Yang Ming made available about one-quarter of the container ship space it agreed to provide to discount retailer Dollar General in 2021, forcing the discount retailer to book freight at higher spot rates as the ocean carrier sold capacity to forwarders, according to a complaint made to the US Federal Maritime Commission.

The complaint, filed last week, marks the latest instance of shippers claiming their freight was bumped during the COVID-19 container surge. Dollar General's complaint marks at least the fifth filed since 2022 against Yang Ming over its service contract commitments.

Dollar General is seeking $14.77 million in damages; Yang Ming did not respond to a request for a comment.

Dollar General claims that its service contract with Yang Ming included a commitment to ship 2,226 containers during the 2021 service year. The carrier was to provide 130% of weekly, prorated capacity for those containers as long as Dollar General provided shipment forecasts about a month ahead of time.

Despite Dollar General providing rolling forecasts of its anticipated shipments, it said Yang Ming failed to meet its capacity commitment during 11 of 14 weeks in 2021. Ultimately, Dollar General only secured space for 616 containers under its service contract, forcing it“to seek carriage from other sources at higher rates, or else forgo shipments entirely,”it said in the complaint.

“Yang Ming knew before the beginning of the 2021 shipping year that it had overcommitted space to its service contract customers and would not be able to satisfy the signed minimum quantity commitments — yet it continued to finalize and execute contracts anyway,”Dollar General alleged.

The complaint cites Yang Ming internal data that shows at the beginning of the 2021 shipping year the company allocated about 40% of its vessel capacity to beneficial cargo owners (BCOs), with the remainder sold to non-vessel-operating common carriers (NVOs), primarily in the spot market. However,“Yang Ming ultimately allocated less than 30% of its total capacity to its BCO customers while allocating approximately 70% to its NVO customers,”Dollar General alleged in the complaint.

Larger BCOs were also favored over smaller BCOs, the complaint alleges. Dollar General cited an internal email at Yang Ming that it came into possession of, saying some of the carrier’s major BCOs “are receiving almost 400 TEUs above what we agreed to give them.”Despite a request from a local Yang Ming representative to reallocate that space to smaller BCOs,“every single customer ... knows what is happening. Someone is getting the space and it is the [fixed] accounts that are paying the most,”according to one Yang Ming email cited in the complaint.