[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Notices]
[Page 37388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15058]


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FEDERAL MARITIME COMMISSION

[Docket No. 00-08]


Safmarine Container Lines N.V. and Safmarine and CMBT Lines N.V. 
(SCL) Trading as CMBT v. Garden State Spices, Inc.; Notice of Filing of 
Compliant and Assignment

June 8, 2000.
    Notice is given that a complaint was filed by Safmarine Container 
Lines N.V. (``Safmarine'') and Safmarine and CMBT Lines N.V. (SCL) 
trading as CMBT (``CMBT'') (``Complainants'') against Garden State 
Spices, Inc. (``Respondent''). Complainants allege that Respondent 
violated section 10(a)(1) of the Shipping Act of 1984, 46 U.S.C. app. 
1709(a)(1), by knowingly and willfully obtaining transportation for 
property at less than the properly applicable rates and charges by 
unjust and unfair devices or means in connection with five shipments 
carried on a freight collect basis from J.N. Port, India, to New York. 
Complainants contend that Respondent induced Complainants to relinquish 
their possessory lien on the cargoes at the port of discharge, based on 
Respondent tendering checks represented to be full payment of the 
collect freight and charges, which subsequently ``bounced'' due to 
insufficient funds, all to the detrimental reliance of Complainants.
    Complainants state that they have been injured to their damage in 
the sum of $10,625. Complainants request that the Respondent be 
required to answer these charges; that after due hearing, an order be 
made commanding Respondents to pay reparations of $10,625 with interest 
from the respective dates of injury and attorney's fees 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, depositions, 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 record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by June 8, 
2001, and the final decision of the Commission shall be issued by 
October 9, 2001.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 00-15058 Filed 6-13-00; 8:45 am]
BILLING CODE 6730-01-M