[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Page 53895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17015]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-06]


Coast Citrus Distributors d/b/a Olympic Fruit & Vegetable, Amazon 
Produce Network, LLC, Refin Tropicals, S.A., JW Fresh, S.A., 
Sembri[acute]os de Exportacio[acute]n Sembriexport, S.A., and Bresson 
S.A., Complainants v. Network Shipping Ltd., Inc., Respondent;

Served: August 3, 2023

    Notice of Filing of Complaint and Assignment; Served: August 3, 
2023
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Coast Citrus Distributors d/b/a 
Olympic Fruit & Vegetable, Amazon Produce Network, LLC, Refin 
Tropicals, S.A., JW Fresh, S.A., Sembr[iacute]os de Exportaci[oacute]n 
Sembriexport, S.A., and Bresson S.A. (collectively, the 
``Complainants'') against Network Shipping Ltd., Inc. (``Respondent''). 
Complainants state that the Federal Maritime Commission has 
jurisdiction over the allegations asserted under the Shipping Act of 
1984, as amended, 46 U.S.C. chs. 411-413 (the ``Shipping Act''), and 
that this complaint is being filed pursuant to 46 U.S.C. 41301 seeking 
reparations for injuries resulting from violations of 46 U.S.C. 
41102(c) and 41104(a).
    Complainant, Coast Citrus Distributors d/b/a Olympic Fruit & 
Vegetable states that it is a ``shipper'' within the meaning of 46 
U.S.C. 40102(23)(C) and a corporation organized under the laws of the 
State of California with a principal place of business in San Diego, 
California. Complainant, Amazon Produce Network, LLC states that it is 
a ``shipper'' within the meaning of 46 U.S.C. 40102(23)(C) and a 
limited liability company organized under the laws of the State of 
Delaware with a principal place of business in Evanston, Illinois. 
Complainant, Refin Tropicals, S.A. states that it is a ``shipper'' 
within the meaning of 46 U.S.C. 40102(23)(C) and is a limited liability 
company organized under the laws of the Republic of Ecuador with a 
principal place of business in Sambor[oacute]ndon, Ecuador. 
Complainant, JW Fresh, S.A. states that it is a ``shipper'' within the 
meaning of 46 U.S.C. 40102(23) and is a limited liability company 
organized under the laws of the Republic of Ecuador with a principal 
place of business in Guayaquil, Ecuador. Complainant, Sembr[iacute]os 
de Exportaci[oacute]n Sembriexport, S.A. states that it is a 
``shipper'' within the meaning of 46 U.S.C. 40102(23) and is a limited 
liability company organized under the laws of the Republic of Ecuador 
with a principal place of business in Guayaquil, Ecuador. Complainant, 
Bresson S.A. states that it is a ``shipper'' within the meaning of 46 
U.S.C. 40102(23) and is a limited liability company organized under the 
laws of the Republic of Ecuador with a principal place of business in 
Guayaquil, Guayas Ecuador.
    Complainant identifies Respondent as a ``common carrier'' within 
the meaning of 46 U.S.C. 40102(7) and a company organized under the 
laws of Bermuda with a principal place of business in Miami, Florida.
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c) and 
41104(a) regarding a failure to establish, observe, and enforce just 
and reasonable practices relating to receiving, handling, storing, and 
delivering property, directly or indirectly engaging in unfair or 
unjustly discriminatory practices with respect to cargo space 
accommodation or other facilities, and giving undue or unreasonable 
preference or advantage or imposing undue or unreasonable prejudice or 
disadvantage. Complainant alleges these violations arose from a failure 
to timely provide chassis due to limited availability resulting from 
the preferential treatment of certain containers that led to 
transportation delays and the spoilation of fresh produce.
    An answer to the complaint must 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/23-06/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by August 5, 2024, and the final decision of the 
Commission shall be issued by February 17, 2025.

William Cody,
Secretary.
[FR Doc. 2023-17015 Filed 8-8-23; 8:45 am]
BILLING CODE 6730-02-P