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Lloyd's Maritime Law Newsletter

Plastique Tags Inc v Asia Trans Line Inc and Others (The “Cho Yang World”) - US Court of Appeals (11th Circuit)(Edmondson Ct J and Fay and Gibson Snr Ct JJ) - 28 May 1996

Carriage of goods by sea - Sealed container supplied by Korean firm and delivered to carrier - Carrier delivered container to receiver in New York - Contents of container found to be missing on delivery - Shipper sues carrier and freight forwarder but not Korean supplier - Whether shipper has cause of action against carrier and freight forwarder under COGSA

A freight forwarder, Asia Trans Line Inc, contracted to transport one sealed container from a firm in Korea to the plaintiffs in New York. The Korean firm represented that the container held 4,437,500 plastic bags. Asia Trans issued a bill of lading for the cargo, which stated: “ ‘Shipper’s load and count’ said to contain: 5,600 boxes/4,437,500 ... plastic bags.”

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