[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50973-50974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20115]


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FEDERAL MARITIME COMMISSION

[Docket No. 08-04]


Tienshan, Inc. v. Tianjin Hua Feng Transport Agency Co., Ltd.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Tienshan, Inc. Complainant 
asserts that it is a corporation organized and existing pursuant to the 
laws of the State of Delaware with its principal place of business at 
231 Wilson Avenue, South Norwalk, Connecticut 06854. Complainant 
alleges that Respondent, Tianjin Hua Feng Transport Agency Co., Ltd., 
is a foreign corporation organized and operating pursuant the laws of 
the People's Republic of China with its principal place of business at 
Rm. 1002, Bldg. A, International Commercial Trade Center, No. 59 
Machang Road, Hexi District, Tianjin, China. Complainant also alleges 
that Respondent is operating as a bonded and tariffed foreign-based 
Non-Vessel-Operating Common Carrier under FMC No. 018117.
    Complainant asserts that, in April 2008 it signed a sales contract 
for the purchase of stoneware from Henan Huatai Ceramic Technology 
Trading Co., Ltd. (``Henan Huatai'' or ``Shipper''), located in Henan, 
China, and that the terms of sale were FOB Tianjin Port, China. 
Complainant avers that it purchased the stoneware in order to perform 
its contracts with Wal-Mart Stores, Inc. (``Wal-Mart'') and other U.S. 
retailers. Complainant maintains that it paid the full contract price 
to Henan Huatai, and consequently, title to the goods was transferred 
to Complainant.

[[Page 50974]]

    Complainant alleges that the goods were loaded on a Wan Hai Lines 
(Singapore) PTE Ltd. (``Wan Hai'') vessel, under a Wan Hai bill of 
lading naming Henan Huatai as Shipper, and Complainant as Consignee; 
and that the cargo arrived at the port of discharge, Long Beach, CA, 
mid-June 2008. Complainant further alleges that it paid the full amount 
of the ocean freight and other charges to Wan Hai. Complainant claims 
that Shipper, Henan Huatai, went out of business in June 2008, and 
Respondent, acting as a freight forwarder in China on behalf of the 
Shipper, is unlawfully holding the original bill of lading, alleging 
debts owed by Shipper to Respondent.
    Complainant alleges that Respondent's refusal to provide the 
original bill of lading to Complainant, unless Complainant paid to 
Respondent the amount owed by the Shipper, constitutes an unreasonable 
regulation or practice related to the delivery of property in violation 
of 46 U.S.C. 41102(c) (formerly Sec.  10(d)(1) of the Shipping Act of 
1984). Complainant claims injury in the form of demurrage charges in 
the amount of $16,944.00; loss of its funds held in an escrow account 
required by Wan Hai in the amount of $47,801.42; and liquidated damages 
imposed by Wal-Mart for lost sales in the amount $106,115.00; for a 
total of $170,860.42, with liquidated damages continuing to accrue.
    Complainant requests that the Commission issue as relief, an Order: 
(1) Compelling Respondent to answer the charges in the subject 
complaint, and scheduling a hearing in Washington, DC; (2) finding that 
Respondent's activities were unlawful and in violation of the Shipping 
Act; (3) compelling Respondent to pay reparations of $170,860.42 plus 
interest, costs, and attorney's fees; and (4) requiring Respondent to 
provide Complainant with the original bill of lading to allow 
Complainant to secure release of its escrow deposit from Wan Hai and 
stop other liquidated damages from accruing. Additionally, Complainant 
requests that the Commission issue further relief as it 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 August 26, 
2009, and the final decision of the Commission shall be issued by 
December 24, 2009.

Karen V. Gregory,
Assistant Secretary.
[FR Doc. E8-20115 Filed 8-28-08; 8:45 am]
BILLING CODE 6730-01-P