[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39561-39562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16629]


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FEDERAL MARITIME COMMISSION

[Docket No. 03-07]


FSL International, Inc., and Hiu-Leung Yeung, and Full Service 
Logistics, Inc., and Mei Fung Tsang--Possible Violations of Sections 
10(a)(1), 10(b)(2), 10(b)(11) and Sections 19(a) and (b) of the 
Shipping Act of 1984 and 46 CFR Part 515; Order of Investigation and 
Hearing

June 26, 2003.
    Notice is given that on June 26, 2003, the Federal Maritime 
Commission served an Order of Investigation and Hearing on FSL 
International, Inc. (``FSL International''), Hiu-Leung Yeung, Full 
Service Logistics, Inc. (``Full Service Logistics''), and Mei Fung 
Tsang. From May 1, 1999 through February 18, 2003, FSL International, a 
California corporation, was a tariffed and bonded

[[Page 39562]]

ocean transportation intermediary (``OTI'') licensed as a non-vessel-
operating common carrier (``NVOCC''). The president of FSL 
International is Hiu-Leung ``John'' Yeung. Full Service Logistics, a 
California corporation, was granted an OTI (NVOCC) license on February 
20, 2003. The CEO of Full Service Logistics is Mei Fung ``Ten'' Tsang.
    It appears that, on and after July 4, 2001, FSL International 
knowingly and willfully obtained transportation of property at less 
than the applicable rates and charges set forth in service contracts 
published by Mitsui OSK Lines and Hyundai Merchant Marine Co. With 
respect to numerous shipments for which FSL International issued its 
own NVOCC bill of lading, it appears that FSL International provided 
service at rates and charges other than those set forth in its 
published tariff. After receiving a Notice and Demand Letter from the 
Commission for civil penalties stemming from its alleged violations, 
FSL International's principal John Yeung proposed, as an alterative, to 
discontinue business operation no later than February 9, 2003, and to 
surrender the OTI license for revocation. The license of FSL 
International was revoked on February 19, 2003. On or about April 23, 
2003, the Commission's Los Angeles Area Representative determined that 
FSL International continued to conduct business. It appears that FSL 
International continued to serve as a shipper with respect to numerous 
export shipments while operating from the offices and utilizing the 
personnel and resources of Full Service Logistics. It appears that Full 
Service Logistics may have facilitated access by FSL International to 
its service contracts. It also appears that, Full Service Logistics may 
have known of or permitted John Yeung to hold himself out as an 
authorized employee or officer of Full Service Logistics and to perform 
NVOCC services under its name and license.
    This proceeding therefore seeks to determine: (1) Whether FSL 
International and Full Service Logistics and their principals, John 
Yeung and Mei Fung Tsang, violated section 10(a)(l) of the Shipping Act 
of 1984 (``1984 Act'') by directly or indirectly obtaining 
transportation at less than the service contract rates and charges 
otherwise applicable; (2) whether FSL International and Full Service 
Logistic, in their capacity as common carriers, violated section 
10(b)(2) of the 1984 Act by charging, demanding, collecting or 
receiving different compensation than the rates and charges in their 
NVOCC tariffs; (3) whether FSL International and John Yeung provided 
OTI services after revocation of its license, in violation of section 
19(a) and (b) of the 1984 Act and 46 CFR part 515; (4) whether Full 
Service Logistics and Mei Fung Tsang provided OTI services to FSL 
International after revocation of the latter's OTI license, in 
violation of section 10(b)(11) of the 1984 Act and 46 CFR part 515; (5) 
whether, in the event violation of sections 10(a)(1), 10(b)(2), 
10(b)(11) and 19(a), (b) of the 1984 Act and CFR part 515 are found, 
civil penalties should be assessed and, if so, the amount; (6) whether 
the tariff of Full Service Logistics should be suspended; (7) whether 
the OTI license of Full Service Logistics should be suspended or 
revoked, and (8) whether, in the event violations are found, an 
appropriate cease and desist order should be issued.
    The full text of the Order may be viewed on the Commission's Home 
page at: http//www.fmc.gov or at the Office of the Secretary, Room 
1046, 800 N. Capitol Street, NW., Washington, DC. Any person may file a 
petition for leave to intervene in accordance with 46 CFR 502.72.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-16629 Filed 7-1-03; 8:45 am]
BILLING CODE 6730-01-P