PKDC, LLC, Complainant v. CMA CGM S.A., Respondent; Notice of Filing of Complaint and Assignment

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Maritime Commission [DOCKET NO. 24-21] Served: May 15, 2024. Notice is given that a complaint has been filed with the Federal Maritime Commission (the “Commission”) by PKDC, LLC (the “Complainant”) against CMA CGM S.A. (the “Respondent”). Complainant states that the Commission has subject matter jurisdiction over the complaint pursuant to the Shipping Act of 1984, as amended, 46 U.S.C. 40101 et seq. and personal jurisdiction over the Respondent as an ocean common carrier, as defined by 46 U.S.C. 40102(7) and (18) , that has entered into a service contract, as defined by 46 U.S.C. 40102(21) . Complainant is a limited liability company existing under the laws of the State of Colorado with its principal place of business in Denver, Colorado. Complainant identifies Respondent as a corporation organized under the laws of France with a corporate headquarters in Marseille, France who does business in the United States through CMA CGM (America) LLC, with its principal place of business in Norfolk, Virginia. Complainant alleges that Respondent violated 46 U.S.C. 41102(c) , 41104(a)(2) , 41104(a)(9) , and 41104(a)(10) , and 46 CFR 545.5 . Complainant alleges these violations arose from a practice of systematically refusing to meet service commitments, a requirement that ( printed page 43852) extracontractual surcharges be paid prior to performance of service commitments, and an assessment of unreasonable demurrage and detention charges. An an…