Decision 38059
Served (printed as 12/19/2007) · Decision · Entire Board
DECISION DENIED A PETITION FOR DECLARATORY ORDER FILED BY HORIZON LINES, LLC, SEEKING A DETERMINATION THAT CERTAIN MOVEMENTS OF SUNMAR SHIPPING, INC. AND AMERICAN SEAFOODS COMPANY LLC, BETWEEN ALASKA AND BOSTON, ON A THROUGH BILL OF LADING VIA BOTH FOREIGN-FLAG VESSELS AND CANADIAN RAIL LINES, ARE 'SHAM MOVEMENTS' DESIGNED TO CIRCUMVENT 46 U.S.C. 883 (JONES ACT) BECAUSE THEY DO NOT MEET THE REASONABLENESS STANDARD OF 49 U.S.C. 13701 AND ARE NOT THROUGH ROUTES RECOGNIZED BY THE BOARD.
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