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FMC ANNOUNCES
COMPROMISE AGREEMENTS
Washington, D.C. July 22, 2009: The Federal Maritime
Commission today announced compromise agreements
recovering civil penalties in the amount of $748,000.
The agreements were reached with a vessel-operating
common carrier ("VOCC") and licensed and unlicensed
ocean transportation intermediaries (OTIs) (both
non-vessel-operating common carriers ("NVOCCs") and
ocean freight forwarders). In concluding the compromise
agreements, the parties did not admit any violations of
the Act or the Commission=s
regulations. The compromise agreements resulted from
investigations conducted by the Commission=s
area representatives located in Los Angeles, New York,
South Florida, and Washington, D.C. Staff attorneys
with the Bureau of Enforcement negotiated the compromise
agreements. The compromise agreements are:
Abco
International Freight (USA), Inc. dba Abco
Logistics
Abco International Freight (USA), Inc. dba Abco
Logistics (AAbco@)
is a licensed OTI located in El Monte, California. It
was alleged that Abco obtained ocean transportation of
property at rates less than those that would have
otherwise been applicable in violation of section
10(a)(1) of the Shipping Act of 1984 (A1984
Act@)
by accessing service contracts to which Abco was not a
signatory, by improperly describing commodities shipped,
and through the unlawful use of carrier provisions for
equipment substitution. In compromise of civil
penalties arising from these allegations, Abco paid
$40,000.
AME
Logistics LLC
AME Logistics LLC (AAME@)
is an OTI located in Jamaica, New York. It was alleged
that AME operated as an unlicensed NVOCC, without a
license, tariff, or proof of the required surety, in
violation of sections 8 and 19(a) and (b) of the 1984
Act. In compromise of civil penalties arising from
these allegations, AME paid $20,000.
Cargo Cargo
Logistics Inc.
Cargo Cargo Logistics Inc. (ACargo
Cargo@)
is a licensed OTI located in Carson, California. It was
alleged that Cargo Cargo obtained ocean transportation
of property at rates less than those that would have
otherwise been applicable in violation of section
10(a)(1) of the 1984 Act by accessing service contracts
to which Cargo Cargo was not a signatory, by improperly
describing commodities shipped, and through the unlawful
use of carrier provisions for equipment substitution.
In compromise of civil penalties arising from these
allegations, Cargo Cargo paid $40,000.
China
United Transport, Inc. dba C.U. Transport, Inc.
China United Transport, Inc. dba C.U. Transport,
Inc. (AChina
United@),
a licensed OTI located in City of Industry, California,
allegedly violated section 10(a)(1) of the 1984 Act by
obtaining ocean transportation for property at less than
the rates that would otherwise be applicable by
accessing service contracts to which it was not a
signatory. During the same time period, China United
allegedly violated section 10(b)(2)(A) of the 1984 Act
by providing transportation that was not in accordance
with the rates and charges set forth in China United=s
published tariff. In compromise of civil penalties
arising from these allegations, China United paid
$30,000.
Grandwin
Logistics, LLC
Grandwin Logistics LLC (AGrandwin@),
a licensed OTI located in Alhambra, California,
allegedly violated section 10(a)(1) of the 1984 Act by
obtaining ocean transportation for property at less than
the rates that would otherwise be applicable by
accessing service contracts to which it was not a
signatory. It also was alleged that Grandwin violated
section 10(a)(1) of the 1984 Act by allowing others to
obtain ocean transportation for property at less than
the rates that would otherwise be applicable by
permitting non-signatories to utilize its service
contracts. Further, it was alleged that Grandwin
violated section 10(b)(2)(A) of the 1984 Act by
providing transportation in the liner trade that was not
in accordance with the rates and charges set forth in
Grandwin=s
published tariff. In compromise of civil penalties
arising from these allegations, Grandwin paid $35,000.
Hanjin
Shipping Co., Ltd.
Hanjin Shipping Co., Ltd. ("Hanjin") is a
vessel-operating common carrier with headquarters in
Seoul, Korea. It was alleged that Hanjin violated
section 10(b)(1) of the 1984 Act by allowing shippers to
obtain transportation for property at less than the
rates or charges established in its tariffs or service
contracts by means of permitting use of service
contracts by persons who are neither signatories nor
affiliates to those contracts. Also, Hanjin allegedly
violated section 10(b)(2)(A) of the 1984 Act by
providing transportation that was not in accordance with
the rates and charges set forth in its published
tariff. Further, it was alleged that Hanjin violated
sections 10(b)(11) and 10(b)(12) of the 1984 Act by
entering into service contracts with, and providing
transportation services to, OTIs that did not have
tariffs, licenses or bonds as required by the 1984 Act.
In compromise of these allegations, Hanjin made a
payment of $440,000.
Pacific
Transit Services, Inc. dba Cargozone
Pacific Transit Service, Inc. dba Cargozone (Pacific
Transit)
is a licensed OTI located in Inwood, New York. It was
alleged that Pacific Transit obtained ocean
transportation of property at rates less than those that
would have otherwise been applicable in violation of
section 10(a)(1) of the 1984 Act by accessing service
contracts to which Pacific Transit was not a signatory,
by improperly describing commodities shipped, and
through the unlawful use of carrier provisions for
equipment substitution. In compromise of civil
penalties arising from these allegations, Pacific
Transit paid $40,000.
U & S
Shipping, Inc.
U & S Shipping, Inc. (AU
& S Shipping@)
is a licensed OTI located in Sanford, Florida that
operated as an ocean freight forwarder in the United
States. It was alleged that in violation of the
Commission=s
freight forwarder regulations, U & S Shipping shared
freight forwarding compensation on shipments of a
customer with an employee of that customer and that U &
S Shipping performed forwarding services for that
customer at reduced rates. In compromise of civil
penalties arising from these allegations, U & S Shipping
paid $103,000 |
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