[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]
[Notices]
[Pages 13319-13320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4930]


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FEDERAL MARITIME COMMISSION

[Docket No. 01-02]


Notice of Filing of Complaint and Assignment

    In the matter of Transworld Shipping (USA), Inc. v. FMI 
Forwarding (San Francisco), Inc. a/k/a Inter-Maritime Forwarding Co. 
(San Francisco), Inc. and Inter-Maritime Forwarding Company, 
Incorporated--A Division of Union-Transport Corporation, a/k/a 
Inter-Maritime Forwarding Co., Inter-Maritime Container Line and 
Union-Transport Corporation; Notice of Filing of Complaint and 
Assignment.

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission''), by Transworld Shipping (USA), 
Inc., (``Complainant''), against FMI Forwarding (San Francisco, Inc. a/
k/a Inter-Maritime Forwarding Co. (San Francisco), Inc. (``FMI''), 
Inter-Maritime Forwarding Company, Incorporated A Division of Union-
Transport Corporation, a/k/a Inter-Maritime Forwarding Co., Inter-
Maritime Container Line (``IMF''); and Union-Transport Corporation 
(``Union-Transport) (collectively, ``Respondents'').
    Complainant is a non-vessel-operating common carrier Ocean 
Transportation Intermediary. Among other things, Complainant alleges 
that the Respondents violated sections 10(a)(1) and 10(d)(1) of the 
Shipping Act of 1984 and several of the Commission's freight forwarder 
regulations at 46 CFR part 515 by engaging in a pattern of deceit by 
booking cargo and mis-representing that ocean freight charges would be 
paid, thereby inducing Complainant to

[[Page 13320]]

provide ocean transportation service and to advance credit when 
Respondents had no intent to, or were aware that payment would not be 
made to Complainant. Complainant further alleges that Respondents 
misrepresented business arrangements and engaged in a patter of delay 
in order to enable them to collect shipper freight charges that they 
would not have been able to obtain if the involved shippers and 
Complainant had been apprised of the true facts as to their future 
activities. Complainant further alleges that Respondents filed a 
petition for bankruptcy in order to obfuscate and obstruct creditors' 
investigation and recovery of funds. As a result of Respondents' 
violation, Complainant asserts that it has been unable to fully recover 
ocean freight charges and has been further required to expend 
substantial sums of money investigating the Respondents' activities.
    Complainant asks that the Respondents be held liable to Complainant 
for damages in an amount determined by the Commission but no less than 
$22,630.76 plus prejudgment interests, costs and reasonable attorney's 
fees. Complainant also asks that the Commission award it such further 
and other relief as the Commission deems just and appropriate in the 
circumstances. Complainant requests that hearing be held either in 
Washington, DC or Los Angeles, CA.
    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 February 
20, 2002, and the final decision of the Commission shall be issued by 
June 20, 2002.

Brian L. VanBrakle,
Secretary.
[FR Doc. 01-4930 Filed 3-2-01; 8:45 am]
BILLING CODE 6730-01-M