Notice2024-03139

Notice of Filing of Amended Complaint and Assignment; Visual Comfort & Co., Complainant V. Cosco Shipping Lines Co., Ltd., Respondent

Primary source

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Published
February 15, 2024

Issuing agencies

Federal Maritime Commission

Full Text

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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Page 11834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03139]


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FEDERAL MARITIME COMMISSION

[Docket No. 24-01]


Notice of Filing of Amended Complaint and Assignment; Visual 
Comfort & Co., Complainant V. Cosco Shipping Lines Co., Ltd., 
Respondent

Served: February 9, 2024.
    Notice is given that an amended complaint has been filed with the 
Federal Maritime Commission (the ``Commission'') by Visual Comfort & 
Co. (the ``Complainant'') against COSCO Shipping Lines Co., Ltd. (the 
``Respondent''). Complainant states that the Commission has 
jurisdiction over the amended 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 
located in Shanghai, People's Republic of China with an office/general 
agent 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. 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 from the acts or 
omissions of the Respondent that led to the assessment of these 
charges.
    An answer to the amended complaint must be filed with the 
Commission within 14 days after the date of service of the 
Administrative Law Judge's Order Granting Complainant's Motion to Amend 
Complaint and Substitute Respondent, and Granting Respondent's Motion 
to Dismiss.
    The full text of the amended 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 
Administrative Law Judge Linda S. Harris Crovella. 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.

David Eng,
Secretary.
[FR Doc. 2024-03139 Filed 2-14-24; 8:45 am]
BILLING CODE 6730-02-P


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Indexed from Federal Register on February 15, 2024.

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