Notice2024-23845
TZ SSE Buyer, LLC, Complainant v. Yang Ming Marine Transport Corp., Respondent; Notice of Filing of Amended Complaint
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
October 16, 2024
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 89 Issue 200 (Wednesday, October 16, 2024)</title>
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[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Notices]
[Page 83497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23845]
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FEDERAL MARITIME COMMISSION
[Docket No. 24-10]
TZ SSE Buyer, LLC, Complainant v. Yang Ming Marine Transport
Corp., Respondent; Notice of Filing of Amended Complaint
Served: October 8, 2024.
Notice is given that an amended complaint has been filed with the
Federal Maritime Commission (the ``Commission'') by TZ SSE Buyer, LLC
(the ``Complainant'') against Yang Ming Marine Transport Corp. (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 the Respondent as an ocean
common carrier, as defined in 46 U.S.C. 40102(18), that has entered
into a service contract, as defined in 46 U.S.C. 40102(21), with the
original complainants.
Complainant is a Delaware limited liability company with a
principal place of business in Toledo, Ohio. Impact Products, LLC and
Safety Zone, LLC (the ``original complainants'') filed the verified
complaint in this proceeding on February 7, 2024, and subsequently
filed for Chapter 11 bankruptcy and sold the claims asserted in this
proceeding to Complainant. The original complainants are shippers as
this term is defined under 46 U.S.C. 40102(23) with offices in Ohio,
Tennessee, and Connecticut, among other locations.
Complainant identifies Respondent as a company existing under the
laws of Taiwan with a principal place of business in Keelung, Taiwan
and as a global ocean carrier who acts in the United States by and
through its agent, Yang Ming (America) Corp., a Texas company with an
office in Houston, Texas.
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
original parties and their 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 as provided in Chief Administrative Law Judge Erin M.
Wirth's October 4, 2024, Order Granting Motion for Leave to File
Amended Complaint. The full text of the amended complaint and this
order can be found in the Commission's electronic Reading Room at
<a href="https://www2.fmc.gov/readingroom/proceeding/24-10/">https://www2.fmc.gov/readingroom/proceeding/24-10/</a>.
The initial decision of the presiding judge shall be issued by
February 14, 2025, and the final decision of the Commission shall be
issued by August 29, 2025.
David Eng,
Secretary.
[FR Doc. 2024-23845 Filed 10-15-24; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on October 16, 2024.
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