[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59749-59750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20481]


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FEDERAL MARITIME COMMISSION

[Docket No. 05-07]


U.S. Lines, Limited v. Value Imports, Inc.; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by U.S.

[[Page 59750]]

Lines, Limited (``Complainant'') against Value Imports, Inc. 
(``Respondent''). Complainant is an ocean common carrier under the 
Shipping Act of 1984, as amended (``the Act''). Respondent, an 
importer, was the beneficial owner of cargo discharged at Total 
Terminals Inc. (``TTI'') a marine terminal operator at the Port of Long 
Beach, California. Complainant alleges that demurrage accrued on the 
cargo pursuant to its tariff resulting in a possessory maritime lien, 
permitting it to hold the cargo until all charges, including demurrage, 
were paid. Complainant contends that Respondent entered bank 
information and payment instructions at TTI's internet Web site and 
that TTI, as agent for Complainant, accepted the payment information 
and released the cargo to Respondent. Complainant asserts the bank 
designated by Respondent refused to pay because of insufficient funds 
on deposit. Complainant further contends that these alleged activities 
violate section 10(a)(1) of the Act in that Respondent knowingly and 
willfully obtained ocean transportation for property at less than the 
rates or charges that would otherwise be applicable. Complainant prays 
that Respondent be required to answer the charges herein; that after 
due hearing, an order be made commanding Respondent to cease and desist 
from the aforesaid violation of the Act; to pay to Complainant by way 
of reparations for the unlawful conduct described the sum of $75,140 
with interest and attorney's fees, and any other sums and further 
orders as the Commission may determine to be 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 October 6, 
2006, and the final decision of the Commission shall be issued by 
February 8, 2007.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 05-20481 Filed 10-12-05; 8:45 am]
BILLING CODE 6730-01-P