[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23275-23276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10662]


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FEDERAL MARITIME COMMISSION

[Docket No. 18-03]


JC Horizon Ltd. v. China Shipping Container Lines Co. Ltd.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by JC Horizon Ltd., hereinafter 
``Complainant,'' against China Shipping Container Lines Co. Ltd., 
hereinafter ``Respondent.'' Complainant states that it is an exporter 
of recycled materials. Complainant states that Respondent ``. . . was a 
China-based ocean common carrier providing international services . . 
.'' that merged with the company China Ocean Shipping Company to become 
the business known as COSCO Shipping in 2016.
    Complainant states it utilized Respondent's services to transport 
``. . . 38 containers of Distillers Dried Grain . . .'' from Los 
Angeles, CA to Huangpu, China under a Service Contract. Complainant 
states that Respondent did not deliver the cargo to Huangpu, China and 
instead unloaded the containers at Nansha, China and ``. . . 
indefinitely [held] them there.'' Complainant alleges that Respondent 
expected payment for detention and demurrage charges totaling to more 
than $600,000.'' The cargo was ultimately disposed of by Respondent 
after it was stored in Nansha for 287 days. Complainant entered in to 
arbitration with Respondents pursuant to a provision in their Service 
Contract and ``. . . the panel issued an award in [Respondent's] 
favor.'' Complainant alleges ``[Respondent] has no basis for attempting 
to levy demurrage and detention charges incurred as a result of an 
intermediate offloading and delay docking at Nansha for a shipment that 
never reached its port of discharge/place of delivery.'' Complainant 
also alleges that ``the Service Contract [between the parties] does not 
permit [Respondent] to collect demurrage or detention charges from 
[Complainant] associated with the stopover at an interim location 
(Nansha).''
    Complainant alleges Respondent ``. . . has violated and continues 
to violate the following provisions of the Shipping Act:
    ``1. 46 U.S.C. 41104(2)(A): It is a violation of the Shipping Act 
for [Respondent] to provide service or attempt to impose any fees or 
charges that are not contained in a properly published tariff or 
executed service contract . . .
    2. 46 U.S.C. 41104(4)(A): It is a violation of the Shipping Act for

[[Page 23276]]

[Respondent] to engage in unfair practices with respect to rates or 
charges under its tariff . . .
    3. 46 U.S.C. 41104(10): It is a violation of the Shipping Act for 
[Respondent] to unreasonably refuse to deal or negotiate . . .
    4. 46 U.S.C. 41102(c): [Respondent] further violated the Shipping 
Act by failing to establish and enforce just and reasonable practices 
relating to the handling and delivery of property . . .
    5. 46 CFR 530.8(b)(12) and (c)(1): The regulations governing 
service contracts require that a service contract set forth all 
provisions of the contract and that terms may not be `uncertain, vague 
or ambiguous' . . .''
    Complainant seeks an order for Respondent ``to cease and desist 
from any further violations of the shipping Act, including any efforts 
to enforce the arbitration award or to collect any monies from Claimant 
. . .'' and other relief. The full text of the complaint can be found 
in the Commission's Electronic Reading Room at www.fmc.gov/18-03/.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by May 15, 2019, and the final decision of 
the Commission shall be issued by November 29, 2019.

Rachel E. Dickon,
Secretary.
[FR Doc. 2018-10662 Filed 5-17-18; 8:45 am]
 BILLING CODE 6731-AA-P