[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3868-3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00780]
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FEDERAL MARITIME COMMISSION
[Docket No. 25-03]
Euromarket Designs, Inc., Complainant v. MSC Mediterranean
Shipping Company SA; Ocean Network Express Pte. Ltd.; Evergreen Line
Joint Service Agreement (FMC Agreement No. 011982); Evergreen Marine
Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited; Italia Marittima
SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine (Singapore)
Pte. Ltd.; HMM Company Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime
Co., Inc.; China United Transport, Inc.; Cosco Shipping Lines Co.,
Ltd.; And Wan Hai Lines Ltd., Respondents; Notice of Filing of
Complaint and Assignment
Served: January 8, 2025.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by Euromarket Designs, Inc.
(the ``Complainant'') against MSC Mediterranean Shipping Company SA;
Ocean Network Express Pte. Ltd.; Evergreen Line Joint Service Agreement
(FMC Agreement No. 011982); Evergreen Marine Corp. (Taiwan) Ltd.,
Evergreen Marine (UK) Limited; Italia Marittima SpA; Evergreen Marine
(Hong Kong) Ltd.; Evergreen Marine (Singapore) Pte. Ltd.; HMM Company
Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime Co., Inc.; China
United Transport, Inc.; COSCO SHIPPING Lines Co., Ltd.; and Wan Hai
Lines Ltd. (collectively, the ``Respondents''). Complainant states that
the Commission has subject-matter jurisdiction over this Complaint
pursuant to the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et
seq. (the ``Shipping Act''). Complainant states that the Commission has
personal jurisdiction over some of the Respondents as ocean common
carriers, as defined in 46 U.S.C. 40102(18), that entered into a
service contract, as defined in 46 U.S.C. 40102(21), with Complainant,
and others as vessel-operating ocean common carriers, as defined in 46
U.S.C. 40102(18), and non-vessel-operating common carriers, as defined
in 46 U.S.C. 40102(17).
Complainant is a corporation existing under the laws of Illinois
with a mailing address in Northbrook, Illinois.
Complainant identifies Respondent MSC Mediterranean Shipping
Company SA as a company existing under the laws of Switzerland with its
principal place of business located in Geneva, Switzerland.
Complainant identifies Respondent Ocean Network Express Pte. Ltd.
as a
[[Page 3869]]
company existing under the laws of Singapore with its principal place
of business located in Singapore whose agent in the United States is
Ocean Network Express (North America) Inc. with its principal place of
business located in Richmond, Virginia.
Complainant identifies Respondent Evergreen Marine Corp. (Taiwan)
Ltd. as a company existing under the laws of Taiwan with its principal
place of business located in Taipei City, Taiwan whose agent in the
United States is Evergreen Shipping Agency (America) Corp. with its
principal place of business located in Jersey City, New Jersey.
Complainant identifies Respondent Evergreen Marine (UK) Limited as
a company existing under the laws of the United Kingdom with its
principal place of business located in London, England.
Complainant identifies Respondent Italia Marittima SpA as a company
existing under the laws of Italy with its principal place of business
located in Trieste, Italy.
Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd.
as a company existing under the laws of Hong Kong with its principal
place of business located in Wan Chai, Hong Kong.
Complainant identifies Respondent Evergreen Marine (Singapore) Pte.
Ltd. as a company existing under the laws of Singapore with its
principal place of business in Southpoint, Singapore.
Complainant identifies Respondent Evergreen Line Joint Service
Agreement (FMC Agreement No. 011982) as a vessel-operating ocean common
carrier consisting of Evergreen Marine Corporation (Taiwan) Ltd.,
Evergreen Marine (UK) Limited, Italia Marittima SpA, Evergreen Marine
(Hong Kong) Ltd., Evergreen Marine (Singapore) Pte. Ltd., and non-
party, Evergreen Marine (Asia) Pte. Ltd.
Complainant identifies Respondent HMM Company Limited as a company
existing under the laws of the Republic of Korea with its principal
place of business located in Seoul, Korea whose agent in the United
States is HMM (America) Inc. with its principal place of business
located in Irving, Texas.
Complainant identifies Respondent Maersk A/S as a company existing
under the laws of Denmark with its principal place of business located
in Copenhagen, Denmark whose agent in the United States is Maersk
Agency U.S.A., Inc. with its principal place of business located in
Florham Park, New Jersey.
Complainant identifies Respondent CMA CGM S.A. as a company
existing under the laws of France with its principal place of business
located in Marseilles, France whose agent in the United States is CMA
CGM (America) LLC with its principal place of business located in
Norfolk, Virginia.
Complainant identifies Respondent Apex Maritime Co., Inc. as a
company existing under the laws of California with its principal place
of business located in Burlingame, California.
Complainant identifies Respondent China United Transport, Inc. as a
company existing under the laws of the People's Republic of China with
its principal place of business located in Shanghai, China.
Complainant identifies Respondent COSCO SHIPPING Lines Co., Ltd. as
a company existing under the laws of the People's Republic of China
with its principal place of business located in Shanghai, China whose
agent in the United States is COSCO SHIPPING Lines (North America) Inc.
with its principal place of business located in Secaucus, New Jersey.
Complainant identifies Respondent Wan Hai Lines Ltd. as a company
existing under the laws of Taiwan with its principal place of business
located in Taipei, Taiwan whose agent in the United States is Wan Hai
Lines (USA) Ltd. with its principal place of business located in Long
Beach, California.
Complainant alleges that all Respondents violated 46 U.S.C.
41102(c), 41104(a)(2), 41104(a)(10); and 46 CFR 545.5. Complainant
alleges these violations arose from the assessment of demurrage and
detention charges during periods of time in which the charges were not
just or reasonable because of circumstances outside the control of the
Complainant, the assessment of these charges under non-compliant bills
of lading, and other acts or omissions of the Respondents.
Complainant alleges that the Respondents that entered into a
service contract with Complainant violated 46 U.S.C. 41102(c) and
41104(a)(2). Complainant alleges these violations arose from a practice
of systematically failing to meet service commitments, the use of
coercion to require payment of extracontractual surcharges prior to
performance of service commitments and to require amendments to service
contracts, and other acts or omissions of these Respondents.
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/25-03/. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by January 8, 2026, and the final decision of the
Commission shall be issued by July 22, 2026.
David Eng,
Secretary.
[FR Doc. 2025-00780 Filed 1-14-25; 8:45 am]
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