[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Notices]
[Page 18996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7095]


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FEDERAL MARITIME COMMISSION

[Docket No. 07-03]


Armstrong World Industries, Inc. v. Expeditors International of 
Washington, Inc.; Notice of Complaint and Assignment

    Notice is given that a complaint and First Request for Production 
of Documents has been filed with the Federal Maritime Commission 
(``Commission'') by Armstrong World Industries, Inc. (``AWI''). 
Complainant asserts that it is a corporation under the laws of the 
State of Pennsylvania whose principal business is as a designer and 
manufacturer of floors. Complainant alleges that Respondent, Expeditors 
International (``Expeditors'') is a corporation under the laws of the 
State of Washington and is licensed by the Federal Maritime Commission 
as an Ocean Transportation Intermediary, Non-Vessel-Operating Common 
Carrier.
    Complainant alleges that they used the services of Respondent for 
their ocean transportation requirements around the world, including 
from the Far East to Complainant's facilities in the U.S. through U.S. 
West Coast Ports. Complainant asserts that during the 2005 peak 
shipping season Respondent ``triple charged AWI for the pass-through 
peak season shipping charges assessed under Respondent's ocean shipping 
contracts with its Vessel-Operating Common Carriers.'' Complainant 
alleges that the additional charges constitute violations of the 
following Sections of the Shipping Act of 1984 (``The Act''): Section 
10(b)(4)(a) (46 U.S.C. 1709(b)(4)(a)) (now 46 U.S.C. 41104) for unfair 
or unjustly discriminatory practices in the matter of rates and 
charges; Section 10(b)(8) (46 U.S.C. App. section 1709(b)(8)) (now 46 
U.S.C. 41104) for the imposition of undue and unreasonable prejudice 
and disadvantage; and Section 10(d)(1) (46 U.S.C. App. section 
1709(d)(1)) (now 46 U.S.C. 41102(c)), for failure to establish just and 
reasonable regulations and practices relating to or connecting with 
receiving or handling of property. Complainant requests the Commission 
to: (a) Find Respondent to have violated the above referenced sections 
of the Act; (b) direct Respondent to pay $216,765.00 and such other 
amounts proven by evidence in this proceeding, interest, and attorney's 
fees; and (c) impose any other relief as the Commission determines to 
be proper, fair, and just.
    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 April 9, 
2008, and the final decision of the Commission shall be issued by 
August 7, 2008.

Bryant L. VanBrakle,
Secretary.
 [FR Doc. E7-7095 Filed 4-13-07; 8:45 am]
BILLING CODE 6730-01-P