Last week, CMA CGM responded to a $186 million claim filed against it by Samsung Electronics America, telling shipping media outlet Splash that it believed it had complied with its contractual obligations and applicable regulations in the pandemic-era cargo dispute.

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In a statement to Splash, CMA CGM said: “CMA CGM has taken note of the complaint filed by Samsung Electronics America (SEA). This commercial dispute concerns transactions carried out under exceptional circumstances during the COVID-19 pandemic. CMA CGM believes that its conduct complied with its contractual obligations and applicable regulations. Given that the relevant proceedings are still ongoing, the group will not comment further.”

At the end of August, Samsung Electronics America sued CMA CGM before the U.S. Federal Maritime Commission (FMC), seeking at least $186 million and alleging multiple violations of the U.S. Shipping Act of 1984 between 2020 and 2023 in connection with direct-to-store shipments transported through U.S. ocean and rail terminals.

The $186 million claim includes $148 million in allegedly unlawful demurrage, detention, rail storage and related charges, at least $8.1 million in expenses to take over inland transportation and other mitigation work, and at least $30 million in prejudgment interest. Samsung is also seeking other damages, including unquantified lost revenue and legal and employee costs.

Samsung alleges that CMA CGM repeatedly failed to complete inland transportation for which it had already paid, leaving Samsung to bear demurrage, detention, rail storage and other charges arising from delays. Samsung claims it was charged more than 121,000 separate demurrage, detention and rail storage fees for delays entirely beyond its control.

The case advanced on September 9, when the FMC docket was updated to show that an order appointing an administrative law judge had been issued and an initial order had been served. As of Wednesday evening, no formal answer from CMA CGM had been listed on the docket.

According to the FMC notice, CMA CGM must answer the complaint within 25 days of service on September 1. An initial decision is expected by September 1, 2027, and the Commission’s final decision by March 15, 2028.


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