[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63574-63575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20035]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-10]


Bed Bath & Beyond Inc., Complainant v. Yang Ming Marine Transport 
Corp., Respondent; Notice of Filing of Complaint and Assignment

Served: September 12, 2023.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by Bed Bath & Beyond Inc. (the 
``Complainant'') against Yang Ming Marine Transport Corp. (the 
``Respondent''). Complainant states that the Commission has subject-
matter jurisdiction over the complaint under the Shipping Act of 1984, 
as amended, 46 U.S.C. 40101 et seq. (the ``Shipping Act'') and personal 
jurisdiction over the Respondent as an ocean common carrier who entered 
into a service contract with Complainant.
    Complainant is a corporation existing under the laws of New York 
with a principal place of business in Union, New Jersey, and a shipper 
for the purposes of the allegations made in the complaint.
    Complainant identifies Respondent as a company existing under the 
laws of Taiwan with a principal place of business in Keelung, Taiwan, 
and an ocean common carrier.

[[Page 63575]]

    Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 
41104(a)(2), 41104(a)(10), and 41102(d), and 46 CFR 545.5 regarding a 
failure to establish, observe, and enforce just and reasonable 
practices relating to receiving, handling, storing, and delivering 
property; a failure to provide service in the liner trade that is in 
accordance with a service contract; an unreasonable refusal to deal or 
negotiate; and retaliation against a shipper. Complainant alleges these 
violations arose from a failure to allocate space as agreed upon and 
instead, allocating space to shippers willing to pay higher freight 
prices; a condition on performance requiring the payment of 
extracontractual prices and surcharges, such as peak season surcharges 
throughout more than 90% of the service contract period, prior to full 
performance of its service commitments; an unreasonable assessment of 
demurrage and detention charges during periods of congestion and 
shortages of equipment at ports; and a refusal to deal unless an 
amendment reducing the minimum quantity commitments under the service 
contract was agreed to.
    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/23-10/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by September 12, 2024, and the final decision of the 
Commission shall be issued by March 27, 2025.

Jason Guthrie,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2023-20035 Filed 9-14-23; 8:45 am]
BILLING CODE 6730-02-P