00-2309. Inlet Fish Producers, Inc. v. Seal-Land Service, Inc.; Notice of Filing of Complaint and Assignment

Notice is given that a complaint was filed by Inlet Fish Producers, Inc. (“Complainant”), against Sea-Land Service, Inc. (“Respondent”). The complaint was served on January 28, 2000. Complainant alleges that Respondent violated sections 10(b)(2), (b)(4), (b)(6) and (b)(12) of the Shipping Act of 1984, 46 U.S.C. app. section 1709(b)(2), (b)(4), (b)(6) and (b)(12), by not allowing Complainant to subtract “tare weight” from the weight of seafood-product cargo for purposes of determining freight charges, while allowing similarly situated shippers to make such a subtraction.

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 January 30, 2001, and the final decision of the Commission shall be issued by May 30, 2001.

Bryant L. VanBrakle,

Secretary.