Notice2023-20035
Bed Bath & Beyond Inc., Complainant v. Yang Ming Marine Transport Corp., Respondent; 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 15, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)</title>
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63574-63575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20035]
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FEDERAL MARITIME COMMISSION
[Docket No. 23-10]
Bed Bath & Beyond Inc., Complainant v. Yang Ming Marine Transport
Corp., Respondent; Notice of Filing of Complaint and Assignment
Served: September 12, 2023.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by Bed Bath & Beyond Inc. (the
``Complainant'') against Yang Ming Marine Transport Corp. (the
``Respondent''). Complainant states 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 Respondent as an ocean common carrier who entered
into a service contract with Complainant.
Complainant is a corporation existing under the laws of New York
with a principal place of business in Union, New Jersey, and a shipper
for the purposes of the allegations made in the complaint.
Complainant identifies Respondent as a company existing under the
laws of Taiwan with a principal place of business in Keelung, Taiwan,
and an ocean common carrier.
[[Page 63575]]
Complainant alleges that Respondent violated 46 U.S.C. 41102(c),
41104(a)(2), 41104(a)(10), and 41102(d), and 46 CFR 545.5 regarding a
failure to establish, observe, and enforce just and reasonable
practices relating to receiving, handling, storing, and delivering
property; a failure to provide service in the liner trade that is in
accordance with a service contract; an unreasonable refusal to deal or
negotiate; and retaliation against a shipper. Complainant alleges these
violations arose from a failure to allocate space as agreed upon and
instead, allocating space to shippers willing to pay higher freight
prices; a condition on performance requiring the payment of
extracontractual prices and surcharges, such as peak season surcharges
throughout more than 90% of the service contract period, prior to full
performance of its service commitments; an unreasonable assessment of
demurrage and detention charges during periods of congestion and
shortages of equipment at ports; and a refusal to deal unless an
amendment reducing the minimum quantity commitments under the service
contract was agreed to.
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/23-10/">https://www2.fmc.gov/readingroom/proceeding/23-10/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by September 12, 2024, and the final decision of the
Commission shall be issued by March 27, 2025.
Jason Guthrie,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2023-20035 Filed 9-14-23; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on September 15, 2023.
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