Notice2023-09374
Bed Bath & Beyond Inc. Complainant v. Orient Overseas Container Line Limited and OOCL (EUROPE) LIMITED, Respondents; Notice of Filing of Complaint and Assignment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 3, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 85 (Wednesday, May 3, 2023)</title>
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[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Page 27893]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09374]
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FEDERAL MARITIME COMMISSION
[Docket No. 23-02]
Bed Bath & Beyond Inc. Complainant v. Orient Overseas Container
Line Limited and OOCL (EUROPE) LIMITED, Respondents; Notice of Filing
of Complaint and Assignment
Notice is given that a complaint has been filed with the Federal
Maritime Commission (Commission) by Bed Bath & Beyond Inc., hereinafter
``Complainant,'' against Orient Overseas Container Line Limited and
OOCL (Europe) Limited (hereinafter ``Respondents.'') Complainant states
that it is a corporation existing under the laws of New York with a
principal place of business in New Jersey. Complainant identifies
Orient Overseas Container Line Limited as an ocean common carrier
existing under the laws of Hong Kong with a principal place of business
in Hong Kong, as well as a ``controlled carrier'' of the People's
Republic of China. Complainant identifies OOCL (Europe) Limited as an
ocean common carrier existing under the laws of United Kingdom with a
principal place of business in the United Kingdom, as well as a
``controlled carrier'' of the People's Republic of China. Complainant
further alleges that both companies act in the United States by and
through their agent, OOCL (USA) Inc. (``OOCL (USA)''), a company
existing under the laws of the State of New York with its principal
place of business located in Utah.
Complainant alleges that Respondent violated 46 U.S.C. 41102(c),
41104(a)(2), and 41104(a)(10), as well as 46 CFR 545.5, regarding its
practices and the billing and payment of costs and charges on the
shipments of cargo, including demurrage and detention, as well as
systematically failing to meet its service commitments to Complainant
under Service Contracts, and by coercing Complainant to pay Peak Season
Surcharges (PSS) and enter into premium rate contracts. An answer to
the complaint is due to 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 <a href="https://www2.fmc.gov/readingroom/proceeding/23-02/">https://www2.fmc.gov/readingroom/proceeding/23-02/</a>. This proceeding has been
assigned to Office of Administrative Law Judges. The initial decision
of the presiding officer in this proceeding shall be issued by April
29, 2024, and the final decision of the Commission shall be issued by
November 12, 2024.
Served: April 27, 2023.
William Cody,
Secretary.
[FR Doc. 2023-09374 Filed 5-2-23; 8:45 am]
BILLING CODE P
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