[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Notices]
[Pages 19242-19243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08386]


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FEDERAL MARITIME COMMISSION

[Docket No. 17-03]


Antonio Egberto Carneiro Lima v. Fastway Moving and Storage, 
Inc., d/b/a Dream Cargo, d/b/a Fastway, d/b/a Fastway Moving, et al.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime

[[Page 19243]]

Commission (Commission) by Antonio Egberto Carneiro Lima, hereinafter 
``Complainant,'' against Fastway Moving and Storage, Inc., d/b/a Dream 
Cargo, d/b/a Fastway, d/b/a Fastway Moving; Fastway Moving and Services 
Corp.; Fastway Moving and Trading Corp.; Abreu Lopes Transportes LTDA; 
and Abreu Logistics USA, LLC d/b/a Abreu Logistics & Cargo, hereinafter 
``Respondents.'' Complainant states that Respondents are New Jersey and 
Florida corporations which ``operate interchangeably as one business 
and are inexorably intertwined'' and that Fastway Moving, Inc. is an 
FMC licensed non-vessel operating common carrier.
    Complainant states he utilized Respondents' ``services to transport 
approximately 33 cubic meters of household goods by water between the 
United States and Brazil.'' Complainant alleges that Respondents 
allowed illegal items to be included with Complainant's household goods 
which caused the IRS to block the release of said items in Brazil. 
Complainant alleges that despite paying for the ``complete services'' 
package with Respondent ``the Fastway Entities'', he had to personally 
work to resolve the matter with the IRS, pay the port fees, container, 
storage and other fees associated with his shipment.
    Complainant files this claim ``as a result of Respondents' 
violation of COGSA, the Shipping Act, and the FMC's regulations 
pursuant to COGSA and the Shipping Act at 46 CFR part 515.'' 
Specifically, complainant alleges that the Respondents:

    ``a. [failed] to establish or observe just and reasonable 
practices related to the receiving, handling, or delivering of 
property in violation of 46 U.S.C. 41102(c);
    b. [allowed] a person or persons to obtain transportation for 
property at less than the rates or charges established by the 
carrier in its tariff or service contract by means of false billing, 
false classification, false weighting, false measurement, or other 
unjust or unfair device or means in violation of 46 U.S.C. 41104(1);
    c. [provided] a service in the liner trade that is not in 
accordance with the rates, charges, classifications, rules, and 
practices contained in a tariff published or a service contract 
entered into under chapter 405 of [Title 46], in violation of 46 
U.S.C. 41104(2)(A);
    d. knowingly and willfully [accepted] cargo from and 
[transported] cargo for the account of an ocean transportation 
intermediary that does not have a tariff as required by section 
40501 of Title 46 and a bond, insurance, or other surety as required 
by section 40902 of Title 46, in violation of 46 U.S.C. 41104(11); 
and
    e. any other charge of this type or of similar nature that is 
found to be unlawful under the circumstances.''
    Complainant seeks reparations in the amount of $129,872.22, and 
other relief. The full text of the complaint can be found in the 
Commission's Electronic Reading Room at www.fmc.gov/17-03/.

    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by April 20, 2018, and the final decision of 
the Commission shall be issued by November 5 2018.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-08386 Filed 4-25-17; 8:45 am]
 BILLING CODE 6731-AA-P