[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Page 9320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4384]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 04-04]


World-Wide Express Inc. v. Stevedoring Services of America, 
Terminals Inc.; Argosy Transport, Inc.; and Capt. S.L. Huo; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by World-Wide Express, Inc. 
(``WWE'') against Stevedoring Services of America, Terminals Inc. 
(``SSAT''); Argosy Transport, Inc. (``Argosy''); and Capt. S.L. Huo. 
Complainant contends that Respondents violated section 10 of the 
Shipping Act of 1984, as amended, (``Shipping Act'') in their role as 
marine terminal operators in connection with several shipments of 
containers moving from Shanghai to Los Angeles. Complainant contends 
that SSAT refused to deal with it and directed it to contact Agrosy and 
its principal Capt. S.L. Huo. Complainant asserts that it entered into 
a contract with Agrosy which contains rates that Complainant contends 
were not published in a tariff. Complainant further contends that 
Argosy contracted with SSAT to provide the terminal services and that 
the rates charged by SSAT to Argosy were substantially less than the 
rates published by SSAT in its tariff. Complainant contends that these 
alleged activities violate section 10 of the Shipping Act and that it 
is entitled to reparation in the sum of $380,000.00, plus interest at 
the rate of 2% per month.
    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, 2005, and the final decision of the Commission shall be issued by 
June 21, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-4384 Filed 2-26-04; 8:45 am]
BILLING CODE 6730-01-P