Notice2024-06219
AirBoss Defense Group, LLC, Complainant v. FedEx Trade Networks Transport & Brokerage, Inc.; Mediterranean Shipping Company S.A. and Mediterranean Shipping Company (USA) Inc., as Agent for Mediterranean Shipping Company S.A.; and Total Terminals International, LLC, 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
March 25, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 58 (Monday, March 25, 2024)</title>
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[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20654-20655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06219]
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FEDERAL MARITIME COMMISSION
[DOCKET NO. 24-14]
AirBoss Defense Group, LLC, Complainant v. FedEx Trade Networks
Transport & Brokerage, Inc.; Mediterranean Shipping Company S.A. and
Mediterranean Shipping Company (USA) Inc., as Agent for Mediterranean
Shipping Company S.A.; and Total Terminals International, LLC,
Respondents
Served: March 20, 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 AirBoss Defense Group, LLC
(the ``Complainant'') against FedEx Trade Networks Transport &
Brokerage, Inc.; Mediterranean Shipping Company S.A. and Mediterranean
Shipping Company (USA) Inc., as agent for Mediterranean Shipping
Company S.A.; and Total Terminals International, LLC (the
``Respondents''). Complainant states that the Commission has subject
matter jurisdiction under the Shipping Act of 1984, as amended, 46
U.S.C. 40101 et seq.
Complainant is a limited liability company existing under the laws
of the State of Delaware and, at all material times, was a purchaser of
goods in international commerce.
Complainant identifies Respondent FedEx Trade Networks Transport &
Brokerage, Inc. as a New York
[[Page 20655]]
corporation with a principal place of business in Memphis, Tennessee
and as a non-vessel-operating common carrier.
Complainant identifies Respondent Mediterranean Shipping Company
S.A. as a global container shipping company and ocean common carrier
with its headquarters in Geneva, Switzerland that conducts business in
the United States through Mediterranean Shipping Company (USA) Inc.,
whose office is in New York, New York.
Complainant identifies Respondent Total Terminals International,
LLC as a corporation organized and existing under the laws of State of
Delaware and was a marine terminal operator with a principal place of
business in Long Beach, California.
Complainant alleges that Respondents violated 46 U.S.C. 41102(c);
41104(a)(14) and (15); 41104(d); 41104(f); and 46 CFR 545.4 and 545.5.
Complainant alleges these violations arose from the continued
assessment of demurrage, detention, chassis, and per diem charges (the
``charges''), a failure to extend the free time, and other acts and
omissions related to containers with goods that were subject to a
United States Customs and Border Protection Withhold Release Order (the
``containers''). Complainant also alleges that Respondent FedEx Trade
Networks Transport & Brokerage, Inc. violated 46 U.S.C. 41104(a)(2) and
(11) and 46 CFR 532.5. Complainant alleges these violations arose from
the acceptance of cargo that did not have a tariff or bond, a demand
for payment of charges without invoices, and other acts and omissions
related to the containers.
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/24-14/">https://www2.fmc.gov/readingroom/proceeding/24-14/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by March 20, 2025, and the final decision of the
Commission shall be issued by October 6, 2025.
David Eng,
Secretary.
[FR Doc. 2024-06219 Filed 3-22-24; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on March 25, 2024.
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