Complaint before the Federal Maritime Commission - Docket No. 22-33 - CCMA v. Mediterranean Shipping Company S.A.

Oct 3, 2026

Complaint filed by CCMA, LLC against Mediterranean Shipping Company S.A. and its U.S. agent, alleging violations of the Shipping Act of 1984. The pleading asserts federal Maritime Commission subject-matter and personal jurisdiction and seeks reparations for injuries arising from failures to establish just and reasonable practices for receiving, handling, storing, and delivering cargo. It describes delays tied to U.S. Customs examinations, refusal to extend free time, and assessment of substantial demurrage charges.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages8

Reading Time20 min

AccessFree to download

COMPLAINT

Complainant

Respondents

Jurisdiction

Factual Allegations

Customs Hold and Examination

Demurrage

BEFORE THE FEDERAL MARITIME COMMISSION DOCKET NO. 22-33 CCMA, LLC, COMPLAINANT, December 5, 2022 v. MEDITERRANEAN SHIPPING COMPANY S.A. and MEDITERRANEAN SHIPPING COMPANY (USA) INC., as agent for Mediterranean Shipping Company S.A. RESPONDENTS. COMPLAINT Complainant CCMA, LLC (“Complainant” or “CCMA”), by its undersigned attorneys, files this Complaint against Respondents herein, alleging violations ofthe Shipping Act of 1984, 46 U.S.C. § 40101, et. seq. (the “Shipping Act”) as follows: I. COMPLAINANT 1. Complainant CCMA is a corporation organized and existing under the laws of the State of Delaware, with a principal place of business at 450 Corporate Parkway Suite 100 Amherst, NY 14226. II. RESPONDENTS 2. Mediterranean Shipping Company S.A. (“MSC”) is a global container shipping company founded in 1970 and headquartered at Chemin Rieu 12-14, CH-1208 Geneva, Switzerland. It is an ocean common carrier conducting business in the United States through Mediterranean Shipping Company (USA) Inc. Mediterranean Shipping Company (USA) Inc.’s office is located at 420 5th Avenue, 8th Floor, New York, NY 10018. MSC, by itself and through its common carrier subsidiaries and affiliated companies, provides container ocean transportation of cargo to and from the United States. MSC is and was at all times pertinent to this Complaint an ocean common carrier within the meaning of the Shipping Act, 46 U.S.C. § 40102(7), subject to regulation by the Federal Maritime Commission (“FMC”) . III. JURISDICTION 3. The FMC has subject-matter jurisdiction over this Complaint pursuant to the Shipping Act of 1984, as amended. 4. This Complaint is being filed pursuant to Section 11(a) of the Shipping Act, 46 U.S.C. § 41301. CCMA is seeking reparations for injuries caused to it by Respondents due to their violations of 46 U.S.C. § 41102(c) . 5. The FMC has personal jurisdiction over MSC as a “common carrier” as defined in 46 U.S.C. § 40102(7) . 6. Respondents’ actions alleged herein constitute failures by Respondents to establish, observe, and enforce just and reasonable practices relating to receiving, handling, storing, and delivering the property ofCCMA, in violation of 46 U.S.C. § 41102(c) and 46 C.F.R. §§545.4 and 545.5. IV. FACTUAL ALLEGATIONS 7. In or about October 2021, CCMA purchased high carbon ferrochrome which was loaded into ten (10) 20-foot dry van containers (hereinafter, the “Containers”) . 8. In or about October 2021, MSC transported the Containers from Durres, Albania to Seattle, Washington under MSC bill of lading MEDUYB000352 (hereinafter, the “Shipment”) . CCMA was listed as the consignee on MSC bill of lading. A. Customs Hold and Examination 9. On November 1, 2021, CCMA was notified by Mohawk Global (“Mohawk”), the customs broker, that the Shipment was under U.S. Customs and Border Protection (“CBP”) review. On November 4, 2021, Mohawk notified CCMA that the bill of lading was on an agriculture hold and that CBP would require the Containers to be moved to a customs examination station (“CES”) . 10. On November 5, 2021, the CES, operated by Mercer Distribution & Transport (“Mercer”), advised Mohawk that it could not move the Containers to the CES until sometime after expiration of the last free day (November 11, 2021) allowed for pick-up of the Containers. 11. On November 9, 2021, CCMA was advised by CBP that only one designated Container needed to be moved to the CES to be examined. However, Mercer refused to move the designated Container, citing its weight, and CBP refused to release the remaining containers until the exam for the flagged Container had been completed. 12. In order to minimize any delays with respect to the exam, CCMA arranged for the motor carrier Chandi Transport, LLC (“Chandi”) to move the container to the CES. On November 11, Chandi confirmed its availability to pick up the container. However, Chandi was unable to obtain an appointment to drop off the con

FAQs

Who filed the complaint and who are the respondents?

CCMA, LLC filed the complaint. The respondents are Mediterranean Shipping Company S.A. and Mediterranean Shipping Company (USA) Inc., as agent for Mediterranean Shipping Company S.A.

What legal basis is cited for filing the complaint?

The complaint states it is filed pursuant to Section 11(a) of the Shipping Act, 46 U.S.C. § 41301, alleging violations of provisions including 46 U.S.C. § 41102(c).

What events led to the customs delay described in the complaint?

The shipment was placed under U.S. Customs and Border Protection review and an agriculture hold requiring movement to a customs examination station. Only one designated container was required for examination, but delays occurred until the examination was completed and the holds were released.

Oct 3, 2026

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