[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Page 27893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09374]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-02]


Bed Bath & Beyond Inc. Complainant v. Orient Overseas Container 
Line Limited and OOCL (EUROPE) LIMITED, Respondents; Notice of Filing 
of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Bed Bath & Beyond Inc., hereinafter 
``Complainant,'' against Orient Overseas Container Line Limited and 
OOCL (Europe) Limited (hereinafter ``Respondents.'') Complainant states 
that it is a corporation existing under the laws of New York with a 
principal place of business in New Jersey. Complainant identifies 
Orient Overseas Container Line Limited as an ocean common carrier 
existing under the laws of Hong Kong with a principal place of business 
in Hong Kong, as well as a ``controlled carrier'' of the People's 
Republic of China. Complainant identifies OOCL (Europe) Limited as an 
ocean common carrier existing under the laws of United Kingdom with a 
principal place of business in the United Kingdom, as well as a 
``controlled carrier'' of the People's Republic of China. Complainant 
further alleges that both companies act in the United States by and 
through their agent, OOCL (USA) Inc. (``OOCL (USA)''), a company 
existing under the laws of the State of New York with its principal 
place of business located in Utah.
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 
41104(a)(2), and 41104(a)(10), as well as 46 CFR 545.5, regarding its 
practices and the billing and payment of costs and charges on the 
shipments of cargo, including demurrage and detention, as well as 
systematically failing to meet its service commitments to Complainant 
under Service Contracts, and by coercing Complainant to pay Peak Season 
Surcharges (PSS) and enter into premium rate contracts. An answer to 
the complaint is due to be filed with the Commission within twenty-five 
(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/23-02/. This proceeding has been 
assigned to Office of Administrative Law Judges. The initial decision 
of the presiding officer in this proceeding shall be issued by April 
29, 2024, and the final decision of the Commission shall be issued by 
November 12, 2024.

    Served: April 27, 2023.
William Cody,
Secretary.
[FR Doc. 2023-09374 Filed 5-2-23; 8:45 am]
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