Notice2024-10983
PKDC, LLC, Complainant v. CMA CGM S.A., 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
May 20, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43851-43852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10983]
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FEDERAL MARITIME COMMISSION
[DOCKET NO. 24-21]
PKDC, LLC, Complainant v. CMA CGM S.A., Respondent; Notice of
Filing of Complaint and Assignment
Served: May 15, 2024.
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by PKDC, LLC (the
``Complainant'') against CMA CGM S.A. (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 personal jurisdiction over the Respondent as an ocean
common carrier, as defined by 46 U.S.C. 40102(7) and (18), that has
entered into a service contract, as defined by 46 U.S.C. 40102(21).
Complainant is a limited liability company existing under the laws
of the State of Colorado with its principal place of business in
Denver, Colorado.
Complainant identifies Respondent as a corporation organized under
the laws of France with a corporate headquarters in Marseille, France
who does business in the United States through CMA CGM (America) LLC,
with its principal place of business in Norfolk, Virginia.
Complainant alleges that Respondent violated 46 U.S.C. 41102(c),
41104(a)(2), 41104(a)(9), and 41104(a)(10), and 46 CFR 545.5.
Complainant alleges these violations arose from a practice of
systematically refusing to meet service commitments, a requirement that
[[Page 43852]]
extracontractual surcharges be paid prior to performance of service
commitments, and an assessment of unreasonable 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/24-21/">https://www2.fmc.gov/readingroom/proceeding/24-21/</a>. This proceeding has been assigned to the Office of
Administrative Law Judges. The initial decision of the presiding judge
shall be issued by May 15, 2025, and the final decision of the
Commission shall be issued by December 1, 2025.
David Eng,
Secretary.
[FR Doc. 2024-10983 Filed 5-17-24; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on May 20, 2024.
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