 CMA CGM fires back at Samsung? $186m FMC claim |
Source |
American Shipper |
Post Date |
10/06/2026 |
|
Carrier argues electronics giant ?rofited handsomely?during pandemic but was unprepared for surge in imports
Container line CMA CGM has mounted a strong defense against Samsung Electronics?$186 million Federal Maritime Commission (FMC) complaint, asking regulators to dismiss the case and refuting allegations of temic Shipping Act violations.
In a verified answer filed at the FMC this week, the French liner operator pushed back against Samsung? account of pandemic-era service failures, describing the complaint as a ?isguided campaign?to shift responsibility onto CMA CGM ?and other carriers ?for the electronics giant? own logistical shortfalls.
?hen the dust settles it will become abundantly clear that Samsung? revenues during the relevant timeframe increased massively, that it profited handsomely from supplying its products to the American consumer during the Covid 19 pandemic, but that it was unprepared for the substantial growth and lacked the capabilities to handle and receive the increased volumes it elected to import,?CMA CGM asserted, which the carrier conts is what caused Samsung? alleged losses.
?either the Shipping Act nor the relevant contractual provisions allow Samsung to shift responsibility in this manner.?
At the core of the dispute is Samsung? allegation that CMA CGM failed to perform its inland drayage and rail obligations under ?tore door?through bills of lading, unfairly saddling the carrier with millions of dollars in unlawful demurrage, detention, and rail storage fees.
CMA CGM responded that some of Samsung? claims are barred by the terms of a separate 2023 settlement agreement between the two companies. But it also pointed out that some of the damages sought in the complaint are ?mproper on their face,?such as costs for off-dock container yard space.
?hile off-dock storage is generally less expensive than on-dock storage, the only plausible explanation as to why a consignee or receiver of cargo would need to choose between the two forms of storage is if it was unable or unwilling to take delivery of the cargo,?CMA CGM stated.
The carrier also criticized a lack of specificity in the complaint, noting that Samsung failed to identify specific container numbers across several alleged violations, making it difficult to investigate the problem. ?o further illustrate the difficulty, CMA CGM has identified instances in which the same container was used for different shipments consigned?to Samsung, the carrier the noted.
CMA CGM? response sets up what could be a long legal battle between the two companies at the FMC. According to an agency filing, an initial decision by an administrative law judge will be issued by September 2027, with a final FMC determination anticipated in March 2028.
|
|
|
|
