FMC Investigating Wan Hai Lines and Ocean Network Express

On December 30, 2021, the Federal Maritime Commission instituted two Orders of Investigation and Hearing with respect to:

1. Ocean Network Express PTD. LTD. and Ocean Network Express (North America), Inc., and

2. Wan Hai Lines, Ltd. and/or Wan Hai Lines (U.S.A.) Ltd.

The FMC seeks to determine whether the companies violated section 41102(c) of the Shipping Act. Specifically, acting pursuant to 46 U.S.C. 41302(a) and 41304, and 46 CFR 502.63, that investigation is instituted to determine -- Whether Ocean Network Express PTD. LTD. and Ocean Network Express (North America), Inc. are violating or have violated section 41102(c) of the Shipping Act by failing to establish, observe, and enforce just and reasonable regulations and practices relating to its practice of demanding payment of charges from Greatway Logistics Group, LLC (Greatway) despite Greatway not being liable for such charges. With respect to Wan Hai, acting pursuant to Section 41102(c) of Title 46 of the United States Code, that investigation is instituted to determine -- Whether Wan Hai Lines, Ltd. and/ or Wan Hai Lines (USA) Ltd. are violating or have violated section 41102(c) of the Shipping Act by failing to establish, observe, and enforce just and reasonable regulations and practices relating to its assessment of charges on containers when return locations with corresponding appointments were unavailable.