Samsung seeks $186M from CMA CGM in container charges dispute

Samsung says it paid more than 121,000 demurrage, detention and associated charges, including more than 26,000 individual demurrage charges and over 94,000 detention-type charges. The company alleges that the bills resulted from delays outside its control.

The requested reparations include approximately $148 million in disputed demurrage, detention, rail storage and related charges and costs; at least $8.1 million in additional expenses incurred carrying out inland transportation obligations and mitigating disruptions; and approximately $30 million in prejudgment interest. Samsung also seeks other compensation, including legal fees, meaning its total demand could exceed $186 million.

Samsung challenges cargo holds and delivery changes

Samsung alleges that CMA CGM used cargo and finance holds to compel payment of disputed invoices, sometimes withholding the movement, release or delivery of containers unrelated to the charges in dispute.

The company also accuses CMA CGM of converting some store-door shipments to container-yard arrangements without its approval. Those changes left Samsung responsible for arranging inland transportation that it says CMA CGM had already agreed to provide.

One example cited in the complaint involves a container shipped from Busan, South Korea, through the Port of Long Beach to The Colony, Texas, in 2021. Samsung alleges that the container accumulated approximately $162,800 in rail storage charges after its delivery arrangement was changed from store-door to container-yard service.

Samsung contends the carrier’s conduct violated Section 41102(c) of the Shipping Act, which requires common carriers to establish and follow just and reasonable practices related to receiving, handling, storing and delivering cargo. It is asking the FMC to award reparations and order CMA CGM to cease the allegedly unlawful practices.

CMA CGM disputes liability

CMA CGM has characterized the dispute as arising from the exceptional operating conditions of the Covid-19 pandemic and maintains that it complied with its contractual obligations and applicable regulations.
“CMA CGM disputes Samsung Electronics America’s allegations of Shipping Act violations and has filed its response with the Federal Maritime Commission, requesting dismissal of the complaint,” a company representative said in an email to FreightWaves. “CMA CGM’s position is set out in its filing. As the proceedings are ongoing, we will not comment further on the substance of the dispute.”

This article was updated Oct. 8 to add comment from CMA CGM.

Read more articles by Stuart Chirls here.

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