[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84139-84140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24231]


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FEDERAL MARITIME COMMISSION

[Docket No. 24-08]


TZ SSE Buyer, LLC, Complainant v. Orient Overseas Container Line 
Limited and OOCL (Europe) Limited, Respondents; Notice of Filing of 
Amended Complaint

Served: October 15, 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 Orient Overseas Container Line Limited 
and OOCL (Europe) Limited (the ``Respondents''). 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 Respondents as ocean common carriers, as defined in 46 U.S.C. 
40102(18), that entered into service contracts, 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

[[Page 84140]]

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 Orient Overseas Container Line 
Limited as a company existing under the laws of Hong Kong with its 
principal place of business in Wan Chai, Hong Kong, and as a global 
ocean carrier that acts in the United States through its agent, OOCL 
(USA) Inc., a New York company with a principal place of business in 
South Jordan, Utah.
    Complainant identifies Respondent OOCL (Europe) Limited as a 
company existing under the laws of the United Kingdom with a principal 
place of business in Suffolk, United Kingdom, and as a global ocean 
carrier that acts in the United States through its agent, OOCL (USA) 
Inc., a New York company with a principal place of business in South 
Jordan, Utah.
    Complainant alleges that Respondents 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 complainants and their agents and service providers, and from 
the acts or omissions of the Respondents that led to the assessment of 
these charges.
    An answer to the amended complaint must be filed with the 
Commission as provided in Administrative Law Judge Mary Apostolakos 
Hervey's October 11, 2024, Order Granting Motion for Leave to File 
Second Amended Complaint. The full text of the amended complaint and 
this order can be found in the Commission's electronic Reading Room at 
https://www2.fmc.gov/readingroom/proceeding/24-08/.
    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. 2024-24231 Filed 10-18-24; 8:45 am]
BILLING CODE 6730-02-P