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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3868-3869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00780]

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FEDERAL MARITIME COMMISSION

[Docket No. 25-03]

Euromarket Designs, Inc., Complainant v. MSC Mediterranean 
Shipping Company SA; Ocean Network Express Pte. Ltd.; Evergreen Line 
Joint Service Agreement (FMC Agreement No. 011982); Evergreen Marine 
Corp. (Taiwan) Ltd., Evergreen Marine (UK) Limited; Italia Marittima 
SpA; Evergreen Marine (Hong Kong) Ltd.; Evergreen Marine (Singapore) 
Pte. Ltd.; HMM Company Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime 
Co., Inc.; China United Transport, Inc.; Cosco Shipping Lines Co., 
Ltd.; And Wan Hai Lines Ltd., 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 Euromarket Designs, Inc. 
(the ``Complainant'') against MSC Mediterranean Shipping Company SA; 
Ocean Network Express Pte. Ltd.; Evergreen Line Joint Service Agreement 
(FMC Agreement No. 011982); Evergreen Marine Corp. (Taiwan) Ltd., 
Evergreen Marine (UK) Limited; Italia Marittima SpA; Evergreen Marine 
(Hong Kong) Ltd.; Evergreen Marine (Singapore) Pte. Ltd.; HMM Company 
Limited; Maersk A/S; CMA CGM S.A.; Apex Maritime Co., Inc.; China 
United Transport, Inc.; COSCO SHIPPING Lines Co., Ltd.; and Wan Hai 
Lines Ltd. (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. (the ``Shipping Act''). Complainant states that the Commission has 
personal jurisdiction over some of the Respondents as ocean common 
carriers, as defined in 46 U.S.C. 40102(18), that entered into a 
service contract, as defined in 46 U.S.C. 40102(21), with Complainant, 
and others as vessel-operating ocean common carriers, as defined in 46 
U.S.C. 40102(18), and non-vessel-operating common carriers, as defined 
in 46 U.S.C. 40102(17).
    Complainant is a corporation existing under the laws of Illinois 
with a mailing address in Northbrook, Illinois.
    Complainant identifies Respondent MSC Mediterranean Shipping 
Company SA as a company existing under the laws of Switzerland with its 
principal place of business located in Geneva, Switzerland.
    Complainant identifies Respondent Ocean Network Express Pte. Ltd. 
as a

[[Page 3869]]

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 Evergreen Marine Corp. (Taiwan) 
Ltd. as a company existing under the laws of Taiwan with its principal 
place of business located in Taipei City, Taiwan whose agent in the 
United States is Evergreen Shipping Agency (America) Corp. with its 
principal place of business located in Jersey City, New Jersey.
    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, England.
    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 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. with its principal place of business 
located in Irving, Texas.
    Complainant identifies Respondent Maersk A/S as a company existing 
under the laws of Denmark with its principal place of business located 
in Copenhagen, Denmark whose agent in the United States is Maersk 
Agency U.S.A., Inc. with its principal place of business located in 
Florham Park, New Jersey.
    Complainant identifies Respondent CMA CGM S.A. as a company 
existing under the laws of France with its principal place of business 
located in Marseilles, France whose agent in the United States is CMA 
CGM (America) LLC with its principal place of business located in 
Norfolk, Virginia.
    Complainant identifies Respondent Apex Maritime Co., Inc. as a 
company existing under the laws of California with its principal place 
of business located in Burlingame, California.
    Complainant identifies Respondent China United Transport, Inc. as a 
company existing under the laws of the People's Republic of China with 
its principal place of business located in Shanghai, China.
    Complainant identifies Respondent COSCO SHIPPING Lines Co., Ltd. as 
a company existing under the laws of the People's Republic of China 
with its principal place of business located in Shanghai, China whose 
agent in the United States is COSCO SHIPPING Lines (North America) Inc. 
with its principal place of business located in Secaucus, New Jersey.
    Complainant identifies Respondent Wan Hai Lines Ltd. as a company 
existing under the laws of Taiwan with its principal place of business 
located in Taipei, Taiwan whose agent in the United States is Wan Hai 
Lines (USA) Ltd. with its principal place of business located in Long 
Beach, California.
    Complainant alleges that all 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 the assessment of demurrage and 
detention charges during periods of time in which the charges were not 
just or reasonable because of circumstances outside the control of the 
Complainant, the assessment of these charges under non-compliant bills 
of lading, and other acts or omissions of the Respondents.
    Complainant alleges that the Respondents that entered into a 
service contract with Complainant violated 46 U.S.C. 41102(c) and 
41104(a)(2). 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, and other acts or omissions of these 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/25-03/. 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. 2025-00780 Filed 1-14-25; 8:45 am]
BILLING CODE P
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