FMC Issues Preliminary Ruling For Shipping Act Violations

FMC Administrative Law Judge (ALJ) Dolan issued a preliminary decision finding that the Bureau of Enforcement had sustained its burden of proof and shown, by a preponderance of the evidence, that a carrier violated various sections of the Shipping Act of 1984 by, among other things, charging shippers, in certain instances, rates on cargo in 20-foot containers when the cargo was moved in 40-foot containers. The proceeding was bifurcated. It will now proceed to the penalty phase. Source: HK Law