Ocean Transportation Intermediary License; Revocations, 55553 [E9-25961]
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Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Notices
Dated: October 23, 2009.
Karen V. Gregory,
Secretary.
[FR Doc. E9–25962 Filed 10–27–09; 8:45 am]
BILLING CODE 4730–01–P
FEDERAL MARITIME COMMISSION
erowe on DSK5CLS3C1PROD with NOTICES
Ocean Transportation Intermediary
License; Revocations
The Federal Maritime Commission
hereby gives notice that the following
Ocean Transportation Intermediary
licenses have been revoked pursuant to
section 19 of the Shipping Act of 1984
(46 U.S.C. Chapter 409) and the
regulations of the Commission
pertaining to the licensing of Ocean
Transportation Intermediaries, 46 CFR
part 515, effective on the corresponding
date shown below:
License Number: 013868N.
Name: Cruz International, Inc.
Address: 2206 Saxon Street, Tampa,
FL 33605.
Date Revoked: September 11, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019052N.
Name: Deans & Associate Freight
System Inc.
Address: 225–10 Merrick Blvd.,
Laurelton, NY 11413.
Date Revoked: September 27, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019117F.
Name: East-West CFS, Inc.
Address: 14821 Northam Street, La
Mirada, CA 90638.
Date Revoked: September 20, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 020780N.
Name: Kevin Jung dba US Global
Logistics.
Address: 540 S. Catalina Street, Ste.
209, Los Angeles, CA 90020.
Date Revoked: September 26, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 004474N.
Name: Logistics Transportation
Services, Inc.
Address: 23171 Mills Road, Porter, TX
77365.
Date Revoked: September 29, 2009.
Reason: Surrendered license
voluntarily.
License Number: 017140N.
Name: Meridian Containers (USA)
Ltd.
Address: 47 Raritan Ave., Ste. B,
Highland Park, NJ 08904.
Date Revoked: September 19, 2009.
Reason: Failed to maintain a valid
bond.
VerDate Nov<24>2008
15:34 Oct 27, 2009
Jkt 220001
License Number: 021775F.
Name: Prologistics, Inc.
Address: 9715 Carnegie Ave., El Paso,
TX 79925.
Date Revoked: September 23, 2009.
Reason: Failed to maintain a valid
bond.
License Number: 019125F.
Name: Monumental Shipping &
Moving Corp.
Address: 103–10 Astoria Blvd., E.
Elmhurst, NY 11369.
Date Revoked: September 28, 2009.
Reason: Surrendered license
voluntarily.
Sandra L. Kusumoto,
Director, Bureau of Certification and
Licensing.
[FR Doc. E9–25961 Filed 10–27–09; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL MARITIME COMMISSION
[Docket No. 09–07]
World Chance Logistics (Hong Kong),
Ltd. and Yu, Chi Shing, a.k.a. Johnny
Yu—Possible Violations of Section 10
of the Shipping Act of 1984; Order of
Investigation and Hearing
World Chance Logistics (Hong Kong),
Ltd., (‘‘World Chance’’) is a foreign
based tariffed and bonded non-vesseloperating common carrier (‘‘NVOCC’’)
registered with the Federal Maritime
Commission (‘‘Commission’’) as Org.
No. 018712. World Chance is located at
#8 Des Voeux Road West, Rms. 1401–
1402, Hong Kong, China. Yu, Chi Shing,
a.k.a. Johnny Yu (‘‘Mr. Yu’’) is the
company’s sole shareholder and chief
executive officer.
Based on evidence available to the
Commission, it appears that World
Chance and Mr. Yu may have permitted
unrelated shippers of pyrotechnics to
have direct access to the rates in World
Chance’s service contracts. Moreover, it
also appears that World Chance and Mr.
Yu may have provided rates and charges
to pyrotechnics shippers which were
not in accordance with the rates and
charges contained in World Chance’s
tariff.
Additionally, in 2005, Mr. Yu
incorporated Fireworks Logistics
Association Ltd. (‘‘FLA’’) as a ‘‘private
limited company’’ in Hong Kong. FLA,
however, does not appear to have a
separate legal identity, and lists World
Chance’s Hong Kong address as its own
and uses World Chance’s telephone and
fax numbers and its email account.
From the evidence developed, it appears
that by entering into service contracts in
FLA’s name, World Chance and Mr. Yu
may have utilized FLA as an unfair
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55553
device or means to obtain lower rates
and to receive volume incentive
payments not otherwise applicable.
