[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Page 26102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11626]


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FEDERAL MARITIME COMMISSION

[Docket No. 17-05]


CMI Distribution Inc. v. Service by Air, Inc., Radiant Customs 
Services Inc. (Formerly Known as SBA Consolidators, Inc.) and Las 
Freight Systems Ltd.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by CMI Distribution Inc., hereinafter 
``Complainant,'' against Service by Air, Inc., Radiant Customs Services 
Inc., (formerly known as SBA Consolidators, Inc.), and Las Freight 
Systems Ltd., hereinafter ``Respondents.'' Complainant states it is a 
``corporation organized and existing under the laws of Illinois.'' 
Complainant alleges that: Respondent Service by Air, Inc. is a 
``corporation organized and existing under the laws of New York'' and 
was ``an OTI . . . subject to regulation by the FMC''; Respondent 
Radiant Customs Services Inc. is a ``corporation organized and existing 
under the laws of New York'' and a Commission licensed non-vessel-
operating common carrier (NVOCC); and Respondent Las Freight Systems 
Ltd. ``is a Taiwanese private limited company'' and a Commission 
registered NVOCC.
    Complainant states that they ``engaged Respondents to provide 
transportation of more than 60 shipments (the Shipments)'' from China 
to Illinois between April 2014 and June 2015. Complainant alleges that 
they ``assessed more than $400,000 in demurrage or storage fees 
associated with the Shipments,'' but the Respondents ``have been 
unwilling to provide details regarding the amounts of demurrage or 
storage fees charged'' regarding those shipments. Complainant states 
that while it ``repeatedly questioned and challenged the level of 
demurrage charges on the Shipments, it was forced to pay those charges 
in order to gain release of the shipments.'' Complainant alleges that 
the Respondents violated the Shipping Act by acting as an OTI without a 
license in the case of Respondent Service by Air in violation of 46 
U.S.C. 40901, failure to observe just and reasonable practices in 
violation of 46 U.S.C. 41102 (c), failure to provide service in 
accordance with rates, charges, and rules contained in a published 
tariff in violation of 46 U.S.C. 41102(2)(c), and failure to maintain a 
tariff in violation of 46 U.S.C. 40501.
    Complainant seeks reparations and other relief. The full text of 
the complaint can be found in the Commission's Electronic Reading Room 
at www.fmc.gov/17-05/.
    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 May 31, 2018, and the final decision of 
the Commission shall be issued by December 14, 2018.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-11626 Filed 6-5-17; 8:45 am]
 BILLING CODE 6731-AA-P