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Complaint Filed Against NVOCC for Misdeclaration

USL Auto Exporting Inc., a vehicle exporter, filed a complaint against Easy Shipping Corporation, a licensed NVOCC and OFF based in Illinois, early December 2023.

 

According to USL Auto, in April 2023, they entered into a contract with Easy Shipping to ship 4 vehicles from Savannah, Georgia to Libya. Easy Shipping sent them a booking confirmation. The container was successfully loaded into the vessel in late April.

 

However on May 11, 2023, CMA-CGM reached out to Easy Shipping and noted a misdeclaration in the shipping instructions for the cargo. Easy Shipping reportedly replied to CMA-CGM saying that the warehouse made the mistake. But upon careful review of the dock receipt, USL Auto said it was Easy Shipping that made the mistake.

 

In light of the misdeclaration, CMA-CGM redirected the container back to Savannah and imposed a $2,000 penalty for the oversight.

 

According to USL Auto, Easy Shipping's neglect and inaccurate declaration of the shipping instructions caused them to incur a total of $8,910 in charges. In addition, USL Auto says that Easy Shipping also caused the returned container to incur demurrage fees of $26,130. Furthermore, by not paying the demurrage fees, Easy Shipping caused USL Auto to lose the cargo, which total $31,800. USL Auto also claims that Easy Shipping's actions deprived them of customary profits amounting to a loss of $12,000.

 

USL Auto is asking the Federal Maritime Commission to, among others, award them damages in an amount in excess of $52,710 plus interest. Read the complaint here.

 

In their response, Easy Shipping said they are unaware of the company USL Auto Exporting Inc. Easy Shipping said they only communicated with an individual, Khalid Arwini, for his personal shipment.

 

Easy Shipping alleged that Mr. Arwini requested only booking with CMA-CGM and documentation of the dock receipt from them.

 

According to Easy Shipping, CMA-CGM contacted them that the container contained prohibited import to Libya and that's why the container was pulled and returned back to Savannah.

 

Easy Shipping says Mr. Arwini had agreed to be held financially responsible for the container. They said Mr. Arwini was aware and agreed to all charges and fees that were needed for the container to be unloaded and released.

 

Easy Shipping is asking the FMC to, among others, order Mr. Arwini to pay for the required demurrage and detention, and storage outstanding balance that was agreed to cover all cost of the shipped container. Read the Response here.

 

The Honorable Alex M. Chintella will preside at the hearings and presentation of evidence as may be necessary to resolve this complaint.

 

AP Tariffs Inc. has experts available to provide legal consultation in English and Spanish. AP Tariffs is more than just a tariff publisher, it is an excellent partner for both non-vessel operating common carriers (NVOCCs) and vessel operating common carriers (VOCCs) in navigating FMC rules and maintaining compliance with FMC regulations.

 

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