Section 10(a)(1) of the 1984 Act, 46
U.S.C. 41102(a) prohibits any person
from knowingly and willfully obtaining
or attempting to obtain ocean
transportation of property at less than
the otherwise applicable rates or charges
‘‘by means of false billing, false
classification, false weighing, false
report of weight, false measurement, or
any other unjust or unfair device or
means * * * .’’ Section 10(b)(1) of the
1984 Act, 46 U.S.C. 41104(1), prohibits
a carrier from allowing any person to
obtain transportation of property at less
than the rates and charges in the
carrier’s tariff or filed contracts ‘‘by
means of false billing, false
classification * * * or by any other
unjust or unfair device or means.’’
Section 10(b)(2) of the 1984 Act, 46
U.S.C. 41104(2), prohibits providing
service in the liner trades ‘‘not in
accordance with’’ the rates and charges
published in a tariff or filed in an
NVOCC service arrangement.
Pursuant to section 13 of the 1984
Act, 46 U.S.C. 41109, a party is subject
to a civil penalty not exceeding $5,000
for each violation unless the violation
was willfully and knowingly
committed, in which case the amount of
the civil penalty may not exceed
$25,000 for each violation.1
Now therefore, it is ordered, that
pursuant to sections 10 and 11 of the
1984 Act, 46 U.S.C. 41102(a), and
41104(1) and (2), an investigation is
instituted to determine:
(1) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
a.k.a. Johnny Yu, violated section
10(a)(1) of the 1984 Act, 46 U.S.C.
41102(a), by utilizing Fireworks
Logistics Association, Ltd. as an unfair
device or means to obtain lower rates
and receive volume incentive payments
not otherwise applicable;
(2) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
a.k.a. Johnny Yu, violated section
10(b)(1) of the 1984 Act, 46 U.S.C.
41104(1), by allowing persons to obtain
transportation of property at less than
the rates and charges in the carrier’s
tariff or filed contracts ‘‘by means of
false billing, false classification * * * or
by any other unjust or unfair device or
means;’’
(3) Whether World Chance Logistics
(Hong Kong), Ltd. and/or Yu, Chi Shing,
1 Effective July 31, 2009, the maximum levels of
civil penalties were adjusted for inflation to $8,000
and $40,000, respectively. For the period of
violations discussed in this memorandum prior to
July 31, 2009, the maximum level of civil penalties
was $6,000 and $30,000, respectively.
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[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Notices]
[Page 55553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25961]
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FEDERAL MARITIME COMMISSION
Ocean Transportation Intermediary License; Revocations
The Federal Maritime Commission hereby gives notice that the
following Ocean Transportation Intermediary licenses have been revoked
pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter
409) and the regulations of the Commission pertaining to the licensing
of Ocean Transportation Intermediaries, 46 CFR part 515, effective on
the corresponding date shown below:
License Number: 013868N.
Name: Cruz International, Inc.
Address: 2206 Saxon Street, Tampa, FL 33605.
Date Revoked: September 11, 2009.
Reason: Failed to maintain a valid bond.
License Number: 019052N.
Name: Deans & Associate Freight System Inc.
Address: 225-10 Merrick Blvd., Laurelton, NY 11413.
Date Revoked: September 27, 2009.
Reason: Failed to maintain a valid bond.
License Number: 019117F.
Name: East-West CFS, Inc.
Address: 14821 Northam Street, La Mirada, CA 90638.
Date Revoked: September 20, 2009.
Reason: Failed to maintain a valid bond.
License Number: 020780N.
Name: Kevin Jung dba US Global Logistics.
Address: 540 S. Catalina Street, Ste. 209, Los Angeles, CA 90020.
Date Revoked: September 26, 2009.
Reason: Failed to maintain a valid bond.
License Number: 004474N.
Name: Logistics Transportation Services, Inc.
Address: 23171 Mills Road, Porter, TX 77365.
Date Revoked: September 29, 2009.
Reason: Surrendered license voluntarily.
License Number: 017140N.
Name: Meridian Containers (USA) Ltd.
Address: 47 Raritan Ave., Ste. B, Highland Park, NJ 08904.
Date Revoked: September 19, 2009.
Reason: Failed to maintain a valid bond.
License Number: 021775F.
Name: Prologistics, Inc.
Address: 9715 Carnegie Ave., El Paso, TX 79925.
Date Revoked: September 23, 2009.
Reason: Failed to maintain a valid bond.
License Number: 019125F.
Name: Monumental Shipping & Moving Corp.
Address: 103-10 Astoria Blvd., E. Elmhurst, NY 11369.
Date Revoked: September 28, 2009.
Reason: Surrendered license voluntarily.
Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. E9-25961 Filed 10-27-09; 8:45 am]
BILLING CODE 6730-01-P
