Notice2023-14293
Rahal International, Inc., Complainant v. Hapag-Lloyd AG, Hapag-Lloyd (America) LLC, Hapag-Lloyd USA, LLC, 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
July 7, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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<body><pre>
[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Page 43349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14293]
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FEDERAL MARITIME COMMISSION
[Docket No. 23-05]
Rahal International, Inc., Complainant v. Hapag-Lloyd AG, Hapag-
Lloyd (America) LLC, Hapag-Lloyd USA, LLC, Respondents; Notice of
Filing of Complaint and Assignment
Served: June 30, 2023.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (hereinafter ``Commission'') by Rahal
International, Inc. (hereinafter ``Complainant'') against Hapag-Lloyd
AG, Hapag-Lloyd (America), LLC, and Hapag-Lloyd USA, LLC (hereinafter
collectively referred to as ``Respondents''). Complainant states that
it is an independent importer and broker and corporation duly organized
under the laws of Delaware with a principal place of business in
Illinois. Complainant identifies Hapag-Lloyd AG as a global ocean
common carrier based in Germany with a principal place of business in
Germany. Complainant identifies Hapag-Lloyd (America), LLC as a United
States limited liability company and agent and subsidiary of Hapag-
Lloyd AG with its principal office located in Georgia. Complainant
identifies Hapag-Lloyd USA, LLC as a United States limited liability
company, ocean common carrier/common carrier, and agent and subsidiary
of Hapag-Lloyd AG with its principal office located in New Jersey.
Complainant alleges that Respondents violated the Shipping Act of
1984, as amended, 46 U.S.C. 40101 to 46108, specifically including that
Respondents violated 46 U.S.C. 41102(c), 41104(a)(2)(A), 41104(a)(14),
41104(a)(15), 41104(d) and part 545 of title 46, Code of Federal
Regulations regarding a failure to establish, observe, and enforce just
and reasonable regulations and practices relating to or connected with
receiving, handling, storing or delivering Complainant's property, the
assessment of excessive charges, inconsistent and/or noncompliant
charges, and noncompliant demurrage or detention charges. The
Complainant alleges these violations arose from Respondents failure to
provide adequate facilities for the return of empty containers while
continuing to accept business and charge excessive ocean freight fees
with knowledge of the lack of facilities and without providing
alternatives, as well as, resulting logistical paralysis that precluded
Complainant from its retrieval of loaded containers.
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/23-05/">https://www2.fmc.gov/readingroom/proceeding/23-05/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
in this proceeding shall be issued by July 1, 2024, and the final
decision of the Commission shall be issued by January 15, 2025.
William Cody,
Secretary.
[FR Doc. 2023-14293 Filed 7-6-23; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on July 7, 2023.
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