[Federal Register: March 18, 1999 (Volume 64, Number 52)]
[Notices]               
[Page 13426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr99-77]

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FEDERAL MARITIME COMMISSION

[Docket No. 99-04]

 
Shipco Transport, Inc. v. Inter-Maritime Container Lines, Inc., 
et al.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint was filed by Shipco Transport, 
Inc. (``Complainant'') against Respondents Inter-Maritime Container 
Lines, Inc., Inter-Maritime Container Lines Florida, Inc., Inter-
Maritime Container Lines California, Inc., Inter-Maritime Container 
Lines Illinois, Inc., (collectively ``Inter-Maritime Container 
Lines''), and Inter-Maritime Forwarding Company Illinois, Inc., Inter-
Maritime Forwarding Company California, Inc., Inter-Maritime Forwarding 
Company Florida, Inc, and Inter-Maritime Forwarding Co., Inc. 
(collectively ``Inter-Maritime Forwarding''). The complaint was served 
March 12, 1999. Complainant alleges that Respondents Inter-Maritime 
Container Lines, as non-vessel operating common carriers and 
Respondents Inter-Maritime Forwarding, as freight forwarders, violated 
sections 10(a)(1) and (d)(1) of Shipping Act of 1984, 46 U.S.C. app. 
Secs. 1709(a)(1) and (d)(1), and moreover, that Respondents Inter-
Maritime Forwarding violated 46 CFR 510.21(f) and 46 CFR 510.2(h)(11). 
Complaint alleges that Respondents Inter-Maritime Container Lines, from 
1995 through 1998, contracted for Complainant to provide ocean 
transportation, knowingly and fraudulently misrepresented to 
Complainant that they would pay ocean freight and related charges, 
refused to remit payments, and induced Complainant to lose its lien on 
cargo by misrepresenting they would collect money from the underlying 
shippers and then refused to remit payment. Complainant alleges that 
Respondents Inter-Maritime Forwarding fraudulently received money as 
freight forwarder for Respondents Inter-Maritime Container Lines, 
knowingly and fraudulently misrepresented that they would collect money 
from shippers and then refused to remit payment, induced Complainant to 
lose its lien by misrepresenting that they would collect money from 
shippers and refused to remit payment as agreed to in their capacity as 
licensed freight forwarders, and prepared false and fraudulent shipping 
documents.
    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 the proceeding shall be issued by March 13, 
2000, and the final decision of the Commission shall be issued by July 
11, 2000.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-6588 Filed 3-17-99; 8:45 am]
BILLING CODE 6730-01-M