Century Metal Recycling PVT. LTD v. Dacon Logistics, LLC dba CODA Forwarding, Great American Alliance Insurance Company, Avalon Risk Management, HAPAG Lloyd America, Inc., and Mitsui OSK Lines; Notice of Filing of Complaint and Assignment, 65886-65887 [2012-26702]

Agencies

• Federal Maritime Commission

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65886-65887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26702]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 12-09]


Century Metal Recycling PVT. LTD v. Dacon Logistics, LLC dba CODA 
Forwarding, Great American Alliance Insurance Company, Avalon Risk 
Management, HAPAG Lloyd America, Inc., and Mitsui OSK Lines; Notice of 
Filing of Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission) by Century Metal Recycling Pvt. Ltd d/
b/a/CMR American, LLC (Century Metal), hereinafter ``Complainant,'' 
against Dacon Logistics, LLC dba Coda Forwarding (Dacon); Great 
American Alliance Insurance Company; Avalon Risk Management; Hapag 
Lloyd America, Inc. (Hapag Lloyd); and Mitsui OSK Lines (Mitsui), 
hereinafter ``Respondents.'' Complainant asserts that it is a private 
limited company registered in the State of Connecticut. Complainant 
alleges that: Respondent Dacon is an ocean freight forwarder licensed 
by the Commission and registered in the State of New Jersey; 
Respondents Great American Alliance Insurance Company and/or Avalon 
Risk Management provide insurance bond coverage to Dacon and are 
located in Cincinnati, OH; Respondent Hapag Lloyd is an ocean carrier 
``duly registered/licensed'' with the Commission, headquartered in 
Hamburg, Germany and registered in New Jersey; and Respondent Mitsui is 
a Japanese corporation operating as a vessel operating common carrier 
in the U.S. foreign trades.
    Complainant alleges that Respondent Dacon, with whom Complainant 
contracted to ship containers containing aluminum and zinc, has failed 
to pay Hapag Lloyd and Mitsui for ocean freight resulting in refusal by 
the ocean carriers to release thirty containers.

[[Page 65887]]

Complainant alleges it is ``being charged approximately $3,000-$4,000 
per day in detention fees * * *.'' Therefore Complainant alleges that 
Respondent Dacon has violated 46 U.S.C. 41102(c) through ``egregious 
actions * * * and the deprivation of Century Metal's high value 
property.''
    Complainant requests that the Commission issue the following 
relief:
    ``(a) An Order compelling Dacon to make payment in the amounts owed 
to Hapag-Lloyd and Mitsui to facilitate the release of Century Metal's 
containers; (b) An Order compelling Dacon to pay the injured Century 
Metal by way of reparations in the amount of actual injury to be 
determined at hearing, including the amounts paid to suppliers and 
compensatory damages, including interest paid to bankers on such 
payments; (c) An Order requiring Dacon to compensate Century Metal for 
its attorneys' fees and expenses incurred in this matter; (d) An order 
requiring the release of the bond posted by Dacon with this Commission 
in favor of Century Metal; (e) An interim ex parte order requiring the 
shipping line respondents to release the containers to the complainant 
at the discharge port and to allow waiver of applicable detention 
charges pending final disposition of this matter; (f) Such other and 
further relief as the Commission deems just and proper.''
    The full text of the complaint can be found in the Commission's 
Electronic Reading Room at www.fmc.gov.
    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 October 25, 
2013 and the final decision of the Commission shall be issued by 
February 24, 2014.

Karen V. Gregory,
Secretary.
[FR Doc. 2012-26702 Filed 10-30-12; 8:45 am]
BILLING CODE 6730-01-P