Notice2024-01008
ICL USA, Inc., Complainant v. Dependable Highway Express, Inc. and Mediterranean Shipping Company, (USA) INC., on Behalf Of Mediterranean Shipping Company, S.A., Respondents
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 19, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 13 (Friday, January 19, 2024)</title>
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[Federal Register Volume 89, Number 13 (Friday, January 19, 2024)]
[Notices]
[Pages 3654-3655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01008]
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FEDERAL MARITIME COMMISSION
[Docket No. 24-04]
ICL USA, Inc., Complainant v. Dependable Highway Express, Inc.
and Mediterranean Shipping Company, (USA) INC., on Behalf Of
Mediterranean Shipping Company, S.A., Respondents
Served: January 12, 2024.
Notice of Filing of Complaint and Assignment
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by ICL
[[Page 3655]]
USA, Inc. (the ``Complainant'') against Dependable Highway Express,
Inc. (``DHE'') and Mediterranean Shipping Company, (USA) Inc., on
behalf of Mediterranean Shipping Company, S.A. (``MSC''). Complainant
states that the Commission has subject matter jurisdiction over the
complaint under the Shipping Act of 1998, as amended, 46 U.S.C. 40101
et seq. Complainant states that the Commission has personal
jurisdiction over Respondent DHE as a party for the purposes of this
proceeding when it acted directly or indirectly in conjunction with
Respondent MSC in some instances and personal jurisdiction over
Respondent MSC as an ocean common carrier as this term is defined at 46
U.S.C. 40102(18).
Complainant ICL USA, Inc. is a corporation organized and existing
under the laws of the New York with its principal place of business in
Rosedale, New York and acts as a destination agent in the United States
for various affiliated Commission registered non-vessel-operating
common carriers.
Complainant identifies Respondent DHE as a corporation organized
and existing under the laws of California with a principal place of
business in Los Angeles, California and as a Federal Motor Carrier
Safety Administration motor carrier.
Complainant identified Respondent MSC as an entity headquartered in
Geneva, Switzerland with an agent in the United States located in New
York and as a vessel-operating common carrier.
Complainant alleges that the Respondents violated 46 U.S.C.
41104(a)(2)(A) and 41102(c) and 46 CFR 545.5, because Respondent DHE
acted directly or indirectly in conjunction with Respondent MSC to
assess unauthorized per diem related charges, including Admin Fees.
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/24-04/">https://www2.fmc.gov/readingroom/proceeding/24-04/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by January 13, 2025, and the final decision of the
Commission shall be issued by July 28, 2025.
Alanna Beck,
Federal Register Alternate Liaison Officer, Federal Maritime
Commission.
[FR Doc. 2024-01008 Filed 1-18-24; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on January 19, 2024.
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