CMA CGM has pushed back against Samsung Electronics America’s $186m claim before the US Federal Maritime Commission, telling Splash it believes it complied with its contractual obligations and applicable regulations during the pandemic-era shipments at the centre of the dispute.
In a statement provided to Splash, the French carrier said: “CMA CGM has taken note of the complaint filed by Samsung Electronics America (SEA). This commercial dispute concerns transactions carried out under the exceptional circumstances of the Covid-19 pandemic. Believing that it acted in accordance with its contractual obligations and applicable regulations, and as these proceedings are ongoing, the Group will not make any further comments.”
The response follows Samsung’s complaint accusing CMA CGM of widespread Shipping Act violations linked to store-door cargo moving through US marine and rail terminals between 2020 and 2023.
As Splash reported earlier this week, Samsung claims CMA CGM repeatedly failed to complete inland transportation it had been paid to perform, while leaving the electronics giant to pick up demurrage, detention, rail storage and other costs generated by the delays. The complaint covers more than 121,000 individual charges.
Samsung is seeking at least $186m in reparations. That includes $148m in allegedly unlawful demurrage, detention, rail storage and associated costs, at least $8.1m spent taking over inland transport and other mitigation work, and at least $30m in prejudgment interest. It is also seeking other damages, including lost revenue and legal and employee costs that have not yet been quantified.
The electronics group alleges that CMA CGM at times terminated or diverted prepaid store-door shipments after discharge and converted them to container-yard moves, forcing Samsung to organise the final inland leg. It has also challenged the carrier’s use of cargo holds and its handling of disputed charges. CMA CGM’s statement is its first response supplied to Splash to those allegations.
The case moved a step forward on Wednesday, with the FMC docket updated to show an order designating an administrative law judge and the service of an initial order. No formal answer from CMA CGM was listed on the docket as of Wednesday evening. Under the FMC notice, the carrier has 25 days from the September 1 service date to answer the complaint. The initial decision is due by September 1, 2027, followed by a final commission decision by March 15, 2028.
Samsung’s wider push against liner operators over pandemic-era container charges has meanwhile produced movement in two other cases.
Its dispute with OOCL was formally brought to a close on September 8 after the FMC approved a confidential settlement and dismissed Samsung’s amended complaint with prejudice. Samsung had been seeking about $16.3m from OOCL in another case involving alleged failures to perform inland transportation on store-door shipments and related detention and demurrage charges.
