[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Page 84600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24534]
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FEDERAL MARITIME COMMISSION
[Docket No. 24-09]
Notice of Filing of Amended Complaint; TZ SSE Buyer, LLC,
Complainant v. COSCO Shipping Lines Co., Ltd., Respondent
Served: October 17, 2024.
Notice is given that an amended complaint has been filed with the
Federal Maritime Commission (the ``Commission'') by TZ SSE Buyer, LLC
(the ``Complainant'') against COSCO Shipping Lines Co., Ltd. (the
``Respondent''). Complainant states that the Commission has
jurisdiction over the amended complaint pursuant to 46 U.S.C. 41301
through 41309 and personal jurisdiction over the Respondent as an ocean
common carrier, as defined in 46 U.S.C. 40102(18), that has entered
into a service contract, as defined in 46 U.S.C. 40102(21), with the
original complainants.
Complainant is a Delaware limited liability company with a
principal place of business in Toledo, Ohio. Impact Products, LLC and
Safety Zone, LLC (the ``original complainants'') filed the verified
complaint in this proceeding on February 7, 2024, and subsequently
filed for Chapter 11 bankruptcy and sold the claims asserted in this
proceeding to Complainant. The original complainants are shippers as
this term is defined under 46 U.S.C. 40102(23) with offices in Ohio,
Tennessee, and Connecticut, among other locations.
Complainant identifies Respondent as a company organized under the
laws of China with its United States office located in Secaucus, New
Jersey and as a global ocean carrier.
Complainant alleges that Respondent violated 46 U.S.C. 41102(c) and
41104(a)(10) and 46 CFR 545.5. Complainant alleges these violations
arose from assessment of demurrage, detention, per diem, and yard
storage charges during periods of time in which the charges were not
just or reasonable because of circumstances outside the control of the
original complainants and their agents and service providers, and from
the acts or omissions of the Respondent that led to the assessment of
these charges.
An answer to the amended complaint must be filed with the
Commission as provided in Administrative Law Judge Alex M. Chintella's
October 16, 2024, Order Granting Motion for Leave to File Second
Amended Complaint. The full text of the amended complaint and this
order can be found in the Commission's electronic Reading Room at
https://www2.fmc.gov/readingroom/proceeding/24-09/.
The initial decision of the presiding judge shall be issued by
February 14, 2025, and the final decision of the Commission shall be
issued by August 29, 2025.
David Eng,
Secretary.
[FR Doc. 2024-24534 Filed 10-22-24; 8:45 am]
BILLING CODE 6730-02-P