Notice2023-26472
Notice of Filing of Complaint and Assignment; 20230930-DK-Butterfly-1, Inc., Complainant v. MSC Mediterranean Shipping Company SA, Respondent
Primary source
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Published
December 1, 2023
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83943]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26472]
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FEDERAL MARITIME COMMISSION
[Docket No. 23-12]
Notice of Filing of Complaint and Assignment; 20230930-DK-
Butterfly-1, Inc., Complainant v. MSC Mediterranean Shipping Company
SA, Respondent
Served: November 28, 2023.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by 20230930-DK-Butterfly-1,
Inc. (the ``Complainant'') against MSC Mediterranean Shipping Company
SA (the ``Respondent''). Complainant states that the Commission has
subject matter jurisdiction over the complaint pursuant to the Shipping
Act of 1984, as amended, 46 U.S.C. 40101 et seq., and has personal
jurisdiction over Respondent as an ``ocean common carrier'' that has
entered into a ``service contract'', as these terms are defined in the
Shipping Act at 46 U.S.C. 40102.
Complainant is a corporation existing under the laws of New York
with a mailing address in Union, New Jersey. Prior to filing a change
of name certificate to its present name, the Complainant's corporate
name was Bed Bath & Beyond Inc. For the purposes of the allegations of
the complaint, the Complainant was a ``shipper'' as this term is
defined by 46 U.S.C. 40102(23). Complainant identifies Respondent MSC
Mediterranean Shipping Company SA as a company existing under the laws
of Switzerland with a principal place of business located in Geneva,
Switzerland and as a vessel-operating ``ocean common carrier'' as this
term is defined by 46 U.S.C. 40102(18).
Complainant alleges that Respondent violated 46 U.S.C. 41102(c),
41102(d), 41104(a)(2), 41104(a)(10) 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 condition on performance requiring the payment
of extracontractual prices and surcharges, such as peak season
surcharges, and amendments or premium rate addenda to service contracts
prior to full performance of its service commitments; a failure to
allocate space as agreed upon and instead, allocating space to shippers
willing to pay higher freight prices; an unreasonable assessment of
demurrage and detention charges during periods of congestion and
shortages of equipment at ports; and a refusal to accommodate requests
for a full or partial refund of demurrage and detention charges.
An answer to the complaint must be filed with the Commission within
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/23-12/">https://www2.fmc.gov/readingroom/proceeding/23-12/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by November 27, 2024, and the final decision of the
Commission shall be issued by June 11, 2025.
Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2023-26472 Filed 11-30-23; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on December 1, 2023.
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