In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4213

ORDER OF DISMISSAL: After having considered the Stipulation and Request by Petrobras America Inc. for Dismissal, the Court hereby ORDERS, ADJUDGES, AND DECREES that Plaintiff Commonwealth of Puerto Rico's claims against Petrobras America Inc. are hereby DISMISSED, subject to any appeal of the July 16, 2013 Opinion and Order and/or the December 30, 2013 Opinion and Order referenced in the Stipulation as well as this Order. If the Court's July 16, 2013 Opinion and Order, December 30, 2013 Opinion and Order, and this Order are affirmed on appeal, or become final because an appeal is not filed, the dismissal of the above claims against PAI shall be with prejudice. Each side shall bear its own costs. IT IS SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/21/2015) (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C, # 5 Exhibit D)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(ajs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE: METHYL TERTIARY BUTYL
ETHER ("MTBE") PRODUCTS
LIABILITY LITIGATION

Master File No. 1:00-1898
MDL 1358 (SAS)
M21-88
DECLARATION OF

This document relates to:

Commonwealth of Puerto Rico, et al.
v.
Shell Oil Co., et al.,
Case No. 07-CIV-10470 (SAS)

Matthew Anderson

I, Matthew Anderson, declare and state:
1.

I am over the age of 21. I have not been convicted of any crimes and I am

competent to make this declaration. I have personal knowledge of the facts and matters set forth
in this Declaration and they are all true and correct.
2.

I am the Chief Operating Officer with Charter Brokerage LLC ("Charter"), a

position I have held since 2012. Charter is a leading global trade services company providing
complete customs, import, export, drawback, and related services to importers and exporters in
the United States of America. Since 2000, we have provided customs related services to
Petrobras America Inc. ("P AI").
3.

Among the services we have provided to P AI is completing and filing necessary

United States Customs and Border Protection ("CBP") forms related to the importation of
petroleum products to the Commonwealth of Puerto Rico. Among the forms that have to be filed
in connection with the importation of petroleum products to the Commonwealth of Puerto Rico
is CBP (formerly CF) Form 7501. A true and correct copy of an unexecuted current version of
that form is attached as Exhibit A. The form requires, among other data, an identification of the
Page 1
Declaration of Matthew D. Anderson
506560 000036 9803409.1

EXHIBIT C

importer of record, which is the entity that is the owner or consignee of the imported cargo
described in that form, within the United States or Puerto Rico,. Charter caused Form 7501s to
be filed on behalf of PAI in connection with petroleum products entering Puerto Rico between
2002 and 2005.
4.

Material information from the CF 7501s Charter files on behalf of clients,

including PAI, is recorded and maintained by Charter. That information is normally recorded at
or near the time that the Form 7501 is completed and filed with Customs, and such information is
kept in the regular course of Charter's business. Attached as Exhibit B is that portion of the
recorded material Charter maintains describing Form 7501 information filed on behalf of PAI
between November of2002 and May of2005 for unleaded motor gasoline entering Puerto Rico
in which PAI was identified as the importer of record.
5.

Exhibit B is a representation of the information from Form 7501s filed with CBP

on behalf of PAI. For example, line 11 of Exhibit B describing the entry into Puerto Rico on
March 12, 2004, of228,086 barrels of gasoline transported on the vessel Bene captures material
data fields from the Form 750 1. On the bills of lading for that transaction, which are Attached as
Exhibit C, the shipper is identified as Petrobras America Inc.

I declare under penalty of perjury that the foregoing is true and correct.
Executed on

7

April 22, 20 15

~==---(Signature ofDeclarant)

Mathew D. Anderson
(Printed Name of Declarant)
Chief Operating Officer
(Title ofDeclarant)
Page2
Declaration of Matthew D. Anderson
506560 000036 9803409.1

A

DEPARTMENT OF HOMELAND SECURITY

1. Filer Code/Entry No.

Form Approved OMB No. 1651-0022
EXP 08-31-2014
2. Entry Type
3. Summary Date

U.S. Customs and Border Protection
4. Surety No.,5. Bond Type 6. Port Code

ENTRY SUMMARY

7. Entry Date

8. Importing Carrier

9. Mode of Transport

10. Country of Origin

11. Import Date

12. B/L or AWB No.

13. Manufacturer ID

14. Exporting Country

15. Export Date

16.1.T. No.

