Samsung Electronics America claims CMA CGM owes $186 million for logistics failures during the pandemic, citing extensive delays and fees.
Samsung Electronics America has filed a complaint with the U.S. Federal Maritime Commission (FMC) against the French shipping and logistics company CMA CGM, seeking at least $186 million in damages due to disruptions in container shipping and inland logistics services during the pandemic.
In the complaint filed under FMC case number 26-12, Samsung alleges that CMA CGM failed to fulfill its inland transportation obligations between 2020 and 2023, while passing on the costs of demurrage, detention, and rail storage fees resulting from delays to Samsung.
Transportation model changed during the pandemic
At the beginning of 2020, Samsung transitioned from the traditional port-to-port shipping model to a door-to-door delivery model known as 'store-door' for U.S. imports. Under this model, CMA CGM became responsible not only for maritime transport but also for transporting containers to designated delivery points within the U.S.
According to Samsung's claims, CMA CGM repeatedly failed to meet these inland transportation obligations due to issues such as port congestion, chassis shortages, and truck driver shortages during the pandemic.
As a result, Samsung asserts that it has incurred over 121,000 instances of demurrage, detention, and rail storage fees due to delays beyond its control. The company argues that a significant portion of these fees stemmed from the carrier's failure to fulfill its own inland transportation obligations.
Storage fees exceeding $160,000 per container
The complaint notes that some containers faced high storage costs. In one example, it is reported that the storage fee related to a rail shipment exceeded $160,000.
In another incident, it is claimed that the total storage cost for a rail operation involving containers waiting in Savannah reached approximately $3.75 million.
Samsung also alleges that CMA CGM unilaterally converted some prepaid 'store-door' shipments into 'container yard' (CY) deliveries, thereby shifting the inland transportation responsibility previously assumed by the carrier back onto Samsung.
Claims of cargo blockage until payment is made
Another significant allegation in Samsung's complaint is that CMA CGM imposed blockages on cargo during fee disputes.
Samsung claims that after refusing to pay disputed invoices, CMA CGM blocked not only the containers in question but also some shipments unrelated to any fee disputes. The company argues that this constitutes pressure aimed at collecting the disputed fees.
Claim reaches $186 million
The total amount Samsung is seeking from the FMC is at least $186 million. This includes approximately:
$148 million: demurrage, detention, and rail storage fees,
$8.1 million: additional expenses incurred by Samsung to address inland transportation issues,
$30 million: interest and other claims.
This figure stands out as one of the largest maritime compensation claims brought before the FMC in the U.S.
Decision may come in 2028
The FMC notified CMA CGM of Samsung's complaint on September 1, 2026. The company has a 25-day period to respond to the Commission.
The case has been sent to the Office of Administrative Law Judges at the FMC. The initial decision is expected by September 1, 2027, and the Commission's final decision is anticipated by March 15, 2028.
At the heart of the case is a significant question arising from the supply chain crisis during the pandemic: Should the carrier, which undertook inland transport under the contract, or the cargo owner bear the costs of delays in port and land transportation due to extraordinary circumstances?
Samsung's filing will be one of the most notable examples of this question before the FMC.
Source: SeaNews Türkiye
