[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19134]


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FEDERAL MARITIME COMMISSION

[Docket No. 17-08]


Carlstar Group LLC F/K/A Carlisle Transportation Products, Inc. 
and CTP Transportation Products, LLC v. UTi, United States, Inc.; UTi 
United States, LLC; and DSV Air & Sea, Inc.; Notice of Filing of 
Complaint and Assignment

    Notice is given that a complaint has been filed with the Federal 
Maritime Commission (Commission or FMC) by Carlstar Group LLC f/k/a 
Carlisle Transportation Products, Inc. and CTP Transportation Products, 
LLC, hereinafter ``Complainant,'' against UTi, United States, Inc.; UTi 
United States, LLC; and DSV Air & Sea, Inc., hereinafter 
``Respondents.'' Complainant states it is a Tennessee corporation and 
``. . . is an industry leader of specialty tires and wheels for various 
markets, including agriculture, construction, ATV, high-speed trailer, 
and lawn and garden.'' Complainant alleges that Respondent UTi, United 
States, Inc., is a FMC licensed ``. . . non-vessel [operating] common 
carrier (``NVOCC'') [that is] organized under the laws of the State of 
New York.'' Complainant also states that Respondent DSV Air & Sea, Inc. 
is a New Jersey headquartered freight forwarder, that ``. . . is a 
successor-in-interest to UTi, United States, Inc. . . . [and] provides 
transport and logistics services, including warehousing, distribution, 
packing, and loading.'' Complainant also states that Respondent UTi 
United States, LLC ``. . . is a successor-in-interest to UTi, United 
States, Inc, is a subsidiary of DSV Air & Sea, Inc. and is registered 
as a Delaware company.''
    Complainant alleges that all parties ``. . . executed an agreement 
dated June 1, 2011 . . . [in order] for UTi to provide [Complainant] 
`world-class ocean freight negotiation and management services' 
including, but not limited to, `freight forwarding, brokerage, contract 
logistics and consulting services' . . .'' Complainant alleges that 
during the life of the agreement, it was overcharged by Respondent and 
has incurred damages ``in the amount of at least $5,155,170.06'' in 
violation of the Shipping Act, in particular:
    1. ``. . . 46 U.S.C. 41102(c) by failing to establish, observe, and 
enforce just and reasonable regulations and practices relating to or 
connected with receiving, handling, storing, or delivering property'';
    2. ``. . . 46 U.S.C. 41104(2) by charging rates greater than the 
published tariff and/or the Agreements''; and
    3. ``. . . 46 U.S.C. 41102(4) by charging unfair and potentially 
discriminatory fees.''
    Complainant seeks ``. . . an order be entered commanding 
Respondents to pay Carlstar reparations for violations of the Shipping 
Act . . .'' and other relief. The full text of the complaint can be 
found in the Commission's Electronic Reading Room at www.fmc.gov/17-08/.
    This proceeding has been assigned to the Office of Administrative 
Law Judges. The initial decision of the presiding officer in this 
proceeding shall be issued by September 5, 2018, and the final decision 
of the Commission shall be issued by March 19, 2019.

Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-19134 Filed 9-8-17; 8:45 am]
 BILLING CODE 6731-AA-P