K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; Notice of Filing of Complaint and Assignment, 32666 [E7-11402]

Download as PDF 32666 Federal Register / Vol. 72, No. 113 / Wednesday, June 13, 2007 / Notices Filing Party: Walter H. Lion, Esq.; McLaughlin & Stern, LLP; 260 Madison Ave.; New York, NY 10016. Synopsis: The amendment adds the port of Jacksonville, Florida, to the geographic scope of the agreement. Agreement No.: 012003. Title: APL/CMA CGM/HMM/MOL China/U.S. East Coast Via Panama Vessel Sharing Agreement. Parties: APL Co. Pte Ltd.; American President Lines, Ltd.; CMA CGM S.A.; Hyundai Merchant Marine Co., Ltd.; and Mitsui O.S.K. Lines, Ltd. Filing Party: David B. Cook, Esq.; Goodwin Proctor LLP; 901 New York Avenue, NW.; Washington, DC 20001. Synopsis: The agreement authorizes the parties to share vessel space and engage in related cooperative activities in the trade between China (including Hong Kong) and Panama and the U.S. East Coast. Agreement No.: 012004. Title: HMM/ELJSA Slot Exchange Agreement. Parties: Hyundai Merchant Marine Co., Ltd. and Evergreen Line Joint Service Agreement. Filing Party: Paul M. Keane, Esq.; Cichanowicz, Callan, Keane, Vengrow & Textor, LLP; 61 Broadway; Suite 3000; New York, NY 10006–2802. Synopsis: The agreement authorizes the parties to exchange container slots in the trade between U.S. East Coast ports and ports in China, Japan, South Korea, Taiwan, and Panama. This agreement replaces an earlier agreement between the parties in the trade. sroberts on PROD1PC70 with NOTICES Agreement No.: 201162–002. Title: NYSA–ILA Assessment Agreement. Parties: New York Shipping Association, Inc. and the International Longshoremen’s Association, AFL–CIO for the Port of New York and New Jersey. Filing Parties: Richard P. Lerner, Esq.; The Lambos Firm; 29 Broadway—9th Floor; New York, NY 10006; and Andre Mazzola, Esq.; Gleason, Marrinan & Mazzola Mardon, P.C.; 26 Broadway— 17th Floor; New York, NY 10004. Synopsis: The amendment revises and sets assessment rates for certain containers. By Order of the Federal Maritime Commission. Dated: June 8, 2007. Karen V. Gregory, Assistant Secretary. [FR Doc. E7–11411 Filed 6–12–07; 8:45 am] BILLING CODE 6730–01–P VerDate Aug<31>2005 18:30 Jun 12, 2007 Jkt 211001 FEDERAL MARITIME COMMISSION [Docket No. 07–05] K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; Notice of Filing of Complaint and Assignment Notice is given that a complaint has been filed with the Federal Maritime Commission (‘‘Commission’’) by K.E.I. Enterprise d/b/a KEI Logix. Complainant asserts that it is a corporation formed and existing under the laws of the State of California and is licensed by the Commission as a NonVessel-Operating Common Carrier. Complainant alleges that Respondent, Greenwest Activewear, Inc., is an exporter of fabric and other goods that has its principal place of business in California. Complainant also alleges that Respondent’s place of incorporation is unknown. Complainant asserts that it transported fabric from the United States to Guatemala on behalf of Respondent on an ongoing basis during 2006. Complainant contends that Respondent refused to pay freight due on other shipments as a result of Complainant’s denial to fulfill a claim filed by Respondent for cargo stolen while in transit by an inland carrier in Guatemala. Accordingly, Complainant refused to release these other shipments. Complainant claims that a compromise was reached whereby Respondent agreed to pay Complainant freight due in the amount of $101,019.08, and Complainant would release all of Respondent’s cargo. Complainant avers that, pursuant to the compromise, on May 16, 2007, Respondent delivered three postdated checks totaling $101,019.08, and Complainant subsequently released Respondent’s cargo on that same day. On May 17, 2007, Complainant asserts that it was informed by Respondent’s bank that Respondent had placed a stop payment order on the postdated checks totaling $101,019.08. Complainant contends that Respondent violated of the Shipping Act of 1984 (‘‘the Shipping Act’’) by inducing Complainant to relinquish the cargo and lose its possessory maritime lien when it purportedly made payment of freight by postdated checks, knowing that it would stop payment on such checks once Complainant released the cargo. Complainant asserts that Respondent knowingly and willfully, by means of unjust or unfair device, obtained ocean transportation for property at less than the rates or charges that Complainant would otherwise apply. 