Notice2026-00292

20230930-DK-Butterfly-1, Inc., Complainant v. HMM Company 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 12, 2026

Issuing agencies

Federal Maritime Commission

Full Text

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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Page 1180]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00292]



[[Page 1180]]

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FEDERAL MARITIME COMMISSION

[Docket No. 26-01]


20230930-DK-Butterfly-1, Inc., Complainant v. HMM Company 
Limited, 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 HMM Company 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), that has entered into a service contract, as defined in 46 
U.S.C. 40102(21), with Complainant.
    Complainant is a corporation existing under the laws of the state 
of New York with a mailing address in Union, New Jersey.
    Complainant identifies Respondent HMM Company Limited as a company 
existing under the laws of the Republic of Korea with its principal 
place of business located in Seoul, Korea whose agent in the United 
States is HMM (America), Inc., a company existing under the laws of the 
state of Texas with its principal place of business located in Irving, 
Texas.
    Complainant alleges that Respondent violated 46 U.S.C. 41102(c); 
41104(a)(2), (10), and (14); and 46 CFR 545.5. Complainant alleges 
these violations arose from a practice of systematically failing to 
meet service commitments, the use of coercion to require payment of 
extracontractual surcharges prior to performance of service 
commitments, the assessment of demurrage and detention charges during 
periods of time in which Complainant's ability to pick up or return 
containers was constrained due to circumstances beyond its control, and 
other acts or omissions of Respondent.
    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/26-01/">https://www2.fmc.gov/readingroom/proceeding/26-01/</a>. This proceeding has been assigned to the Office of 
Administrative Law Judges. The initial decision of the presiding judge 
shall be issued by January 4, 2027, and the final decision of the 
Commission shall be issued by July 16, 2027.

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

    Served: January 2, 2026.
David Eng,
Secretary.
[FR Doc. 2026-00292 Filed 1-9-26; 8:45 am]
BILLING CODE 6730-02-P


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Indexed from Federal Register on January 12, 2026.

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