Notice2023-18902
Hubbell Incorporated and HUBS, Inc., Complainants v. DSV Air & Sea, Inc. and DSV Ocean Transport A/S, 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
September 1, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Page 60463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18902]
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FEDERAL MARITIME COMMISSION
[DOCKET NO. 23-09]
Hubbell Incorporated and HUBS, Inc., Complainants v. DSV Air &
Sea, Inc. and DSV Ocean Transport A/S, Respondents; Notice of Filing of
Complaint and Assignment
Notice is given that a complaint has been filed with the Federal
Maritime Commission (``Commission'') by Hubbell Incorporated and HUBS,
Inc. (the ``Complainants'') against DSV Air & Sea, Inc. and DSV Ocean
Transport A/S (collectively, the ``Respondents''). Complainants state
that the Commission has subject-matter jurisdiction over the complaint
under the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et seq.
(the ``Shipping Act'') and personal jurisdiction over the Respondents
as regulated and registered Non-Vessel-Operating Common Carriers
(``NVOCC'').
Complainant Hubbell Incorporated is a Connecticut corporation with
its corporate headquarters in Shelton, Connecticut.
Complainant HUBS, Inc. is a Delaware corporation with a principal
place of business in Shelton, Connecticut.
Complainants identify Respondent DSV Air & Sea, Inc. as an entity
organized under the laws of the state of Delaware with a principal
place of business in Iselin, New Jersey. Complainants identify
Respondent DSV Ocean Transport A/S as a foreign entity with an address
in Denmark. Complainants state Respondents hold themselves out as part
of a global transport and logistics company.
Complainants allege that Respondents violated 46 U.S.C.
41104(a)(2), 41102(c), 41102(a)(3), and 41104(d)(2)(B) and 46 CFR
531.6(c) regarding service not in accordance with the terms of an NVOCC
Service Arrangement (``NSA''), unjust and unreasonable practices in
handling property, and retaliation and other unfair or unjustly
discriminatory methods for any other reason. Complainants allege these
violations arose from a failure to comply with the termination, rate,
and billing terms of negotiated NSAs; an attempt to make material
changes to the NSAs; an overcharge of freight, demurrage and detention,
and accessorial charges; and a complaint filed in Delaware federal
court.
An answer to the complaint must 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/23-09/">https://www2.fmc.gov/readingroom/proceeding/23-09/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by August 28, 2024, and the final decision of the
Commission shall be issued by March 12, 2025.
Served: August 28, 2023.
Carl Savoy,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2023-18902 Filed 8-31-23; 8:45 am]
BILLING CODE 6730-02-P
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