21. Location of Goods/G.O. No.

122. Consignee No.

25. Ultimate Consignee Name and Address

City

Zip

30.

A. HTSUS No.

A. Grossweight

B. ADA/CVD No.

B. Manifest Qty.

Other Fee Summary for Block 39

State
32.

31.
Net Quantity in
HTSUS Units

35. Total Entered Value

A. Entered Value
B. CHGS
C. Relationship

33.
A. HTSUS Rate
B. ADA/CVD Rate
C.IRC Rate
D. Visa No.

Zip
34.
Duty and I.R. Tax
Dollars

CBP USE ONLY

$
36. DECLARATION OF IMPORTER OF RECORD (OWNER
OR PURCHASER) OR AUTHORIZED AGENT

0

B. Ascertained Duty

37. Duty

REASON CODE

$

Cents

TOTALS

A. LIQ CODE

Total Other Fees

I declare that I am the

24. Reference No.

City

28. Description of Merchandise
29.

Line
No.

20. U.S. Port of Unlading

26. Importer of Record Name and Address

State

27.

19. Foreign Port of Lading
23. Importer No.

118. Missing Docs

117.1.T. Date

C. Ascertained Tax

38.Tax

D. Ascertained Other

39. Other

Importer of record and that the actual owner,
E. Ascertained Total
40. Total
purchaser, or consignee for CBP purposes is as shown above, OR
owner
or purchaser or agent thereof. I further declare that the merchandise
was obtained pursuant to a purchase or agreement to purchase and that the
prices set forth in the invoices are true, OR
was not obtained pursuant to a purchase or agreement to purchase and the statements in the invoices as
to value or price are true to the best of my knowledge and belief. I also declare that the statements in the documents herein filed fully disclose to the best
of my knowledge and belief the true prices, values, quantities, rebates, drawbacks, fees, commissions, and royalties and are true and correct, and that all
goods or services provided to the seller of the merchandise either free or at reduced cost are fully disclosed.
I will immediately furnish to the appropriate CBP officer any Information showing a different statement of facts.

0
0

0

41. DECLARANT NAME

TITLE

42. Broker/Filer Information (Name, address, phone number)

SIGNATURE

DATE

43. Broker/Importer File No.

CBP Form 7501 (06/09)

DEPARTMENT OF HOMELAND SECURITY ENTRY SUMMARY CONTINUATION SHEET

U.S. Customs and Border Protection

29.
A. HTSUS No.
B. ADAICVD No.

30.
A. Grossweight
B. Manifest Qty.

I

32.

28. Description of Merchandise

27.

Line
No.

11· Filer Code/Entry No.

31.
Net Quantity in
HTSUS Units

OMB No. 1651-0022
EXP. 08-31-2014

A. Entered Value
B. CHGS
C. Relationship

33.
A. HTSUS Rate
B. ADAICVD Rate
C.IRC Rate
D. Visa No.

34.
Duty and I.R. Tax
Dollars

Cents

CBP Form 7501 (06/09)

B

C

&.. 'tatia Terminals, .N.V.~-- .·

Non-N.egotiable
Copy

T"ANKER BILL OF LADIN~

PARCEL1

SCAC CODE: BROD I 35909031

Shipped in apparent good order and condition by:

PETROBRAS AMERICA INC.
(Shipper)

on board the

CROATIAN

MIV

BENE

whereof:

4,156,866
11,565.98
15,724.830
11,752.054

Net U.S. Gallons at 60° F
UNLEADED
Net Long Tons
GASOLINE
Cubic Meters at 15° c
Net Metric Tons
the stated weight, quantity, quality, measurement, grade, nature, value and condition of the
cargo being unknown to the vessel and to the Master, Is to be delivered in like good order
and condition at the port of:

