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[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77875-77876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31346]

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FEDERAL MARITIME COMMISSION

[Docket No. 10-10]

Draft Cargoways India (PVT.) LTD. v. DAMCO U.S.A., INC., DAMCO A/
S, A.P. Moller-Maersk A/S, Glencore LTD., and Allegheny Alloys Trading 
LP; Notice of Filing of Amended Complaint

    Notice is given that an Amended Complaint has been filed with the 
Federal Maritime Commission (``Commission'') by DRAFT CARGOWAYS (INDIA) 
PVT. LTD. (``Complainant'') in this proceeding against DAMCO USA, INC., 
DAMCO A/S, AND A.P. MOLLER-MAERSK A/S (``Respondent'') noticed on 
November 16, 2010 (75 FR 20005). Complainant asserted in its original 
complaint that Respondents violated Sections 8(a)(1), 10(b)(2)(A), 
10(b)(11), 10(b)(13) and 10(d)(1) of the Shipping Act of 1984, 46 
U.S.C. 40501(a)(1), 41104(2) and (11), 41103(a) and 41102(c). 
Complainant alleged that Respondents ``invoiced and attempted to 
collect amounts from Complainant for demurrage and detention'' on the 
shipments at issue and that ``DAMCO A/S' published tariff did not 
contain any demurrage and detention provisions * * *.'' Complainant 
alleged that Respondent DAMCO US has ``made * * * false 
representations, misleading statements or omissions in a Complaint (* * 
*) filed in the United States District Court for the Eastern District 
of Virginia'' pertaining to the same shipping transactions. Complainant 
also alleged that Respondents ``have repeatedly utilized a `bait and 
switch' scheme * * * in misleading the shipping public, including 
DRAFT, * * * by utilizing DAMCO US, DAMCO A/S, and MAERSK as 
interchangeable parts'' and that the scheme is a ``practice.'' 
Complainant asserted that by using this scheme Respondents ``knowingly 
disclosed, offered, solicited and received information concerning the 
nature, kind, quantity, destination, shipper, consignee, and routing of 
the property * * * without the consent of DRAFT and us(ed) that 
information to the detriment and disadvantage to DRAFT.'' Complainant 
asserted that it ``has lost significant business to MAERSK generated by 
its Indian accounts related to subject shipments.''

[[Page 77876]]

    The Amended Complaint describes further allegations raised by DAMCO 
A/S in the district court proceeding and makes further allegations 
indicating that DAMCO A/S ``by cross-referencing MAERSK's demurrage 
clause in its tariff violated 46 CFR 520.7(a)(3)'' and ``by having two 
conflicting tariffs violated 46 CFR 520.7(a)(4). Also, the Amended 
Complaint adds as parties to this proceeding, Glencore Ltd. 
(``Glencore'') and Allegheny Alloys Trading LP (``Allegheny''), as they 
were ``the actual consignees for subject shipments,'' and requests that 
``[i]f the Commission finds that DAMCO A/S is entitled to demurrage/
detention'', Glencore and Allegheny be found in violation of Section 
10(a)(1) of the Shipping Act, 46 U.S.C. 41102(a), and be required to 
make reparations to Complainant in the amount of $20,725. The Amended 
Complaint does not alter the Complainant's original request that the 
Commission: compel Respondents to answer the complaint; find 
Respondents DAMCO A/S, DAMCO US and MAERSK in violation of the Shipping 
Act; order Respondents DAMCO A/S, DAMCO US and MAERSK to make 
reparations to Complainant in the amount of $20,725 ``for amounts paid 
for demurrage and detention'', and $150,000 for lost business and 
clients; pay interest, costs and attorneys' fees; order Respondents 
DAMCO A/S, DAMCO US and MAERSK to ``cease and desist in the action 
filed in the United States District Court, Eastern District of Virginia 
* * * and to cease and desist in attempting to collect amounts for 
demurrage and detention in the amount of $174,412.50; and impose any 
other relief as the Commission determines to be proper, fair, and just.
    Notice is also given that Glencore and Allegheny are now identified 
as Respondents in the caption for this proceeding.

Karen V. Gregory,
Secretary.
[FR Doc. 2010-31346 Filed 12-13-10; 8:45 am]
BILLING CODE 6730-01-P
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