[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Pages 25872-25873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13056]



=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

[Docket No. 96-11]


Haewoo Air & Shipping Co., Ltd. (d/b/a Haewoo Shipping Co., 
Ltd.); Possible Violations of Section 10(b)(1) of the Shipping Act of 
1984; Order of Investigation

    Haewoo Air & Shipping Co., Ltd. d/b/a Haewoo Shipping Co., Ltd. 
(``Haewoo'') is a non-vessel-operating common carrier located in Seoul, 
Korea. Haewoo maintains a tariff on file with the Commission which 
provides for service between various Asian countries and the United 
States.
    A review of Haewoo's tariff showed that it contained only one 
commodity rate in addition to Cargo, N.O.S. rates. A review of invoices 
and freight payments for shipments moving under Haewoo bills of lading 
from June 5, 1994, to January 19, 1995, indicated that Haewoo did not 
charge the rates contained in its tariff. On February 3, 1995, 
additional commodity rates were filed by Haewoo in its tariff.
    Section 10(b)(1) of the Shipping Act of 1984 (``1984 Act''), 46 
U.S.C. app. 1709(b)(1), provides that no common carrier may charge, 
demand, collect, or receive greater, less, or different compensation 
for the transportation of property or for any service in connection 
therewith than the rates and charges in its tariffs. In regard to the 
activities of Haewoo, it appears that Haewoo charged less than its 
applicable tariff rates for the transportation of at least 36 shipments 
between June 5, 1994, and January 19, 1995, in violation of section 
10(b)(1) of the 1984 Act.
    Section 11 of the 1984 Act, 46 U.S.C. app. 1710, sets forth the 
Commission's authority to investigate violations of the 1984 Act. In 
the event violations are found, section 13 of the 1984 Act, 46 U.S.C. 
app. 1712, provides that the Commission may assess civil penalties and 
suspend tariffs as remedies for violations of section 10(b)(1). Section 
14(a) of the 1984 Act, 46 U.S.C. app. 1713(a), empowers the Commission 
to issue orders relating to violations of the 1984 Act.
    Now therefore it is ordered, that pursuant to sections 10, 11, 13 
and 14 of the 1984 Act, an investigation is hereby instituted to 
determine:
    1. Whether Haewoo violated section 10(b)(1) of the 1984 Act by 
charging, demanding, collecting, or receiving greater, lesser, or 
different compensation for the transportation of property or for any 
service in connection therewith than the rates and charges that are 
shown in its tariffs;
    2. Whether, in the event Haewoo violated the 1984 Act, civil 
penalties should be assessed against Haewoo and, if so, the amount of 
such penalties;
    3. Whether, in the event violations are found, an appropriate cease 
and desist order should be issued; and
    4. Whether, in the event violations are found, Haewoo's tariff 
should be suspended for a period of time not to exceed 12 months.
    It is further ordered, That a public hearing be held in this 
proceeding and that this matter be assigned for hearing before an 
Administrative Law Judge (``Presiding Officer'') of the Commission's 
Office of Administrative Law Judges in compliance with Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61. The 
Hearing shall include oral testimony and cross-examination at the 
discretion of the Presiding Officer only after consideration has been 
given by the parties and the Presiding Officer to the use of 
alternative forms of dispute

[[Page 25873]]

resolution, and 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.
    It is further ordered, That Haewoo Air & Shipping Co., Ltd. d/b/a 
Haewoo Shipping Co., Ltd. is designated Respondent in this proceeding;
    It is further ordered, That the Commission's Bureau of Enforcement 
is designated a party to this proceeding;
    It is further ordered, That notice of this Order be published in 
the Federal Register, and a copy be served on parties of record;
    It is further ordered, That other persons having an interest in 
participating in this proceeding may file petitions for leave to 
intervene in accordance with Rule 72 of the Commission's Rules of 
Practice and Procedure, 46 CFR 502.72;
    It is further ordered, That all further notices, orders, and/or 
decisions issued by or on behalf of the Commission in this proceeding, 
including notice of the time and place of hearing or prehearing 
conference, shall be served on parties of record;
    It is further ordered, That all documents submitted by any party of 
record in this proceeding shall be directed to the Secretary, Federal 
Maritime Commission, Washington, D.C. 20573, and comply with Subpart H 
of the Commission's Rules of Practice and Procedure, 46 CFR 502.111-
119, and shall be served on parties of record; and
    It is further ordered, That in accordance with Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the 
initial decision of the Administrative Law Judge shall be issued by 
January 20, 1997, and the final decision of the Commission shall be 
issued by May 20, 1997.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-13056 Filed 5-22-96; 8:45 am]
BILLING CODE 6730-01-M