[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33441-33442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16428]


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FEDERAL MARITIME COMMISSION

[Docket No. 09-03]


Naveena Exports, Ltd. v. Go-Trans, Inc.; Notice of Complaint and 
Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Naveena Exports, Ltd., 
hereinafter ``Complainant.'' Complainant asserts that it is a foreign 
limited partnership organized under the laws of the State of Pakistan 
that manufactures and imports apparel goods to the United States. 
Complainant alleges that Respondent Go-Trans, Inc., is an Ocean 
Transportation Intermediary organized under the laws of the State of 
New York. Complainant states that between April 2008 and July 2008, 
Complainant used Respondent to ship apparel goods from Karachi, 
Pakistan to the United States for delivery to Ambition Apparel, Inc., 
hereinafter ``Buyer.'' Complainant further states that Respondent 
released four containers of apparel to Buyer without being presented an 
original house bill of lading and without Complainant's consent. 
Complainant asserts that no payment has been received from Buyer for 
the shipped goods and control of the goods has been lost. Complainant 
contends that Respondent's actions violated the Shipping Act of 1984, 
as amended, by failing to establish, observe, and enforce just and 
reasonable regulations and practices relating to or connected with 
receiving, handling, storing, or delivering property. 46 U.S.C. 
41102(c).

[[Page 33442]]

Respondent states that Complainant has agreed not to contest this 
Complaint in order to allow Complainant to secure the release of FMC 
Bond No. 18084F, in partial payment of the total damages incurred by 
Complainant. Complainant requests that the Commission issue an order 
for reparations in favor of Complainant and against Respondent, in the 
amount of $342,070.80, and that the Commission grant such other, 
proper, and further relief, in accordance with its delegated powers, as 
it may deem just, proper, and equitable in the circumstances.
    This proceeding has been assigned to the Office of the 
Administrative Law Judges. Pursuant to the Commission's Rules of 
Practice and Procedure, 46 CFR 502.181 (Subpart K--Shortened Procedure) 
Complainant has requested that its complaint be handled on an expedited 
basis. Under this procedure, with the consent of the parties and with 
the approval of the presiding officer, this proceeding may be conducted 
under shortened procedure without oral hearing, except that a hearing 
may be ordered by the presiding officer at the request of either party 
to the proceeding or at the presiding officer's discretion. Within 25 
days of the date of service of the complaint, Respondent shall, if they 
consent to the shortened procedure, file with the Commission and serve 
on the Complainant, its answering memorandum of facts and arguments 
relied upon. Within 15 days after the date of service of Respondent's 
answering memorandum, Complainant may file with the Commission and 
serve on the Respondent, their reply. This will close the record for 
decision unless the presiding officer orders the submission of 
additional evidentiary material. If Respondent does not consent to this 
shortened procedure, the matter will be governed by 46 CFR 502.61 
(Subpart E--Proceedings, Pleadings, Motions, Replies). Pursuant to the 
further terms of 46 CFR 502.61, the initial decision of the presiding 
officer in this proceeding shall be issued by July 7, 2010, and the 
final decision of the Commission shall be issued by November 4, 2010.

Karen V. Gregory,
Secretary.
[FR Doc. E9-16428 Filed 7-10-09; 8:45 am]
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