[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Pages 25872-25873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13056]
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FEDERAL MARITIME COMMISSION
[Docket No. 96-11]
Haewoo Air & Shipping Co., Ltd. (d/b/a Haewoo Shipping Co.,
Ltd.); Possible Violations of Section 10(b)(1) of the Shipping Act of
1984; Order of Investigation
Haewoo Air & Shipping Co., Ltd. d/b/a Haewoo Shipping Co., Ltd.
(``Haewoo'') is a non-vessel-operating common carrier located in Seoul,
Korea. Haewoo maintains a tariff on file with the Commission which
provides for service between various Asian countries and the United
States.
A review of Haewoo's tariff showed that it contained only one
commodity rate in addition to Cargo, N.O.S. rates. A review of invoices
and freight payments for shipments moving under Haewoo bills of lading
from June 5, 1994, to January 19, 1995, indicated that Haewoo did not
charge the rates contained in its tariff. On February 3, 1995,
additional commodity rates were filed by Haewoo in its tariff.
Section 10(b)(1) of the Shipping Act of 1984 (``1984 Act''), 46
U.S.C. app. 1709(b)(1), provides that no common carrier may charge,
demand, collect, or receive greater, less, or different compensation
for the transportation of property or for any service in connection
therewith than the rates and charges in its tariffs. In regard to the
activities of Haewoo, it appears that Haewoo charged less than its
applicable tariff rates for the transportation of at least 36 shipments
between June 5, 1994, and January 19, 1995, in violation of section
10(b)(1) of the 1984 Act.
Section 11 of the 1984 Act, 46 U.S.C. app. 1710, sets forth the
Commission's authority to investigate violations of the 1984 Act. In
the event violations are found, section 13 of the 1984 Act, 46 U.S.C.
app. 1712, provides that the Commission may assess civil penalties and
suspend tariffs as remedies for violations of section 10(b)(1). Section
14(a) of the 1984 Act, 46 U.S.C. app. 1713(a), empowers the Commission
to issue orders relating to violations of the 1984 Act.
Now therefore it is ordered, that pursuant to sections 10, 11, 13
and 14 of the 1984 Act, an investigation is hereby instituted to
determine:
1. Whether Haewoo violated section 10(b)(1) of the 1984 Act by
charging, demanding, collecting, or receiving greater, lesser, or
different compensation for the transportation of property or for any
service in connection therewith than the rates and charges that are
shown in its tariffs;
2. Whether, in the event Haewoo violated the 1984 Act, civil
penalties should be assessed against Haewoo and, if so, the amount of
such penalties;
3. Whether, in the event violations are found, an appropriate cease
and desist order should be issued; and
4. Whether, in the event violations are found, Haewoo's tariff
should be suspended for a period of time not to exceed 12 months.
It is further ordered, That a public hearing be held in this
proceeding and that this matter be assigned for hearing before an
Administrative Law Judge (``Presiding Officer'') of the Commission's
Office of Administrative Law Judges in compliance with Rule 61 of the
Commission's Rules of Practice and Procedure, 46 CFR 502.61. The
Hearing shall include oral testimony and cross-examination at the
discretion of the Presiding Officer only after consideration has been
given by the parties and the Presiding Officer to the use of
alternative forms of dispute
[[Page 25873]]
resolution, and 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.
It is further ordered, That Haewoo Air & Shipping Co., Ltd. d/b/a
Haewoo Shipping Co., Ltd. is designated Respondent in this proceeding;
It is further ordered, That the Commission's Bureau of Enforcement
is designated a party to this proceeding;
It is further ordered, That notice of this Order be published in
the Federal Register, and a copy be served on parties of record;
It is further ordered, That other persons having an interest in
participating in this proceeding may file petitions for leave to
intervene in accordance with Rule 72 of the Commission's Rules of
Practice and Procedure, 46 CFR 502.72;
It is further ordered, That all further notices, orders, and/or
decisions issued by or on behalf of the Commission in this proceeding,
including notice of the time and place of hearing or prehearing
conference, shall be served on parties of record;
It is further ordered, That all documents submitted by any party of
record in this proceeding shall be directed to the Secretary, Federal
Maritime Commission, Washington, D.C. 20573, and comply with Subpart H
of the Commission's Rules of Practice and Procedure, 46 CFR 502.111-
119, and shall be served on parties of record; and
It is further ordered, That in accordance with Rule 61 of the
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the
initial decision of the Administrative Law Judge shall be issued by
January 20, 1997, and the final decision of the Commission shall be
issued by May 20, 1997.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-13056 Filed 5-22-96; 8:45 am]
BILLING CODE 6730-01-M
