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FMC Announces Compromise Agreements with $490,000 in Civil Penalties

Created by HButler on 2/16/2012 8:53:57 PM

The Federal Maritime Commission on Feb. 15 announced that it had reached compromise agreements with eight non-vessel-operating common carriers (NVOCCs) and with related companies, resulting in $490,000 in civil penalties. The FMC noted that the parties settled and agreed to the penalties, but did not admit to violations of the Shipping Act or of the commission's regulations.

According to the FMC, the penalties assessed were as follows:

  • $235,000, paid by Orient Express Container Co. Ltd, OEC Freight (NY) Inc., and O.E.C. Shipping Los Angeles, Inc., to settle allegations that they knowingly and willfully applied reduced rates in service contracts, contrary to contract provisions limiting application of such reduced rates to certain "named accounts," and, in the case of Orient Express Container, that it provided service that was not in accordance with the rates or charges contained in its NVOCC tariff.
  • $105,000, paid by Solex Logistics Inc., to settle allegations that it knowingly and willfully misdescribed cargo under applicable service contracts, and that it violated § 10(b)(2) by failing to charge its applicable NVOCC rates.
  • $75,000, paid by Pan-Link International Corp. and Pacific Star International Logistics (China) Co. Ltd. to settle allegations that they knowingly and willfully obtained ocean freight transportation at less than the rates and charges that would otherwise be applicable by misdescribing cargo under applicable service contracts.
  • $40,000, paid by JIF Logistics INc. to settle allegations that it knowingly and willfully misdescribed commodities under its applicable service contracts, in violation of section 10(a)(1).
  • $35,000, paid by Wanda Shipping Company Inc. and Heng Shen USA Inc. to settle allegations that they knowingly and willfully obtained transportation under service contracts to which they were not a party, and that Wanda unlawfully allowed others to obtain transportation using Wanda’s corporate name and service contracts.
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