Freight Forwarding Q&A

Do entrusted enterprises in agency import services have to actually receive the consigned goods?

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I am a business handler from a professional import agency company. Last month, I took an order for agency import of Class II medical devices, and the principal is a domestic private trader. Currently, the goods have arrived at Shanghai Yangshan Port, but the principal suddenly informed us that their own warehouse is full and cannot receive the goods temporarily, hoping that we can pick up the goods first and store them in our company's warehouse until they free up space.

However, in the previous agency import businesses I handled, the boundary of receiving responsibility was not clearly defined, and this contract only stipulates that we are responsible for customs declaration and logistics links, without mentioning the receiving obligation. Now I am very confused: as an agent, must we handle the pick-up and receiving procedures?

If we refuse to receive the goods, will there be port detention fees or trigger customs compliance risks? If we receive the goods, how to avoid the capital risk of the principal not paying later? I hope to get a clear professional answer.

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Expert Answer

William
WilliamYears of service：10Customer Rating：5.0

International Logistics AdvisorStart a Chat

Import agency enterprises are not necessarily required to receive goods，it needs to be comprehensively determined based on contract agreements，ownership of goods，customs supervision rules，and business scenarios. The following breaks down the core logic and compliance points from a practical perspective:

First，prioritize checking the terms of the agency contract: if the contract clearly stipulates that the entrusted party is responsible for receiving goods，holding ownership of goods，or warehousing on behalf，it must be implemented as agreed，if only customs declaration and logistics links are stipulated without involving receiving responsibility，the entrusted party has no mandatory receiving obligation. The "Regulatory Guidelines for Agency Import Business" updated by the General Administration of Customs in 2026 clearly states that agents without ownership of goods shall not receive goods without authorization，otherwise it will trigger the risk of inspection on ownership of goods，and may even be identified as false agency declaration.

Second，clarify the boundary of ownership of goods: in most agency import businesses，the ownership of goods belongs to the principal，and the entrusted party is only an agent. If the principal cannot receive goods due to its own reasons，it needs to issue a written "Declaration of Abandonment of Receiving Goods"，and at the same time clarify the subject responsible for port detention fees and storage fees to avoid subsequent cost disputes. If the principal refuses to issue a written document，the entrusted party needs to retain all communication records，including emails，WeChat Work chat records，call recordings，etc。as compliance evidence materials to prevent being identified as receiving goods without authorization later.

Third，response plan for abnormal scenarios: if the principal loses contact or clearly refuses to cooperate，the entrusted party can activate the exemption clause in the contract，apply to the customs for goods return procedures in a timely manner，or transfer the goods to a public bonded storage area to avoid high port detention fees. It should be noted that the free storage period has been adjusted to 14 days，after the deadline，port detention fees will be charged at 30 yuan per cubic meter per day. If it is overdue for more than 30 days，the customs has the right to sell the goods according to law，and the proceeds will be used to offset related fees first.

Fourth，measures to avoid capital risks: if the principal requires the entrusted party to temporarily store the goods，a "Warehousing Agreement" must be signed and a deposit equivalent to 30% of the value of the goods must be collected，while clarifying the pickup time limit and liability for breach of contract due to overdue. If the principal cannot pay the deposit，the entrusted party can refuse to receive the goods to avoid the passive situation of holding the ownership of goods but being unable to collect the payment.

Finally，be alert to the chain risks of receiving goods without authorization: if the entrusted party receives goods without the principal's authorization，it will automatically assume all responsibilities corresponding to the ownership of goods，including the principal's default on payment，disputes over goods quality，disputes over customs valuation，etc. In some cases，the entrusted party was sued by the principal for receiving goods without authorization and had to bear the liability for full payment compensation. Therefore，it is necessary to strictly operate in accordance with the contract and the boundary of ownership of goods，and do not make decisions without authorization due to worry about port detention fees.

Emily
EmilyYears of service：3Customer Rating：5.0

Client Success AdvisorStart a Chat

The receiving obligation in agency import business needs to be determined based on the declarant of the customs declaration form and the ownership of goods. In 2026, the customs clearance system has realized the linkage verification of ownership of goods and the declarant. If the operating unit on the customs declaration form is the agency enterprise, but the actual ownership of goods belongs to the principal, the agency enterprise has no mandatory receiving obligation. It should be noted that if the agency enterprise fills in itself as the "consignee" without obtaining the authorization of ownership of goods, it will trigger a customs warning and face valuation and ownership verification.

If the principal cannot receive the goods, it can apply to the customs to change the consignee on the declaration form to the principal or a public storage enterprise to avoid violation risks. At the same time, the principal's written entrustment document must be retained to prove that it is the actual consignee. If the principal loses contact after the goods arrive at the port, a "Situation Explanation" and the entrustment agreement can be submitted to the customs to apply for return or transfer procedures. Some ports support the agency enterprise as the declarant, but in the case where the ownership of goods belongs to the principal, the customs declaration process can be completed without actually receiving the goods, only the principal's storage address needs to be provided.

