[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14495-14496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03962]


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FEDERAL MARITIME COMMISSION

[Docket No. 24-12]


Notice of Filing of Complaint and Assignment; 20230930-DK-
BUTTERFLY-1, Inc. F/K/A Bed Bath & Beyond Inc., Complainant, v. 
Evergreen Line Joint Service Agreement (FMC #011982) Consisting of 
Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Ltd., 
Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen 
Marine (Singapore) Pte. Ltd., Respondents

Served: February 21, 2024.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by 20230930-DK-BUTTERFLY-1, 
Inc. formerly known as Bed Bath & Beyond Inc. (the ``Complainant'') 
against Evergreen Line Joint Service Agreement (FMC #011982) consisting 
of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited, 
Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., and Evergreen 
Marine (Singapore) Pte. Ltd. (the ``Respondents''). Complainant states 
that the Commission has subject matter jurisdiction over the complaint 
pursuant to 46 U.S.C. 41301 through 41309 and personal jurisdiction 
over the Respondents as each is an ``ocean common carrier,'' as this 
term is defined by 46 U.S.C. 40102(18), that has entered into a 
``service contract,'' as this term is defined by 46 U.S.C. 40102(21), 
with the Complainant.
    Complainant is a corporation existing under the laws of New York 
that was formerly known as Bed Bath & Beyond Inc. and a ``shipper,'' as 
this term is defined by 46 U.S.C. 40102(23), for the purposes of the 
allegations of the complaint.
    Complainant identifies Respondent Evergreen Line Joint Service 
Agreement (FMC #011982) as a vessel-operating ocean common carrier 
consisting of Evergreen Marine Corp. (Taiwan) Ltd., Evergreen Marine 
(UK) Limited, Italia Marittima SpA, Evergreen Marine (Hong Kong) Ltd., 
Evergreen Marine (Singapore) Pte. Ltd., and Evergreen Marine (Asia) 
Pte. Ltd.

[[Page 14496]]

    Complainant identifies Respondent Evergreen Marine Corp. (Taiwan) 
Ltd. as a company existing under the laws of Taiwan with a principal 
place of business in Taipei City and as a vessel-operating ocean common 
carrier.
    Complainant identifies Respondent Evergreen Marine (UK) Limited as 
a company existing under the laws of the United Kingdom with a 
principal place of business located in London, England and as a vessel-
operating ocean common carrier.
    Complainant identifies Respondent Italia Marittima SpA as a company 
existing under the laws of Italy with a principal place of business in 
Trieste, Italy and as a vessel-operating ocean common carrier.
    Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd. 
as a company existing under the laws of Hong Kong with a principal 
place of business in Wan Chai, Hong Kong and as a vessel-operating 
ocean common carrier.
    Complainant identifies Respondent Evergreen Marine (Singapore) Pte. 
Ltd. as a company existing under the laws of Singapore with a principal 
place of business in Southpoint, Singapore and as a vessel-operating 
ocean common carrier.
    Complainant alleges that Respondents violated 46 U.S.C. 41102(c), 
41104(a)(2), and 41104(a)(10) and 46 CFR 545.5. Complainant alleges 
these violations arose from a practice of systematically failing to 
meet service commitments, a requirement that extracontractual 
surcharges be paid prior to performance of service commitments, and an 
unreasonable assessment of demurrage and detention charges and the acts 
or omissions of the Respondents that led to this assessment.
    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/24-11/. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by February 21, 2025, and the final decision of the 
Commission shall be issued by September 5, 2025.

David Eng,
Secretary.
[FR Doc. 2024-03962 Filed 2-26-24; 8:45 am]
BILLING CODE 6730-02-P