Samsung Electronics America has filed a formal complaint with the Federal Maritime Commission (FMC), seeking at least $186 million in damages from ocean carrier CMA CGM over alleged unlawful demurrage and detention fees.
The dispute centers on carrier-arranged inland transportation (store-door moves) for U.S.-bound cargo. According to the filing, CMA CGM repeatedly failed to fulfill its inland delivery obligations beginning in mid-2020. Samsung asserts that the ocean carrier neglected to timely pull containers from marine terminals or deliver them to designated inland destinations, resulting in cascading delays outside the shipper’s control.
Rather than absorbing the costs tied to these logistics breakdowns, CMA CGM billed the electronics manufacturer for the resulting storage and container-use fees. The filing details:
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Over 121,000 Disputed Invoices: Samsung claims it was assessed more than 121,000 separate demurrage, detention, and related accessorial charges directly caused by carrier-side inland failures.
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External Disruptions Cited as Justification: CMA CGM allegedly pointed to widespread terminal congestion, chassis deficits, and drayage driver shortages to justify the assessments, rejecting Samsung’s formal requests to cancel, mitigate, or waive the fees.
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Operational Impact: The manufacturer argued that the escalating costs posed a direct threat to its U.S. supply chain and retail distribution channels.
This action follows a broader trend of major beneficial cargo owners (BCOs) challenging ocean carrier billing practices under the Ocean Shipping Reform Act (OSRA). Notably, the complaint was lodged just days after the FMC approved a confidential settlement between Samsung and ocean carrier Wan Hai Lines resolving similar container penalty disputes.
CMA CGM has not publicly commented on the pending litigation.