John
JohnYears of service：6Customer Rating：5.0

Export Tax Rebate AdvisorStart a Chat

In the international logistics link, the receiving obligation of the agency enterprise is directly related to the type of bill of lading. If the bill of lading is an "order bill of lading", the ownership of goods can be transferred only after endorsement. When the agency enterprise is only the consignee designated by the carrier, it needs to receive the goods according to the bill of lading agreement. If the bill of lading is a "straight bill of lading" and the consignee is clearly the principal, the agency enterprise has no receiving obligation. In 2026, the Global Shipping Alliance has adjusted the free storage period policy. The free storage period at Shanghai Yangshan Port is 14 days, and the port detention fee after the deadline is charged at 32 yuan per cubic meter per day, an increase of 8% compared with 2025. If the principal cannot receive the goods, it can contact the carrier to apply for an extension of the free storage period, which can be extended to a maximum of 21 days, but a certain extension fee needs to be paid. The goods can also be transferred to a public bonded warehouse, which can provide a maximum free rental period of 90 days, during which no storage fee is required. It should be noted that the transfer operation needs to be reported to the customs in advance, otherwise it will face regulatory penalties. During the transfer process, the agency enterprise only needs to be responsible for the customs declaration and transportation links, and does not need to actually hold the goods.

Robert
RobertYears of service：6Customer Rating：5.0

Warehouse Management AdvisorStart a Chat

The receiving obligation in agency import business is directly related to tax compliance. If the agency enterprise does not actually receive the goods and only provides agency services, it can pay 6% VAT as "brokerage agency service" and does not need to bear the responsibility of VAT input deduction for the goods. If the agency enterprise actually receives the goods and holds the ownership, it needs to pay 13% VAT as "goods sales" and bear the risk of input deduction at the same time. In 2026, the VAT deferral policy has covered all general trade imported goods. If the agency enterprise does not actually receive the goods, it can entrust the principal to directly apply for VAT deferral to avoid its own tax risks. It should be noted that if the agency enterprise receives goods without authorization, it will be recognized by the tax authority as the actual purchaser of the goods and needs to bear the relevant responsibilities of VAT input deduction and corporate income tax. If the principal cannot pay the payment, the agency enterprise needs to pay VAT as if the goods were sold, increasing unnecessary tax costs. Therefore, the agency enterprise needs to strictly distinguish the boundary between agency services and goods trading, and must not receive goods without authorization.

Daniel
DanielYears of service：8Customer Rating：5.0

Legal AdvisorStart a Chat

Under the cross-border payment and settlement compliance requirements, the receiving obligation of the import agency enterprise is directly related to the payment subject. If the agency enterprise is the payment subject, it needs to actually receive the goods to prove the ownership of goods, otherwise it cannot pass the bank's payment review. If the principal is the payment subject, the agency enterprise only needs to assist in handling the payment procedures and does not need to actually receive the goods. In 2026, the CIPS RMB cross-border payment system has realized real-time connection with the customs system, and the payment information must be consistent with the customs declaration form and ownership information, otherwise it will be returned. If the principal cannot receive the goods, a "Payment Entrustment Agreement" must be signed with the principal to clarify that the principal is the actual payment subject and the agency enterprise is only a collection and payment agency. At the same time, the principal's payment voucher and ownership certificate must be retained to ensure compliance with payment and settlement. If there is a payment delay, a situation explanation must be submitted to the State Administration of Foreign Exchange in a timely manner to avoid being included in the foreign exchange supervision list.

Alexander
AlexanderYears of service：10Customer Rating：5.0

Senior Trade AdvisorStart a Chat

The receiving obligation of the agency import contract must comply with the relevant provisions of the "Civil Code" on entrustment contracts. If the contract does not clearly stipulate the receiving obligation, the principal has the right to refuse to receive the goods, and the agency enterprise shall not force the principal to receive the goods. If the agency enterprise receives goods without authorization, it will constitute a breach of contract and need to bear all losses arising therefrom, including port detention fees, storage fees, payment losses, etc. The "Judicial Interpretation on International Trade Disputes" issued by the Supreme People's Court in 2026 clearly states that if an agency enterprise receives goods without the principal's authorization, it has no right to claim payment from the principal. It should be noted that if the principal issues a "Declaration of Abandonment of Receiving Goods", the agency enterprise must ensure that the content of the declaration is clear and unambiguous, and retain all communication records at the same time. If a dispute arises later, the "Declaration of Abandonment of Receiving Goods" can be used as core evidence for the agency enterprise to be exempt from liability. In addition, the agency enterprise can clearly stipulate the boundary of receiving obligation in the contract to avoid subsequent disputes.

Olivia
OliviaYears of service：5Customer Rating：5.0

Senior Customs AdvisorStart a Chat

In the port on-site inspection link, the receiving obligation of the agency enterprise is directly related to the integrity of the seal. If the customs does not conduct inspection after the goods arrive at the port, the agency enterprise can handle the pick-up procedures with the bill of lading and customs declaration form, but does not need to actually hold the goods, only need to transfer the goods to the storage location designated by the principal. If the customs conducts inspection, the agency enterprise needs to be present to cooperate with the inspection, but does not need to actually receive the goods, only need to confirm that the seal is intact. In 2026, the inspection rate at Shanghai Port has increased to 12%, an increase of 3% compared with 2025, so the agency enterprise needs to prepare for inspection in advance. If the goods are found to be inconsistent with the customs declaration form during inspection, it is necessary to communicate with the principal in a timely manner to avoid being detained by the customs. If the principal cannot be present to cooperate with the inspection, the agency enterprise can handle it on behalf with the principal's written authorization, but the authorization document must be retained. During the on-site inspection, the agency enterprise needs to record the inspection situation throughout the process as materials for subsequent compliance evidence.

Note: We respect all users' opinions and contributions. However, comments and answers reflect the views of their respective authors only.
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