[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26472]


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FEDERAL MARITIME COMMISSION

[Docket No. 23-12]


Notice of Filing of Complaint and Assignment; 20230930-DK-
Butterfly-1, Inc., Complainant v. MSC Mediterranean Shipping Company 
SA, Respondent

Served: November 28, 2023.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by 20230930-DK-Butterfly-1, 
Inc. (the ``Complainant'') against MSC Mediterranean Shipping Company 
SA (the ``Respondent''). Complainant states that the Commission has 
subject matter jurisdiction over the complaint pursuant to the Shipping 
Act of 1984, as amended, 46 U.S.C. 40101 et seq., and has personal 
jurisdiction over Respondent as an ``ocean common carrier'' that has 
entered into a ``service contract'', as these terms are defined in the 
Shipping Act at 46 U.S.C. 40102.
    Complainant is a corporation existing under the laws of New York 
with a mailing address in Union, New Jersey. Prior to filing a change 
of name certificate to its present name, the Complainant's corporate 
name was Bed Bath & Beyond Inc. For the purposes of the allegations of 
the complaint, the Complainant was a ``shipper'' as this term is 
defined by 46 U.S.C. 40102(23). Complainant identifies Respondent MSC 
Mediterranean Shipping Company SA as a company existing under the laws 
of Switzerland with a principal place of business located in Geneva, 
Switzerland and as a vessel-operating ``ocean common carrier'' as this 
term is defined by 46 U.S.C. 40102(18).
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 
41102(d), 41104(a)(2), 41104(a)(10) 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 condition on performance requiring the payment 
of extracontractual prices and surcharges, such as peak season 
surcharges, and amendments or premium rate addenda to service contracts 
prior to full performance of its service commitments; a failure to 
allocate space as agreed upon and instead, allocating space to shippers 
willing to pay higher freight prices; an unreasonable assessment of 
demurrage and detention charges during periods of congestion and 
shortages of equipment at ports; and a refusal to accommodate requests 
for a full or partial refund of demurrage and detention charges.
    An answer to the complaint must be filed with the Commission within 
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/23-12/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by November 27, 2024, and the final decision of the 
Commission shall be issued by June 11, 2025.

Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime 
Commission.
[FR Doc. 2023-26472 Filed 11-30-23; 8:45 am]
BILLING CODE 6730-02-P