AMC Files FMC Complaint Against NVOCC and Affiliates for Trying to Steal Customers, Etc.
Shipping company AMC USA, Inc. has filed a complaint before the Federal Maritime Commission against a non-vessel operating common carrier, International First Service S.A. (IFS S.A.) and a group of affiliates, for cargo diversions which AMC alleges are in violation of the Shipping Act of 19841.
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AMC Claims Respondents Hid Tariff Records, Stole Propriety Information, Etc.
According to AMC's complaint, the respondents:
(1) failed to keep open to the public in an automated tariff system, tariffs showing all rates, charges, classifications, rules, and practices between all points and ports on its route and on any through transportation that has been established;
(2) failed to file with FMC the service contracts entered into with vessel operating common carriers;
(3) engaged in a willful and deliberate fraudulent scheme to steal customers, employees and proprietary information from AMC in order to gain an unfair business advantage and/or in order to provide ocean transportation for property for less than the rates and/or charges that would otherwise have applied;
(4) operated under agreements that were required to be filed under the Shipping Act that were not effective under Act;
(5) worked together to allow parties to obtain transportation for property at less than the rates or charges that would have applied by unjust and unfair means;
(6) failed to establish, observe and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, and delivering property; and
(7) knowingly and willfully accepted cargo for the account of an ocean transportation intermediary (OTI) that does not have a tariff and a bond, insurance or other surety.
(8) acted as OTIs in the U.S. without a license.
AMC asserts that as a direct result of respondent's violations of the Shipping Act, it has suffered injury involving customer relations and in its reputation in the industry.
AMC Requests Denial of OTI Licenses, Over $280,000 in Reparations, Etc.
AMC, in addition to requesting a hearing, asks the FMC to:
deny respondents OTI licenses;
order the respondents to cease and desist from its alleged violations of the Shipping Act2;
pay AMC reparations in a sum of no less than $283,918.95, plus reasonable attorney's fees, interests and costs, and any other damages to be determined; and
impose any other relief as FMC determines to be proper, fair, and just.
Initial and Final FMC Decisions Due in 2011
Pursuant to 46 CFR 502.61, the initial decision of the presiding officer in this proceeding shall be issued by February 4, 2011 and the final decision of FMC shall be issued by June 6, 2011.
1The name of the complaint is AMC USA, Inc. v. International First Service S.A. aka IFS S.A, its agents, affiliated, related and partner companies, and International First Service Argentina aka AR-IFS, its agents, affiliated, related and partner companies, and International First Service USA, Inc. aka IFS USA, Inc. dba Global Wine Logistics USA Inc. aka GWL USA, Inc., and Global Wine Logistics USA Inc. aka GWL USA, Inc., and Anita Mcneil and Ipsen Logistics GmbH.
2The complaint alleges that the respondents violated the Shipping Act of 1984 at 46 USC 40501(a), 40502(b)(1), 41102, 41104(1), 41104(11), and 40901; and Federal Maritime Commission regulations at 46 CFR 515.3 and 520.
FMC notice (D/N 10-01, FR Pub 02/10/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-2818.pdf