Notice2023-20037
Rahal International Inc., Complainant v. Hapag-Lloyd AG, Hapag-Lloyd (America), LLC, and Hapag-Lloyd USA, LLC, Respondents and Third-Party Complainants v. Maher Terminals, LLC, GCT New York LP, and GCT Bayonne PL, Third-Party Respondents; Notice of Filing of Third-Party Complaint
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]
[Page 63575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20037]
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FEDERAL MARITIME COMMISSION
[Docket No. 23-05]
Rahal International Inc., Complainant v. Hapag-Lloyd AG, Hapag-
Lloyd (America), LLC, and Hapag-Lloyd USA, LLC, Respondents and Third-
Party Complainants v. Maher Terminals, LLC, GCT New York LP, and GCT
Bayonne PL, Third-Party Respondents; Notice of Filing of Third-Party
Complaint
Served: September 8, 2023.
Notice is given that a third-party complaint has been filed with
the Federal Maritime Commission (the ``Commission'') by Hapag-Lloyd AG,
Hapag-Lloyd (America), LLC, and Hapag-Lloyd USA, LLC (collectively, the
``Third-Party Complainants'') against Maher Terminals, LLC, GCT New
York LP, and GCT Bayonne PL (collectively, the ``Third-Party
Respondents'') in Docket No. 23-05. Third-Party Complainants state that
the Commission has subject-matter jurisdiction over the third-party
complaint under the Shipping Act of 1984, as amended, 46 U.S.C. 40101
et seq. (the ``Shipping Act''), 46 CFR 502.12, and 46 CFR 502.62(b)(4),
and further state that the Commission has personal jurisdiction over
the Third-Party Respondents due to an alleged violation of the Shipping
Act and the third-party claims arising out of a common nucleus of
operative facts as those against Hapag-Lloyd AG, Hapag-Lloyd (America),
LLC, and Hapag-Lloyd USA, LLC.
Complainant Rahal International Inc. is an independent importer and
broker of high-quality fruit juices, concentrates, and purees in the
United States, and is organized and existing under the laws of the
state of Delaware with a principal place of business in Oak Brook,
Illinois.
Respondent and Third-Party Complainant Hapag-Lloyd AG is a global
ocean carrier company based in Hamburg, Germany.
Respondent and Third-Party Complainant Hapag-Lloyd (America), LLC
is a United States subsidiary and agent of Hapag-Lloyd AG with its
office located in Atlanta, Georgia.
Respondent and Third-Party Complainant Hapag-Lloyd USA, LLC is a
United States subsidiary and agent of Hapag-Lloyd AG with its office
located in Atlanta, Georgia.
Third-Party Complainants identify Third-Party Respondent Maher
Terminals, LLC as a marine terminal operator located in Elizabeth, New
Jersey. Third-Party Complainants identify Third-Party Respondents GCT
New York LP and GCT Bayonne LP as a marine terminal operator located in
Staten Island, New York.
Third-Party Complainants allege that Third-Party Respondents
violated 46 U.S.C. 41102(c) regarding a failure to establish, observe,
and enforce just and reasonable regulations and practices related to or
connected with receiving, handling, storing, or delivering property.
Third-Party Complainants allege this violation arose from Third-Party
Respondents' full control and operation of the containers and their
assessment, billing, and collection of the charges at issue in
Complainant Rahal International Inc.'s Verified Complaint (the
``Verified Complaint''), and seek, in the event that the Commission
finds Third-Party Complainants liable under the Verified Complaint, an
order requiring Third-Party Respondents to pay for all damages assessed
as a result of the Verified Complaint, along with attorneys' fees.
An answer to the third-party complaint must be filed with the
Commission within twenty-five (25) days after the date of service.
The full text of the third-party 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 is assigned to the
Office of Administrative Law Judges. The initial decision of the
presiding judge shall be issued by July 1, 2024, and the final decision
of the Commission shall be issued by January 15, 2025.
Jason Guthrie,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2023-20037 Filed 9-14-23; 8:45 am]
BILLING CODE 6730-02-P
</pre></body>
</html>Indexed from Federal Register on September 15, 2023.
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