SAN JUAN, PUERTO RICO
( Dlochurgo po~)

or so near thereto as the vessel can safely get, always afloat unto:

THE ORDER OF

ASTRA OIL
I Conslgnect)

or order, on payment of freight, or as per charter party dated

As Per Charter Party
( C/P D•l•l

between

As Per Charter Party

All the terms

Charurrer ami owner

whatsoever of the said Charter except the rate and payment of freight specified th~rein apply
to and govern the rights of the parties concerned in this shipment.
If this Bill of Lading is a document of title to Vl'hich the Carriage of Goods by Sea Act of the United
States, approved April 16, 1936, or similar legislation giving statutory effect to the International
Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels of August 25,
1924, applies by reason of the port of loading or discharging being In territory in which the said Act or
other similar legislation Is In force, this Bill of Lading shall have effect subject to the provisions of the
said Act or other similar legislation, as the case· may be, which shall be deemed Incorporated herein,
and nothing herein contained shall be deemed a surrender by the carrier of any of "its rights or
immunities or an increase of any of its responsibilities or liabilities under said Act or other similar
legislation, If any term of this Bill of Lading is repugnant to the said Act or other similar legislation as
so incorporated, such terms shall be void to that extent but no further.

In witness whereof, the Master, or his Agent, has signed
.

Three (3)
(Nuntb•r Of Original BIU(a) 01 Lading)

Original Bill(s) of Lading, all of this tenor and date, drawn as one set and consecutively
numbered, any one of which being accomplished, all others being void.

1.
2.

Received on board I Clean on board
Freight payable as per charter party
"All ter~s, conditions _and exceptions including
the arbitration clause of the charter party are
incorporated herein."
·
If one original Bill of Lading is placed on board,
delivery of cargo may properly be made on
instructions received from the charterers.

St. Eustatius, Netherlands Antilles
MARCH 09,

2004

PAI/PR 000426
CONFIDENTIAL (per 2004 MDL 1358 Order)

('·~tatia Terminals,

.N.V.(_

NONNEG011ABLE
COPY

TANKER BILL OF LADING

PARCEL2

SCAC CODE; BROD /35911032

Shipped in apparent good order and condition by:

PETROBRAS AMERICA INC.
I Shipper)

on board the

CROATIAN

MIV

BENE

t Flog I

I Typo)

( Vausul'• N•m•l

whereof:

PETAR BUSURELO

is Master, at the port of

{ Mou,tor'a F1111 Nnma)

St. Eustatius,

Netherl~nds

Antilles; a quantity said to be:

Cargo Description

QUANTITY

UNLEADED
GASOLINE
the stated weight, quantity, quality,

m~asurement,

129,908
5,456,136
15,005.67
20,639.783
15,247.302
grade, nature,

Net U.S. Barrels at 60° F
Net U.S. Gallons at 60° F
Net Long Tons
Cubic Meters at 15° C
Net Metric Tons
value and condition of the

cargo being unknown to the vessel and to the Master, is to be delivered in like good order
and condition at the port of:

SAN JUAN, PUERTO RICO
( Olscharoe Part>

or so near thereto as the vessel can safely get, always afloat unto:

THE ORDER OF

ASTRA OIL
( Conslonce J

As Per Charter .Party

or order, on payment of freight, or as per charter party dated

I C/PDolo)

between

All the terms

As Per Charter Party
Chanorer anti OWtter

whatsoever of the said Charter except the rate and payment of freight specified the.rein apply
to and govern the rights of the parties concerned In this shipment.
If this Bill of Lading is a document of title to which the Carriage of Goods by Sea Act of the United
States, approved April 16, 1936, or similar legislation giving statutory effect to the International
Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels of August 25,
1924, applies by reason of the port of loading or discharging being In territory In which the said Act or
other similar legislation is in force, this Bill of Lading shall have effect subject to the provisions of the
said Act or other similar legislation, as the case may be, which shall be deemeq Incorporated herein,
and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or
Immunities or an Increase of any of Its responsibilities or liabilities under said Act or other similar
legislation. If any term of this Bill of Lading is repugnant to the said Act or other similar legislation as
so Incorporated, such terms shall be void to that extent but no further.

