2024-03510. Notice of Filing of Complaint and Assignment; Impact Products, LLC and Safety Zone, LLC, Complainants, v. Orient Overseas Container Line Ltd. and OOCL (Europe) Ltd., Respondents

Served: February 14, 2024.

Notice is given that a complaint has been filed with the Federal Maritime Commission (the “Commission”) by Impact Products, LLC and Safety Zone, LLC (the “Complainants”) against Orient Overseas Container Line Limited and OOCL (Europe) Limited (the “Respondents”). Complainants state that the Commission has jurisdiction over the 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 Complainants.

Complainant Impact Products, LLC is a corporation located in Toledo, Ohio. Complainant Safety Zone, LLC is a corporation located in Guilford, Connecticut. Complainants are shippers as this term is defined under 46 U.S.C. 40102(23).

Complainants identify 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.

Complainants identify 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.

Complainants allege that Respondents violated 46 U.S.C. 41102(c) and 41104(a)(10) and 46 CFR 545.5. Complainants allege 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 Complainants and its 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 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/​24-08/​. This proceeding has been assigned to the Office of Administrative Law Judges. 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.