Notice2024-00280
Visual Comfort & Co., Complainant v. COSCO Shipping Lines (North America) Inc., 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
January 10, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1574-1575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00280]
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FEDERAL MARITIME COMMISSION
[DOCKET NO. 24-01]
Visual Comfort & Co., Complainant v. COSCO Shipping Lines (North
America) Inc., Respondent; Notice of Filing of Complaint and Assignment
Served: January 4, 2024.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by Visual Comfort & Co. (the
``Complainant'') against COSCO Shipping Lines (North America) Inc. (the
``Respondent''). Complainant states that the Commission has
jurisdiction over the complaint pursuant to 46 U.S.C. 41301 through
41309 and personal jurisdiction over Respondent as an ocean common
carrier as defined in 46 CFR 520.2.
Complainant is a corporation organized under the laws of Texas with
its principal place of business located in Houston, Texas, and is a
shipper as defined in 46 U.S.C. 40102(23).
Complainant identifies Respondent as a Chinese global ocean carrier
with an office in the United States located in Secaucus, New Jersey,
and as a vessel-operating ocean common carrier as defined in 46 U.S.C.
40102(18).
Complainant alleges that Respondent violated 46 U.S.C. 41102(c) and
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; and an
unreasonable refusal to deal or negotiate. Complainant alleges these
violations arose from assessment of demurrage, detention, per diem, and
yard storage charges during periods of time in which the charges were
not just or reasonable because of circumstances outside the control of
the Complainant and its agents and service providers, and because of
acts or omissions of the Respondent.
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/24-01/">https://www2.fmc.gov/readingroom/proceeding/24-01/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges.
[[Page 1575]]
The initial decision of the presiding judge shall be issued by January
6, 2025, and the final decision of the Commission shall be issued by
July 21, 2025.
Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2024-00280 Filed 1-9-24; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on January 10, 2024.
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