Samsung hits CMA CGM with $186m complaint in US over delivery failures

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Samsung Electronics America (SEA) is seeking at least $186 million in reparations from the world’s third largest container line CMA CGM in one of the largest post-pandemic regulatory claims filed with US regulators against a major container carrier.

The complaint, filed recently at the Federal Maritime Commission (FMC), accuses the liner operator of widespread violations of the US Shipping Act, alleging unjust and unreasonable practices regarding inland transportation, demurrage and detention billing, and cargo release policies between 2020 and 2023.

The $186 million claim includes $148 million in unlawful demurrage, detention, and rail storage costs; $8.1 million in operational mitigation expenses, and $30 million in prejudgment interest.

“The staggering costs of demurrage and detention charges were unsustainable, presented a material threat to SEA’s ability to provide its products to US consumers, and made it necessary to bring this complaint,” according to filing

Samsung pointed out that it had attempted to resolve the dispute through in-person meetings in 2025 and 2026. Despite those efforts, however, “CMA CGM has refused to engage meaningfully in efforts to address SEA’s claims and resolve the disputes with repayment of demurrage and detention and related charges SEA was forced to pay,” the complaint notes.

At the heart of Samsung’s complaint is the execution of “store door” deliveries, whereby an ocean carrier is contractually obligated to arrange and pay for intermodal container moves via rail and/or truck from a discharge port to a warehouse or distribution center.

“In store door delivery, the ocean carrier issues a through bill of lading or sea waybill indicating the marine port at which a container is discharged and an inland ‘place of delivery’ to which the ocean carrier undertakes to transport the container after the container is discharged from the vessel at the port”, Samsung’s complaint explains.

However, beginning in approximately 2020, CMA CGM began repeatedly failing to perform its inland transportation obligations of SEA’s merchandise to inland destinations properly, Samsung alleges, with the carrier citing severe port congestion and shortages of rail chassis. Despite CMA CGM’s responsibility under through bills of lading, the carrier systematically shifted the financial burden of the service shortfalls onto Samsung, the electronics company contends.

Samsung asserted it was subjected to over 121,000 separate demurrage, detention, and rail storage fees arising from delays entirely outside its control. In one example involving multiple containers arriving at an inland rail ramp in 2021, CMA CGM’s alleged failure to undertake its transportation obligations caused over $3.7 million in accrued rail storage charges.

Samsung also claims that CMA CGM enforced coercive “finance holds” and account suspensions on unrelated and uninhibited import shipments to force payment of disputed demurrage invoices.

Samsung’s filing references several other complaints filed at the FMC against CMA CGM brought by major retailers and others challenging the legality of the carrier’s detention and demurrage practices. In 2024, CMA CGM paid $1.98 million to resolve allegations that it improperly demanded payment from a third party who should not have been billed.

Samsung has requested a formal hearing on the matter at FMC headquarters in Washington, D.C.

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