[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24883-24884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10673]


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FEDERAL MARITIME COMMISSION

[Docket No. 11-07]


DNB Exports LLC, and AFI Elektromekanikanik Ve Elektronik San. 
Tic. Ltd. Sti. v. Barsan Global Lojistiks Ve Gumruk Musavirligi A.S., 
Barsan International, Inc., and Impexia Inc.; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by DNB Exports LLC (``DNB''), and 
AFI Elektromekanikanik Ve Elektronik San. Tic. Ltd. Sti. (``AFI''), 
hereinafter ``Complainants,'' against Barsan Global Lojistiks Ve Gumruk 
Musavirligi A.S. (``BGL''), Barsan International, Inc. (``Barsan 
Int'l''), and Impexia Inc. (``Impexia''), hereinafter ``Respondents''. 
Complainant AFI asserts that it is a corporation organized and existing 
pursuant to the laws of Turkey. Complainant DNB asserts that it is a 
corporation organized and existing pursuant to the laws of the State of 
Delaware. Complainant alleges that: Respondent BGL is a corporation 
organized and existing pursuant to the laws of Turkey; Respondent 
Barsan Int'l is BGL's subsidiary and is a corporation organized and 
existing pursuant to the laws of the State of New York; and Respondent 
Impexia is a corporation existing pursuant to the laws of the State of 
New Jersey.
    Complainants allege that Respondents have violated Section 
10(b)(13) of the Shipping Act, 46 U.S.C. 41103(a), by ``knowingly 
disclosing, offering, soliciting and receiving information concerning 
the nature, kind, quantity, destination, shipper, consignee, and 
routing of property tendered or delivered to Barsan Int'l by DNB and/or 
AFI, by, without the consent of DNB and/or AFI, using that information 
to the detriment and disadvantage of DNB and/or AFI, by unlawfully 
disclosing that information to Impeixa (sic) as a competitor * * *.'' 
Complainant alleges ``[a]s a direct consequence of the unlawful conduct 
engaged in by Respondents, Complainants have suffered loss of clients, 
current and future revenues from those clients, not only loss amounts 
represented by shipments with Respondents, but also with other 
forwarders, and loss of reputation, all of which has caused and 
continues to cause Complainants monetary damages of at least $ 1.2 
million, and other significant amounts * * *.''
    Complainant asks the Commission to: compel respondents to answer 
the complaint; find the activities of Respondents in violation of the 
Shipping Act; order reparations be made to Complainants ``in the amount 
as may be proven during the course of this proceeding, with interest as 
may be lawfully permitted by law, costs and attorneys' fees''; order 
that Respondents ``cease and desist their activities in violation of 
the Shipping Act''; and revoke Respondent Barsan Int'l's NVOCC and 
freight forwarder license and prohibit ``Respondents BGL, Barsan Int'l 
and its officers from doing NVOCC and freight forwarding business in 
the U.S.''
    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,

[[Page 24884]]

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 April 26, 2012 and the final 
decision of the Commission shall be issued by August 24, 2012.

Karen V. Gregory,
Secretary.
[FR Doc. 2011-10673 Filed 5-2-11; 8:45 am]
BILLING CODE 6730-01-P