CertiFit, Inc., Complainant v. Evergreen Shipping Agency (America) Corp., as Agent for Evergreen Line, Evergreen Group D/B/A Evergreen Line, Respondent; Notice of Filing of Complaint and Assignment

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Published

May 9, 2023

Issuing agencies

Federal Maritime Commission

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<title>Federal Register, Volume 88 Issue 89 (Tuesday, May 9, 2023)</title>
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[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Page 29908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09858]


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FEDERAL MARITIME COMMISSION

[DOCKET NO. 23-03]


CertiFit, Inc., Complainant v. Evergreen Shipping Agency 
(America) Corp., as Agent for Evergreen Line, Evergreen Group D/B/A 
Evergreen Line, Respondent; Notice of Filing of Complaint and 
Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by CertiFit Inc., hereinafter 
``Complainant,'' against Evergreen Shipping Agency (America) Corp. 
(hereinafter ``Respondent''), as Agent for Evergreen Line, Evergreen 
Group d/b/a Evergreen Line, and its constituent parts, including: 
Evergreen Marine Group (Taiwan) Ltd; Italia Maritime S.p.A.; Evergreen 
Marine (UK) Ltd.; Evergreen Marin (Hong Kong) Ltd.; Evergreen Marine 
(Singapore) Pte. Ltd.; and Evergreen Marine (Asia) Pte. Ltd. 
Complainant states that it is a corporation existing under the laws of 
Utah with a principal place of business in Utah. Complainant identifies 
Respondent as a vessel-operating ocean common carrier and corporation 
existing under the laws of New Jersey with a principal place of 
business in New Jersey.
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 
41104(a)(2), 41104(a)(5), 41104(a)(9), and 41104(a)(10) regarding its 
practices regarding shipments of cargo, including systematically 
failing to meet its commitments to Complainant under Service Contracts, 
refusing tendered cargo, refusing to provide empty containers, failing 
to provide necessary information concerning booking issues, and a 
refusal to deal. 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/23-03/">https://www2.fmc.gov/readingroom/proceeding/23-03/</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 May 6, 2024, and the final decision of 
the Commission shall be issued by November 20, 2024.

    Served: May 4, 2023.
William Cody,
Secretary.
[FR Doc. 2023-09858 Filed 5-8-23; 8:45 am]
BILLING CODE 6730-02-P


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