[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6397-6398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2818]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-01]


AMC USA, Inc. v. International First Service S.A. a/k/a IFS S.A, 
its Agents, Affiliated, Related and Partner Companies, and 
International First Service Argentina a/k/a AR-IFS, its Agents, 
Affiliated, Related and Partner Companies, and International First 
Service USA, Inc. a/k/a IFS USA, Inc. d/b/a Global Wine Logistics USA 
Inc. a/k/a GWL USA, Inc., and Global Wine Logistics USA Inc. a/k/a GWL 
USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH; Notice of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by AMC USA, Inc. (``AMC''), 
hereinafter ``Complainant,'' against International First Service S.A. 
a/k/a IFS S.A (``IFS S.A.''); International First Service USA, Inc. a/
k/a IFS USA, Inc. (``IFS USA'') d/b/a/Global Wine Logistics USA Inc. a/
k/a GWL USA, Inc. (``GWL USA''); Global Wine Logistics USA Inc. a/k/a 
GWL USA, Inc. (``GWL USA''); Anita McNeil; International First Service 
Argentina a/k/a AR-IFS (``AR-IFS''); and Ipsen Logistics GmbH 
(``Ipsen'') \1\, hereinafter ``Respondents''. Complainant asserts that 
it is a licensed non-vessel operating common carrier incorporated in 
New Jersey and registered in New York. Complainant alleges that 
Respondent IFS S.A., is an unlicensed non-US-based ocean transportation 
intermediary/non-vessel operating common carrier. Complainant alleges 
that Respondents IFS USA and GWL USA, are incorporated in Delaware and 
are holding themselves out to the public as providers of transportation 
services, and have assumed responsibility for transportation. 
Complainant alleges that Respondent ANITA MCNEIL is the President of 
IFS USA and GWL USA and formerly Executive Vice President of 
Complainant, AMC. Respondent Ipsen is incorporated in Bremen, Germany 
and is a partner company to IFS S.A. Respondent AR-IFS., is affiliated 
with IFS USA and located in Buenos Aires, Argentina.
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    \1\ Respondent Ipsen was not included in the caption block of 
the complaint as filed, but was listed as a Respondent within the 
text of the complaint. As such, Respondent Ipsen has been added to 
the caption in this Notice.
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    Complainant asserts that Respondents violated the Shipping Act of 
1984 by: (1) Failing to keep open to the public in an automated tariff 
system, tariffs showing all rates, charges, classifications, rules, and 
practices between all points and ports on its route and on any through 
transportation that has been established; (2) failing to file with the 
Commission the service contracts entered into with vessel operating 
common carriers; (3) engaging in a ``willful and deliberate fraudulent 
scheme to steal customers, employees and proprietary information'' from 
Complainant in order to gain an unfair business advantage and/or in 
order to provide ocean transportation for property for less than the 
rates and/or charges that would otherwise have applied; (4) operating 
under agreements that were required to be filed under the Shipping Act 
that were not effective under Act; (5) working together to allow 
parties to obtain transportation for property at less than the rates or 
charges that would have applied by unjust and unfair means; (6) failing 
to establish, observe and enforce just and reasonable regulations and 
practices relating to or connected with receiving, handling, and 
delivering property; and (7) knowingly and willfully accepting cargo 
for the account of an ocean transportation intermediary that does not 
have a tariff and a bond, insurance or other surety. 46 U.S.C. 
40501(a), 40502(b)(1), 41102,

[[Page 6398]]

41104(1) and 41104(11).\2\ Finally, complainant also alleges that 
Respondents ``acted as ocean transportation intermediaries in the 
United States without a license'' in violation of the Shipping Act and 
the Commission's regulations. 46 U.S.C. 40901, and 46 CFR 515.3 and 
520.
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    \2\ Complainant cites to ``Sec.  10(b)(2)(11)'' which does not 
exist, but quotes the language contained in Sec.  10(b)(11), 46 
U.S.C. 41104(11).
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    Complainant asserts that as a direct result of Respondent's 
violations of the Shipping Act, Complainant has had ``injury involving 
customer relations, its reputation in the industry and has been forced 
to take legal action.'' Complainant requests the Commission ``deny FMC 
OTI licenses based upon unsuitable character and violations of the 
Shipping Act as described herein''; and order Respondents to cease and 
desist from the above described violations of the Shipping Act.'' 
Complainant requests that the Commission award reparations to 
Complainant in a sum of no less than $283,918.95, plus reasonable 
attorney's fees, interests and costs; that Respondents pay any other 
damages that may be determined proper; and that the Commission impose 
any other relief as the Commission determines to be proper, fair, and 
just.
    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 4, 
2011 and the final decision of the Commission shall be issued by June 
6, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-2818 Filed 2-8-10; 8:45 am]
BILLING CODE 6730-01-P