Tuesday, October 14, 2014

FMC Fines NVOCCs for Shipping Act Violations

By Mark Edward Nero

The Federal Maritime Commission said Oct. 10 that it has fined seven companies – including two on the West Coast – a total of $503,000 for alleged violations of the Shipping Act.

The fines and other penalties were placed on five non-vessel-operating common carriers (NVOCCs), two unlicensed transport businesses and one vessel-operating common carrier.

Among the penalized companies was China Container Line Ltd., a licensed and bonded NVOCC and freight forwarder located in Santa Fe Springs, Calif., outside of Los Angeles.

Commission staff alleged that China Container Line violated section 10(a)(1) of the Shipping Act by knowingly and willfully obtaining transportation at less than applicable rates by misdescribing commodities and misrepresenting the names of shipper accounts under certain service contracts.

Under the terms of the compromise, China Container Line and its Shanghai-based branch jointly paid $100,000 in penalties.

Also fined was FCC Logistics Inc., doing business as GOF Logistics Group. FCC Logistics is a licensed and bonded NVOCC located in the Los Angeles suburb of Rancho Dominguez. Commission staff had alleged that FCC Logistics violated the Shipping Act by knowingly and willfully obtaining transportation at less than applicable rates by means of improperly accessing service contracts to which it was not a party, and by misdescribing commodities and misdeclaring the names of shipper accounts under certain service contracts. Under the terms of the compromise, FCC Logistics paid a $70,000 fine.

The other penalized companies, which faced similar accusations, include Atlanta-based ABC Trucking; Tampa, Fla.-based Sea Central Shipping; Taiwan-based Orient Star Transport; and Eastern Car Liner, headquartered in Tokyo.

The penalties came out of investigations conducted by Commission representatives in Miami and Los Angeles, plus the FMC’s Washington DC headquarters staff.

All accused parties settled and agreed to penalties, but were not required to admit to violations of the Shipping Act or the Commission’s regulations.