Notice2025-00779

20230930-DK-Butterfly-1, INC., Complainant v. BAL Container Line Co., Limited, 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
January 15, 2025

Issuing agencies

Federal Maritime Commission

Full Text

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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3869-3870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00779]


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FEDERAL MARITIME COMMISSION

[Docket No. 25-01]


20230930-DK-Butterfly-1, INC., Complainant v. BAL Container Line 
Co., Limited, Respondent. Notice of Filing of Complaint and Assignment

Served: January 8, 2025.
    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (the ``Commission'') by 20230930-DK-Butterfly-1, 
Inc. (the ``Complainant'') against BAL Container Line Co., Limited (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 Respondent as an ocean common carrier, as defined in 46 U.S.C. 
40102(18).
    Complainant is a corporation existing under the laws of New York 
with a mailing address in Union, New Jersey, that was formerly known as 
Bed Bath & Beyond, Inc.
    Complainant identifies Respondent as a company existing under the 
laws of the Hong Kong Special Administrative Region of the People's 
Republic of China with its principal place of business located in 
Sheung Wan, Hong Kong.
    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 the assessment of detention and demurrage charges during 
periods of time in which the charges were not just or reasonable 
because of circumstances outside the control of Complainant and its 
agents and service providers, and the acts or omissions of Respondent 
that led to the assessment of such 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/25-01/">https://www2.fmc.gov/readingroom/proceeding/25-01/</a>. This proceeding has been assigned to the Office of 
Administrative Law Judges.

[[Page 3870]]

The initial decision of the presiding judge shall be issued by January 
8, 2026, and the final decision of the Commission shall be issued by 
July 22, 2026.

David Eng,
Secretary.
[FR Doc. 2025-00779 Filed 1-14-25; 8:45 am]
BILLING CODE P


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Indexed from Federal Register on January 15, 2025.

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