[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Notices]
[Page 36202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12829]


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FEDERAL MARITIME COMMISSION

[Docket No. 20-09]


MAC Industries, Inc. d/b/a MAC Container Line, Complainant v. 
COSCO SHIPPING Lines Co., Ltd., Respondent; Notice of Filing of 
Complaint and Assignment

Served: June 9, 2020.

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by MAC Industries, Inc. d/b/a MAC 
Container Line, hereinafter ``Complainant'', against COSCO SHIPPING 
Lines Co., Ltd., hereinafter ``Respondent''. Complainant states that it 
``is a non-vessel-operating common carrier (``NVOCC'')'' and is 
principally located in California. Complainant states that Respondent 
is an ocean common carrier and controlled carrier of The Peoples 
Republic of China.
    Complainant claims it ``has shipped pursuant to COSCO service 
contracts between 8,000 and 12,000 TEUs annually since 2016, to the 
present, and as a result of these volumes MAC has earned a VIP Partner 
status with COSCO since 2013.'' Complainant alleges that in late 
February 2020, Respondent intended to unilaterally amend service 
contract rates in violation of 46 U.S. Code 41104 (a) (2)(A) and 46 CFR 
530.10(a)(1) ``requir[ing] that an amendment to a service contract `. . 
. [have] prospective effect and . . . [be] mutually agreed upon by the 
service contract parties.' '' Complainant claims that it communicated 
to Respondents ``that it would accept the rate increases prospectively 
from on or about February 28, 2020, provided that [Respondent] agreed 
to withdraw the unlawful retroactive charges which [Respondent] had 
unilaterally and unlawfully initiated.'' Complainant further alleges 
that Respondent ``has taken retaliatory steps against MAC in response 
to the complaint'' including limiting its VIP Partner benefits.
    Complainant alleges that Respondent violated 46 U.S.C. 41104 
(a)(3). Complainant alleges it has suffered ``financial damages of at 
least $1,000,000 as a direct result of Respondents' repeated violations 
of 46 U.S.C. 8 Sec.  41l04(a)(3)'' and seeks reparations and other 
relief.
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at https://www2.fmc.gov/readingroom/proceeding/20-09/.
    This proceeding has been assigned to Office of Administrative Law 
Judges. The initial decision of the presiding office in this proceeding 
shall be issued by June 9, 2021, and the final decision of the 
Commission shall be issued by December 9, 2021.

Rachel Dickon,
Secretary.
[FR Doc. 2020-12829 Filed 6-12-20; 8:45 am]
 BILLING CODE 6730-02-P