In witness whereof, the Master; or his Agent, has signed

Three 3)
(Numb or 01 Orfgll\01 Blllls Ol Ll>dlng)

Original Bill(s) of Lading, all of this tenor and date, drawn as one set and consecutively
numbered, any one of which being accomplished, all others being void.

1.
2.

. Received on board I Clean on board
Freight payable as per charter party
"All terms, conditions and exceptiqns including
the arbitration clause of the charter party are
incorporated herein."
If one original Bill of Lading is placed on board,
delivery of cargo may prope'rly be made on
instructions received from the charterers.

St. Eustatius, Netherlands Antilles
MARCH 11TH I 2004

-....

PAI/PR 000425
CONFIDENTIAL (per 2004 MDL 1358 Order)

(,. Statia Terminals, N.V.:·.
PARCEL 3

NONNEGOTIABLE

COPY

TANKER BILL OF LADING
SCAC CODE: BROD /35912033

Shipped in apparent good order and condition by:

PETROBRAS AMERICA INC.
1ShlpporJ

on board the

CROATIAN

M/V

BENE

(Fino)

(Type)

( Vosul'; Namt)

whereof:

PETAR BUSURELO

is Master, at the port of

'Maslor"s Full Nama ,

St. Eustatius, Netherlands Antilles; a quantity said to be:

Cargo Description

QUANTITY

7,991
335,622
MTBE
929,91
1,269.610
944.856
the stated weight, quantity, quality, measurement, grade, nature,

Net U.S. Barrels at 60° F
Net U.S. Gallons at 60° F
Net Long Tons
Cubic Meters at 15° C
Net Metric Tons
value and condition of the

cargo being unknown to the vessel and to the Master, is to be delivered in like good order
and condition at the port of:

SAN JUAN, PUERTO RICO
t Dlscharue Pol1 )

or so near thereto as the vessel can safely get, always afloat unto:

THE ORDER OF

ASTRA OIL
( CanclgntG)

or order, on payment of freight, or as per charter party dated
between

As Per Charter Party

----~~~~~~a~PD~.I~o)~~~~----

As Per Charter Party

All the terms

Cl1Dr1arr:t and OWI\IIT

whatsoever of the said Charter except the rate and payment of freight specified therein apply
to and govern the rights of the parties concerned in this shipment.
If this Bill of Lading Is a document of title to which the Carriage of Goods by Sea Act of the United
States, approved April 16, 1936, or similar legislation giving statutory effect to the International
Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels of August 25,
1924, applies by reason of the port of loading or discharging being in territory in which the said Act or
other similar legislation is in force, this Bill of Lading shall have effect subject to the provisions of the
said Act or other similar legislation, as the case may be, which shall be deemed Incorporated herein,
and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or
immunities or an increase of any of its responsibilities or liabilities under said Act or other similar
legislation. If any term of this Bill of Lading is repugnant to the said Act or other similar legislation as
so incorporated, such terms shall be void to that extent but no further.

In witness whereof, the Master, or his Agent, has signed
'

Three (3)

(NIIIlll>orOr Orlgln•l Bll~sJ orLodlng)

Original Bill{s) of Lading, all of this tenor and date, drawn as one set and consecutively
numbered, any one of which being accomplished, all others being void.

1.
2.

Received on board I Clean on board
Freight payable as per charter party
"All terms, conditions and exceptions including
the arbitration clause of the charter party are
incorporated herein."
If one original Bill of Lading is placed on board,
delivery of cargo may properly be made on
instructions received from the charterers.

St. Eustatius, Netherlands Antilles
M :.QH 12TH, 2004

PAI/PR 000424
CONFIDENTIAL (per 2004 MDL 1358 Order)