[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Notices]
[Page 12008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5406]


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FEDERAL MARITIME COMMISSION

[Docket No. 00-04]


Al Kogan d/b/a Galaway International v. World Express Shipping, 
Transportation and Forwarding Services, Inc. D/B/A W.E.S.T. Forwarding 
Services (FMC Lic. #3118-R); Notice of Filing of Complaint and 
Assignment

    Notice is given that a complaint was filed by Al Kogan d/b/a 
Galaway International (``Complainant''), against World Express 
Shipping, Transportation and Forwarding Services, Inc. d/b/a W.E.S.T. 
Forwarding Services (FMC Lic. #3118-R) (``Respondent''). Complainant 
alleges that Respondent, engaged in the freight forwarding and shipping 
business as both an ocean freight forwarder and a non-vessel operating 
carrier, violated sections 10(b)(1), 10(b)(5), 10(b)(6)(E), 10(b)(12) 
and 10(d)(1) of the Shipping Act of 1984, 46 U.S.C. app. 
Secs. 1709(b)(1), 1709(b)(5), 1709(b)(6)(E), 1709(b)(12) and 
1709(d)(1), (``1984 Act'') in connection with a shipment of a container 
of auto parts from Chicago, Illinois, to Moscow, Russia. Complainant 
alleges that these violations were caused by Respondent failing to 
follow Complainant's instructions to route the container through Kotka, 
Finland, thereby forcing Complainant to pay more than the original 
amount quoted by Respondent; by discriminating against Complainant in 
delaying the shipment to Kotka, causing Complainant to lose his 
customer and in refusing to release the container in Kotka, causing 
Complainant to incur demmurrage charges and damages and costs related 
to the eventual delivery of the goods; subjecting Complainant to unfair 
and discriminatory practices in connection with the adjustment and 
settlement of the claims involved with the container; subjecting 
Complainant to an unreasonable refusal to deal and undue and 
unreasonable prejudice by holding the container hostage in Kotka; and 
by improperly billing Complainant and refusing to cooperate with 
Complainant and thereby failing to establish, observe, and enforce just 
and reasonable practices relating to or connected with receiving, 
handling, storing or delivery property.
    Additionally, Complainant alleges that Respondent violated the 
following Commission rules under 46 CFR Part 510 (1998): 
Secs. 510.21(f)(1998), by placing false information on the involved 
shipping documents; 510.22(b)(1998), by withholding information 
concerning the shipment; 510.22(c)(1998), by failing to exercise due 
diligence concerning the shipment; 510.22(d)(1998), by preparing 
erroneous documents in connection with the shipment; 510.22(g)(1998), 
by failing to substantiate its invoice charges or to provide true 
copies of its underlying documents for its invoices when requested by 
the Complainant; 510.22(j)(1998), by failing to account for the 
overpayments, adjustments of charges, reductions in rates, insurance 
refunds and other sums due Complainant; 510.23(a)(1998), by failing to 
fully disclose Complainant's identity in Respondent's dealings with 
another carrier; 510.23(f)(1998), by causing duplicative compensation 
for services; and 510.23(h), by receiving compensation in connection 
with a shipment in which it has a beneficial interest.
    Complainant requests that the Commission order Respondent to cease 
and desist from the aforesaid violations of the Act; to establish and 
put into force such practices as the Commission determines to be lawful 
and reasonable; to pay Complainant reparations in the sum of $250,000 
with interest and attorney's fees and costs or such other sum as the 
Commission may determine to be proper as an award of reparation.
    This proceeding has been assigned to the office of Administrative 
Law Judges. Hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon proper showing that there are genuine 
issues of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, deposition, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate road. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by March 2, 
2001, and the final decision of the Commission shall be issued by July 
2, 2001.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 00-5406 Filed 3-6-00; 8:45 am]
BILLING CODE 6730-01-M