[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Notices]
[Page 18776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8896]


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FEDERAL MARITIME COMMISSION

[Docket No. 01-04]


Selbuy Internatinal, Inc., d/b/a Canyon Enterprises v. Guardian 
Services Group, LTD.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Selbuy International, Inc., d/
b/a Canyon Enterprises. (``Complainant'') against Guardian Services 
Group, Ltd. (``Respondent'').
    Complainant is in the business of selling automobile spare parts, 
engines, radiators, transmissions and automobile body parts. 
Complainant states that the Respondent is a foreign freight forwarder 
licensed by the Commission. Complainant states that it contracted with 
Respondent to have certain goods transported from Saudi Arabia to Los 
Angeles. Complainant alleges that Respondent, instead of delivering 
certain of these goods to Complainant as agreed upon, refused to 
release those goods until Complainant paid $32,900 in additional 
shipping charges over and above the rate previously agreed upon between 
the parties. Complainant states that the shipping lines refused to 
release the goods until they received the original bills of lading, 
sequestered Complainant's goods in warehouses and imposed demurrage 
charge in the amount of $23,959.57.
    Complainant alleges that Respondent violated section 10(d) of the 
Shipping Act of 1984, as amended, (``Shipping Act'') by engaging in 
unjust and unreasonable practices in connection with the receipt, 
handling, storing and delivery of Complainant's goods. Complainant 
alleges that it has been subject to direct injury in connection with 
these practices by the payment of additional charges; by payment of 
demurrange charges; by idling the workers Complainant hired to 
inventory the goods; and by being unable to make timely delivery to its 
customer, which canceled its order with Complainant, which cost 
Complainant $150,000 in gross revenues, half of which was anticipated 
profit.
    Complainant asks that Respondent be required to answer its charges 
and, after due hearing, the Commission make an order commanding 
Respondent to pay Complainant reparations of $137,859.57 with interest 
and attorney's fees or such other sum as the Commission may determine 
to be proper, and such other further order or orders the Commission 
determines to be proper. Complainant requests that hearing be held in 
or near Los Angeles, California.
    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 April 5, 
2002, and the final decision of the Commission shall be issued by 
August 5, 2002.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 01-8896 Filed 4-10-01; 8:45 am]
BILLING CODE 6730-01-P