, and other acts or omissions of the Respondents.
Complainant alleges that the Respondents that entered into a
service contract with Complainant violated 46 U.S.C. 41102(c) and
41104(a)(2). Complainant alleges these violations arose from a practice
of systematically failing to meet service commitments, the use of
coercion to require payment of extracontractual surcharges prior to
performance of service commitments and to require amendments to service
contracts, and other acts or omissions of these Respondents.
An answer to the complaint must be filed with the Commission within
25 days after the date of service.
The full text of the complaint can be found in the Commission's
electronic Reading Room at https://www2.fmc.gov/readingroom/proceeding/25-03/. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by January 8, 2026, and the final decision of the
Commission shall be issued by July 22, 2026.
David Eng,
Secretary.
[FR Doc. 2025-00780 Filed 1-14-25; 8:45 am]
BILLING CODE P
