20230930-DK-Butterfly-1, Inc., Complainant v. CMA CGM S.A., Respondent; Notice of Filing of Complaint and Assignment

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Published

September 9, 2025

Issuing agencies

Federal Maritime Commission

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<title>Federal Register, Volume 90 Issue 172 (Tuesday, September 9, 2025)</title>
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[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Notices]
[Page 43430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17273]


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FEDERAL MARITIME COMMISSION

[Docket No. 25-25]


20230930-DK-Butterfly-1, Inc., Complainant v. CMA CGM S.A., 
Respondent; Notice of Filing of Complaint and Assignment

    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 CMA CGM S.A. (the ``Respondent''). 
Complainant states that the Commission has subject matter jurisdiction 
over the complaint pursuant to the Shipping Act, 46 U.S.C. 41301 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 France with its principal place of business located in 
Marseilles, 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) 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/25-25/">https://www2.fmc.gov/readingroom/proceeding/25-25/</a>. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by September 4, 2026, and the final decision of the 
Commission shall be issued by March 18, 2027.

(Authority: 46 U.S.C. 41301; 46 CFR 502.61(c))

    Served: September 4, 2025.
Jennifer Everling,
Assistant Secretary.
[FR Doc. 2025-17273 Filed 9-8-25; 8:45 am]
BILLING CODE 6730-02-P


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