46 U.S.C. 41102(a). PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Complainant asserts that it has been injured and damaged in the sum of $108,019.08. Complainant requests that the Commission require Respondent to: (1) Answer the charges in the subject complaint; (2) cease and desist from the aforesaid violation of the Shipping Act; and (3) pay to Complainant by way of reparations the sum of $108,019.08 with interest and attorney’s fees and any other sums as the Commission determines to be proper under the Shipping Act. 46 U.S.C. 41305(b). Additionally, Complainant requests that the Commission issue further order(s) as it determines to be proper in the premises, and that the hearing be in Los Angeles, California. 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 crossexamination 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 crossexamination 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 June 6, 2008, and the final decision of the Commission shall be issued by October 6, 2008. Karen V. Gregory, Assistant Secretary. [FR Doc. E7–11402 Filed 6–12–07; 8:45 am] BILLING CODE 6730–01–P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a NonVessel—Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. Chapter 409 and 46 CFR 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Page 32666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11402]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-05]


K.E.I. Enterprise d/b/a KEI Logix v. Greenwest Activewear, Inc.; 
Notice of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (``Commission'') by K.E.I. Enterprise d/b/a KEI 
Logix. Complainant asserts that it is a corporation formed and existing 
under the laws of the State of California and is licensed by the 
Commission as a Non-Vessel-Operating Common Carrier. Complainant 
alleges that Respondent, Greenwest Activewear, Inc., is an exporter of 
fabric and other goods that has its principal place of business in 
California. Complainant also alleges that Respondent's place of 
incorporation is unknown.
    Complainant asserts that it transported fabric from the United 
States to Guatemala on behalf of Respondent on an ongoing basis during 
2006. Complainant contends that Respondent refused to pay freight due 
on other shipments as a result of Complainant's denial to fulfill a 
claim filed by Respondent for cargo stolen while in transit by an 
inland carrier in Guatemala. Accordingly, Complainant refused to 
release these other shipments. Complainant claims that a compromise was 
reached whereby Respondent agreed to pay Complainant freight due in the 
amount of $101,019.08, and Complainant would release all of 
Respondent's cargo. Complainant avers that, pursuant to the compromise, 
on May 16, 2007, Respondent delivered three postdated checks totaling 
$101,019.08, and Complainant subsequently released Respondent's cargo 
on that same day. On May 17, 2007, Complainant asserts that it was 
informed by Respondent's bank that Respondent had placed a stop payment 
order on the postdated checks totaling $101,019.08.
    Complainant contends that Respondent violated of the Shipping Act 
of 1984 (``the Shipping Act'') by inducing Complainant to relinquish 
the cargo and lose its possessory maritime lien when it purportedly 
made payment of freight by postdated checks, knowing that it would stop 
payment on such checks once Complainant released the cargo. Complainant 
asserts that Respondent knowingly and willfully, by means of unjust or 
unfair device, obtained ocean transportation for property at less than 
the rates or charges that Complainant would otherwise apply. 46 U.S.C. 
41102(a).
    Complainant asserts that it has been injured and damaged in the sum 
of $108,019.08. Complainant requests that the Commission require 
Respondent to: (1) Answer the charges in the subject complaint; (2) 
cease and desist from the aforesaid violation of the Shipping Act; and 
(3) pay to Complainant by way of reparations the sum of $108,019.08 
with interest and attorney's fees and any other sums as the Commission 
determines to be proper under the Shipping Act. 46 U.S.C. 41305(b). 
Additionally, Complainant requests that the Commission issue further 
order(s) as it determines to be proper in the premises, and that the 
hearing be in Los Angeles, California.
    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 June 6, 
2008, and the final decision of the Commission shall be issued by 
October 6, 2008.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E7-11402 Filed 6-12-07; 8:45 am]
BILLING CODE 6730-01-P