[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Page 47597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19374]


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FEDERAL MARITIME COMMISSION

[Docket No. 10-08]


Bimsha International v. Chief Cargo Services, Inc., and Kaiser 
Apparel, Inc.; Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by Bimsha International, 
hereinafter ``Complainant,'' against Chief Cargo Services, Inc., and 
Kaiser Apparel, Inc., hereinafter ``Respondents.'' Complainant asserts 
that it is located in Pakistan and in the business of manufacturing 
garments. Complainant asserts that Respondents are ``New York State 
Corporations doing business in New York State and elsewhere, performing 
freight forwarding and cargo handling services paying freight charges, 
paying import duties and performing U.S. Customs clearance services for 
its customers.''
    Complainant alleges that three transactions occurred between 
Complainant and Respondent and that ``Respondents fraudulently, 
unlawfully and wrongfully released the shipments without obtaining the 
negotiable Bills of Lading and remitting payment for the shipments as 
required by the Shipping Act and the Bill of Lading Act.'' As a result, 
Complainant alleges that Respondents violated: ``U.S. Code Title 46 
Sec. 1(a), Sec. 30701(4), 30701(6), 30701(7), 30701(8), Sec. 41102(b), 
41102(c) (Shipping Act Sec. 10(a)(1) and 10(d)(1)), 41301 (Sec. 11(a) 
of the Shipping Act), 41302, 41303, 41304, 41305, 41309, 305; U.S. Code 
49 Sec. 80101, 80102, 80103, 80104, 80110, 80111, 80116, 80106.''
    Complainant requests that the Commission ``investigate the 
matter''; that Respondents be required to answer the charges made by 
Complainant; that Respondents be ordered to pay reparations of 
$207,809.74 with interest and attorney's fees; and order any such other 
and further relief as the Commission deems just and proper.
    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 
August 2, 2011 and the final decision of the Commission shall be issued 
by November 30, 2011.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-19374 Filed 8-5-10; 8:45 am]
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