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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3867-3868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00784]

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FEDERAL MARITIME COMMISSION

[Docket No. 25-02]

 Nielsen & Bainbridge, LLC, Complainant v. Ocean Network Express 
Pte. Ltd.; Orient Overseas Container Line Limited; OOCL (Europe) 
Limited; Evergreen Line Joint Service Agreement (FMC Agreement No. 
011982); Evergreen Marine Corporation (Taiwan) Ltd.; Evergreen Marine 
(UK) Limited, Italia Marittima SpA; Evergreen Marine (Hong Kong) Ltd.; 
Evergreen Marine (Singapore) Pte. Ltd.; And Yang Ming Marine Transport 
Corporation, Respondents; 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 Nielsen & Bainbridge, LLC 
(the ``Complainant'') against Ocean Network Express Pte. Ltd.; Orient 
Overseas Container Line Limited; OOCL (Europe) Limited; Evergreen Line 
Joint Service Agreement (FMC Agreement No.011982); Evergreen Marine 
Corporation (Taiwan) Ltd.; Evergreen Marine (UK) Limited; Italia 
Marittima SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine 
(Singapore) Pte. Ltd.; and Yang Ming Marine Transport Corporation 
(collectively, the ``Respondents''). Complainant states 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. and 
personal jurisdiction over each of the

[[Page 3868]]

Respondents as ocean common carriers, 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 limited liability company existing under the laws 
of Delaware with a mailing address in New Rochelle, New York that 
formerly conducted business as ``NBG Home.''
    Complainant identifies Respondent Ocean Network Express Pte. Ltd. 
as a company existing under the laws of Singapore with its principal 
place of business located in Singapore whose agent in the United States 
is Ocean Network Express (North America) Inc. with its principal place 
of business located in Richmond, Virginia.
    Complainant identifies Respondent Orient Overseas Container Line 
Limited as a company existing under the laws of Hong Kong with its 
principal place of business located in Wanchai, Hong Kong whose agent 
in the United States is OOCL (USA) Inc. with its principal place of 
business located in South Jordan, Utah.
    Complainant identifies Respondent OOCL (Europe) Limited as a 
company existing under the laws of the United Kingdom with its 
principal place of business located in Levington Suffolk, United 
Kingdom whose agent in the United States is OOCL (USA) Inc. with its 
principal place of business located in South Jordan, Utah.
    Complainant identifies Respondent Evergreen Marine Corporation 
(Taiwan) Ltd. as a company existing under the laws of Taiwan with its 
principal place of business located in Taipei City, Taiwan.
    Complainant identifies Respondent Evergreen Marine (UK) Limited as 
a company existing under the laws of the United Kingdom with its 
principal place of business located in London, United Kingdom.
    Complainant identifies Respondent Italia Marittima SpA as a company 
existing under the laws of Italy with its principal place of business 
located in Trieste, Italy.
    Complainant identifies Respondent Evergreen Marine (Hong Kong) Ltd. 
as a company existing under the laws of Hong Kong with its principal 
place of business located in Wan Chai, Hong Kong.
    Complainant identifies Respondent Evergreen Marine (Singapore) Pte. 
Ltd. as a company existing under the laws of Singapore with its 
principal place of business in Southpoint, Singapore.
    Complainant identifies Respondent Evergreen Line Joint Service 
Agreement (FMC Agreement No. 011982) as a vessel-operating ocean common 
carrier consisting of Evergreen Marine Corporation (Taiwan) Ltd., 
Evergreen Marine (UK) Limited, Italia Marittima SpA, Evergreen Marine 
(Hong Kong) Ltd., Evergreen Marine (Singapore) Pte. Ltd., and non-
party, Evergreen Marine (Asia) Pte. Ltd.
    Complainant identifies Respondent Yang Ming Marine Transport 
Corporation as a company existing under the laws of Taiwan with its 
principal place of business located in Keelung City, Taiwan whose agent 
in the United States is Yang Ming (America) Corp. with its principal 
place of business located in Newark, New Jersey.
    Complainant alleges that Respondents violated 46 U.S.C. 41102(c), 
41104(a)(2), 41104(a)(10); 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 
and to require amendments to service contracts, an unreasonable 
assessment of demurrage and detention charges, and other acts or 
omissions of the 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 https://www2.fmc.gov/readingroom/proceeding/25-02/. This proceeding has been assigned to the Office of 
Administrative Law Judges. 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. 2025-00784 Filed 1-14-25; 8:45 am]
BILLING CODE P
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