[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Notices]
[Page 8984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4651]


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FEDERAL MARITIME COMMISSION

[Docket No. 02-01]


Hellmann Worldwide Logistics, Inc. and Pelorus Ocean Line, Ltd. 
v. Cosco Container Lines Company Limited; Notice of Filing of Complaint 
and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Hellmann Worldwide Logistics, 
Inc., (``Hellmann'') and Pelorus Ocean Line, Ltd., 
(``Pelorus'')(collectively ``Complainants'') against Cosco Container 
Lines Company Limited (``COSCO'').
    Complainants state that Pelorus and COSCO entered into certain 
service contracts (SCs) pursuant to which Pelorus booked cargo. COSCO 
subsequently invoiced Hellmann, as Pelorus' agent, amounts differing 
from the SCs' freight rates. Pelorus paid COSCO for these invoices 
through its agent Hellmann.
    Complainants contend that COSCO violated section 10(b)(2)(A) of the 
Shipping Act of 1984 (``Act'') by charging rates differing from those 
listed in the effective SCs or tariff, thus providing service that is 
not in accordance with a tariff published or a service contract entered 
into under section 8 of the Act; section 10(b)(10) of the Act by 
unreasonably refusing to deal or negotiate and in refusing to return 
Complainants' overpayments; and section 10(d)(1) of the Act by engaging 
in unjust and unreasonable practices with respect to the filing of 
service contract amendments, collection of freight charges and failure 
to reimburse freight overpayments.
    Complainants ask that COSCO be compelled to answer their charges, 
and that the Commission issue an order holding COSCO's actions unlawful 
and in violation of the Act and compelling COSCO to pay them 
$184,802.80 in reparations, in addition to interest, costs and 
attorney'' fees, and such other and further relief the Commission deems 
just and proper.
    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 
21, 2003, and the final decision of the Commission shall be issued by 
June 23, 2003.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-4651 Filed 2-26-02; 8:45 am]
BILLING CODE 6730-01-P