Only 2 duly FMC Licensed NVOCCs can co-load with each other (a FMC Licensed Freight Forwarder cannot co-load with any NVOCC). 

First, the 2 NVOCC parties have to establish a written document to this effect, called a so-called "Confidential Co-Loading Agreement". The agreement has to name the two parties and the commodity(ies), Port of Loading/Port of Discharge (including point of origin/point of final destination, if intermodal shipment is undertaken) and the rate(s) for Less Than Load (LTL) or containerized cargo, as agreed upon between the two NVOCCs, and the duration of the agreement. This document to be issued in 2 originals, so both NVOCC parties keep one, in case the FMC requests to review it in connection with a FMC audit. The document shall not be filed with the FMC, however, each NVOCC shall verify with the Website of the FMC that the parties are included in the NVOCC listing, which confirms that the parties have a tariff filed and their bond is valid. Such verification should take place prior to acceptance of any co-loading cargo from a carrying NVOCC, as the bond of the other NVOCC might expire or the tariff might have been revoked by the FMC at any given time. 

Also, each NVOCC shall file in rule 14 "Co-Loading in Foreign Commerce" of their tariff the FMC License No. and full legal name of the other NVOCC with whom a Co-Loading agreement exists, which will give notice to the FMC, that a co-loading agreement exist between the 2 parties. Should the Co-Loading Agreement expire or be revoked by either NVOCC party, both parties should remove the FMC No./Name of the Co-Loading party from rule 14 in its tariff. To file such Co-Loading information to Lalandia, Inc. for publishing in your rule 14, please click here.

The carrying NVOCC shall accept shipments for transportation from the tendering NVOCC for co-loading subject to the following conditions: 

• Tendering NVOCC shall issue its own Bill of Lading for each shipment to cover its relationship with its Shipper and file the corresponding tariff rate in its FMC tariff.

• Tendering NVOCC shall furnish the carrying NVOCC with a manifest which shall include the descriptions of the individual commodities with their respective weights, measurements, markings, and piece counts. Commodity descriptions like Freight All Kinds (F.A.K.) and General Department Store Merchandize (GDSM) are not acceptable.

• Freight Forwarder Compensation shall not be paid for commodities shipped under co-loading.

• Tendering NVOCC shall furnish receiving NVOCC with documented proof of compliance with Title 46 CFR Part 83 (FMC Rules & Regulations) in form of a copy of the Title Page of the FMC Tariff and a copy of Rule 24 Bonds & Agents of the FMC Tariff.

• The carrying NVOCC shall still have the obligation to verify such proof with look-up via the Website of the FMC, as stated above.

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