Notice2026-10670
Down Quark Systems, LLC and SunnySide Digital, Inc., Complainants v. Zim American Integrated Shipping Services Co., LLC; Zim Integrated Shipping Services, Ltd.; and Port of Houston Authority of Harris County, Texas, Respondents; 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 29, 2026
Issuing agencies
Federal Maritime Commission
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Page 32050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10670]
[[Page 32050]]
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FEDERAL MARITIME COMMISSION
[Docket No. 26-07]
Down Quark Systems, LLC and SunnySide Digital, Inc., Complainants
v. Zim American Integrated Shipping Services Co., LLC; Zim Integrated
Shipping Services, Ltd.; and Port of Houston Authority of Harris
County, Texas, Respondents; Notice of Filing of Complaint and
Assignment
Notice is given that a complaint has been filed with the Federal
Maritime Commission (the ``Commission'') by Down Quark Systems, LLC and
SunnySide Digital, Inc. (collectively, the ``Complainants'') against
Zim American Integrated Shipping Services Co., LLC; Zim Integrated
Shipping Services, Ltd.; and Port of Houston Authority of Harris
County, Texas (collectively, the ``Respondents''). Complainants state
that the Commission has subject-matter jurisdiction over this Complaint
pursuant to the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et
seq.
Complainant Down Quark Systems, LLC is a limited liability company
organized and existing under the laws of the state of Delaware with its
principal place of business in Delaware.
Complainant SunnySide Digital, Inc. is a corporation organized and
existing under the laws of the province of Ontario, Canada, with its
principal place of business in Ontario, Canada.
Complainants identify respondent Zim Integrated Shipping Services,
Ltd. as a global ocean carrier with its principal place of business
located in Haifa, Israel, whose agent in the United States is
respondent Zim American Integrated Shipping Services Co., an entity
with its principal place of business located in Norfolk, Virginia.
Complainants state that the Commission has personal jurisdiction over
the ``Zim Respondents'' as, collectively, a ``vessel operating `ocean
common carrier''' as that term is defined by 46 U.S.C. 40102(7) and
(18).
Complainants identify respondent Port of Houston Authority of
Harris County, Texas (``Houston Bayport'') as a governmental entity
organized and existing under the laws of the state of Texas with its
executive offices in Houston, Texas. Complainants state that the
Commission has personal jurisdiction over Houston Bayport as a marine
terminal operator as that term is defined by 46 U.S.C. 40102(16) and 46
CFR 525.1(c)(13).
Complainants allege that Respondents violated, inter alia, 46
U.S.C. 41102(c); 41104(a)(2)(A), (a)(14)-(15)(B), (c); 41106(2); and 46
CFR 541.1-541.8 and 545.5. Complainants allege these violations arose
from the assessment of demurrage and ``dwell'' charges during periods
of time in which Complainants' ability to move its containers was
constrained due to circumstances beyond its control, the charging of
fees without issuance of proper invoices, the failure to publish
separate demurrage rates for unique container types, the filing of two
retaliatory lawsuits in United States District Court, and other acts or
omissions by Respondents.
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/26-07/">https://www2.fmc.gov/readingroom/proceeding/26-07/</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 26, 2027, and the final decision of the
Commission shall be issued by December 10, 2027.
(Authority: 46 U.S.C. 41301; 46 CFR 502.61(c))
Served: May 26, 2026.
David Eng,
Secretary.
[FR Doc. 2026-10670 Filed 5-28-26; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on May 29, 2026.
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