[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44794-44795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18580]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-07]


Rendezvous International v. Chief Cargo Services, Inc., Kaiser 
Apparel, Inc., Edco Logistics, Inc., Oriental Logistics, Inc., and 
Razor Enterprise; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Rendezvous International 
(``Rendezvous''), hereinafter ``Complainant,'' against Chief Cargo 
Services, Inc., Kaiser Apparel, Inc., Edco Logistics, Inc., Oriental 
Logistics, Inc., and Razor Enterprise, hereinafter ``Respondents.'' 
Complainant asserts that it is a partnership formed in the Country of 
Pakistan in the business of manufacturing garments. Complainant asserts 
that Respondents are ``corporations and/or business entities formed in 
the State of New York and doing business in the State of New York'' and 
that Respondents ``perform importing services, freight forwarding and 
handling services, pay duties and freight, and clear shipments of goods 
through US Customs.''
    Complainant alleges that ``[t]he transactions of business 
underlying the

[[Page 44795]]

Claimant's claim took place between Pakistan and New York, USA via 
ocean vessels NYK Cosmos, Asir, and Fowairet, from April 24, 2009, May 
23, 2009 and June 5, 2009.'' Complainant asserts that ``shipments were 
to be released only upon presentation by Respondents of Original 
endorsed Negotiable Bills of Lading. The payment terms were on a CAD 
(Cash Against Documents) basis.'' Complainant alleges that the terms of 
the Bill of Lading were ``violated by Respondents when Respondents 
released the goods without obtaining the endorsed Bill of Lading.'' As 
a result, Complainant alleges that Respondents violated: ``U.S. Code 
Title 46 Sec. 1 (a), Sec 30701(4), 30701(6), 30701(7), 30701(8), Sec 
41102(b), 41102(c) (Shipping Act Sec 10(a)(1) and 10(d)(1)), 41301 (sec 
11(a) of the Shipping Act), 41302, 41303, 41304, 41305, 41309, 305; 
U.S. Code 49 Sec 80101, 80102, 80103, 80104, 80110, 80111, 80116, 
80106.''
    Complainant asserts that it has suffered damages in the sum of 
``$290,424.91, plus interst/mark-up, plus US$ 7500.00'', for attorney 
fees and other expenses. Complainant requests that the Commission 
``investigate the matter''; that Respondents be required to answer the 
charges made by Complainant; that Respondents be ordered to pay 
reparations of $290,424.91 with interest, costs and attorney's fees; 
and order any such other and further relief as the Commission 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 
July 25, 2011 and the final decision of the Commission shall be issued 
by November 22, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-18580 Filed 7-28-10; 8:45 am]
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