[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Page 63180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31032]
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FEDERAL MARITIME COMMISSION
[Docket No. 97-22]
Bermuda Container Line Ltd. v. SHG International Sales Inc. FX
Coughlin Co., and Clark Building Systems, Inc., Notice of Filing of
Complaint and Assignment
Notice is given that a complaint filed by Bermuda Container Line,
Ltd., (``Complainant'') against Respondents SHG International Sales
Inc. (``SHG''), FX Coughlin Co. (``Coughlin''), and Clark Building
Systems, Inc. (``Clark'') was served November 20, 1997. Complainant
alleges that (1) Respondent SHG violated sections 8 and 23 or,
alternatively, section 19, and section 10(a)(1) of the Shipping Act of
1984 (``the Act''), 46 U.S.C. app. Secs. 1707 and 1721 or 1718, and
1709(a)(1), by failing to file a non-vessel operating common carrier
(``NVO'') tariff or bond or performing freight forwarding services
without a forwarder license, and by concealing the identity of the
shipper with respect to a shipment from Clark, PA to Bermuda, entering
into a credit agreement with no intention of paying the freight and
misrepresenting itself as the shipper; (2) Respondent Coughlin violated
section 19 of the Act and 46 CFR Secs. 510.21(c), (e) and (f), by
falsely certifying it had processed the shipment's Bill of Lading
(``BL'') when it knew or should have known that the BLs designated
shipper (SHG) could not be a shipper, seeking a commission from
Complainant by misrepresentation and permitting SHG to use Coughlin's
forwarding license; and (3) Respondent Clark violated section 10(a)(1)
of the Act by delivering cargo to Complainant when it knew or should
have known that SHG had no tariff or NVO bond on file with the
Commission and failing to inform Complainant of the facts or to pay the
shipment's freight.
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 November
20, 1998, and the final decision of the Commission shall be issued by
March 22, 1999.
Joseph C. Polking,
Secretary.
[FR Doc. 97-31032 Filed 11-25-97; 8:45 am]
BILLING CODE 6730-01-M
