Customs Clearance Q&A

Can import and export consignees entrust third parties to handle customs clearance and cargo pick-up procedures?

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I am the owner of a newly launched import e-commerce business. I recently purchased a batch of beauty products from Europe. Since my company has not obtained import and export operation rights yet, I plan to entrust a freight forwarding company as the consignee agent.

However, I heard that if the agent has unqualified qualifications, the goods will be detained by customs, and the cargo ownership may be controlled by the agent, which makes me very worried. I want to know whether it is allowed to entrust an agent, and what specific details need attention, such as what qualifications the agent should have, how to protect cargo ownership, and whether there will be tax risks?

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Expert Answer

Olivia
OliviaYears of service：5Customer Rating：5.0

Senior Customs AdvisorStart a Chat

Import and export consignees can entrust agents，but they must follow the full-chain compliance process. First，it is necessary to confirm that the agent has the qualification of a customs declaration enterprise registered with the customs (such as the Customs Declaration Entity Registration Certificate)，and its business scope includes "import and export goods consignor and consignee agency".

Attention should be paid to the connection of core nodes: the agent shall declare to the customs in the name of the entrusting party，and submit the entrustment agreement，the agent's qualification certificate and relevant cargo documents (such as bill of lading，invoice，packing list). In terms of exception response plans，in case of customs inspection，the agent shall communicate with the entrusting party in time and provide authentic documents to cooperate with the inspection，so as to avoid port detention caused by inconsistent information.

The final compliance implementation shall ensure that: the entrustment agreement clarifies the ownership of the goods (the entrusting party is the actual cargo owner)，and the agent is only responsible for operation，complete the filing of the "Customs Declaration Entrustment Letter" with the customs simultaneously，and keep all documents for at least 3 years. Special attention: The agent shall not dispose of the goods without authorization，otherwise the entrusting party can claim compensation through legal channels.

Alexander
AlexanderYears of service：10Customer Rating：5.0

Senior Trade AdvisorStart a Chat

From the perspective of customs policies, consignee agents need to meet the "double filing" requirement: the agent shall be filed as a customs declaration enterprise with the customs, and the entrusting party shall sign the "Customs Declaration Entrustment Letter" with the agent and file it in the customs system. If the agent is not filed or the entrustment letter is not submitted, the customs will deem that the declaration subject is inconsistent, and directly return the declaration form or detain the goods.

In the price review process, the agent shall truthfully declare the cargo value. If the agent makes a false declaration leading to price review disputes, the entrusting party shall bear joint and several liability. It is recommended that the entrusting party clarify the ownership of price review responsibilities in the agreement to avoid later disputes.

Sarah
SarahYears of service：3Customer Rating：5.0

Foreign Exchange AdvisorStart a Chat

In the logistics link, the consignee agent shall control the circulation of cargo ownership. The bill of lading shall indicate "TO ORDER OF the entrusting party", and the agent only holds the copy of the bill of lading as the operator and has no right to dispose of the cargo ownership.

If sea transportation is selected, it is necessary to confirm whether the agent has NVOCC qualification to avoid out-of-control cargo ownership caused by bill of lading problems. In terms of container detention fee, the agreement shall clarify the party bearing the container detention fee: if the container detention is caused by the agent's delayed operation, the fee shall be borne by the agent; if it is caused by the entrusting party's document delay, it shall be borne by the entrusting party.

John
JohnYears of service：6Customer Rating：5.0

Export Tax Rebate AdvisorStart a Chat

At the tax level, under the consignee agency mode, the import value-added tax deduction shall be declared in the name of the entrusting party. The agent shall deliver the original customs value-added tax special payment receipt to the entrusting party, and the entrusting party can deduct the input tax with it.

If the agent declares in its own name, the entrusting party cannot deduct the tax and needs to bear additional tax burden. It is recommended that the entrusting party stipulate in the agreement that "the tax shall be borne by the entrusting party, and the payment receipt shall be directly delivered to the entrusting party" to avoid tax losses.

David
DavidYears of service：3Customer Rating：5.0

Business Development AdvisorStart a Chat

In the foreign exchange receipt and payment link, under the consignee agency mode, the foreign exchange shall be paid directly by the entrusting party to the overseas seller, and the agent shall not collect or pay on behalf of others.

If the agent participates in foreign exchange receipt and payment, it shall ensure that it complies with the principle of "who imports, who pays foreign exchange" of the State Administration of Foreign Exchange, otherwise it may be listed as an enterprise with abnormal foreign exchange status. It is recommended that the entrusting party pay foreign exchange through its own account and keep the payment voucher for inspection by the foreign exchange administration authority.

William
WilliamYears of service：10Customer Rating：5.0

International Logistics AdvisorStart a Chat

At the legal level, the entrustment agreement shall clarify the agency authority: the agent is only responsible for customs clearance, cargo pick-up and other operations, and shall not dispose of the cargo ownership.

The agreement shall include the cargo ownership clause ("the ownership of the goods belongs to the entrusting party, and the agent has no right of disposal") and the liability for breach of contract (for example, the agent shall compensate for all losses if it disposes of the goods without authorization). In addition, force majeure clauses shall be agreed, such as how to divide the responsibilities of both parties if the operation is delayed due to changes in customs policies.

Emily
EmilyYears of service：3Customer Rating：5.0

Client Success AdvisorStart a Chat

During on-site inspection, the agent shall carry the original copy of the entrusting party's authorization letter and all documents (bill of lading, invoice, packing list, certificate of origin, etc.). If the customs requires to verify the cargo owner's information, the agent shall present the entrustment agreement to prove the entrustment relationship.

During the unpacking inspection, the agent shall cooperate with the customs to unpack the goods. If the goods are found to be inconsistent with the documents, the agent shall timely notify the entrusting party to adjust the declaration content to avoid fines caused by false declaration.

Sophia
SophiaYears of service：7Customer Rating：5.0

Senior Customs AdvisorStart a Chat

For export business, under the consignee agency mode, the export tax refund shall be declared in the name of the entrusting party. The agent shall assist the entrusting party in collecting tax refund documents (such as customs declaration form, foreign exchange receipt voucher, value-added tax invoice) to ensure "four flows consistency" (cargo flow, capital flow, document flow, invoice flow).

If the agent provides false documents, the entrusting party will face the risk of failing the tax refund review or being recovered the tax refund. It is recommended that the entrusting party regularly verify the authenticity of the documents provided by the agent.

Daniel
DanielYears of service：8Customer Rating：5.0

Legal AdvisorStart a Chat

At the supply chain level, the consignee agency mode is suitable for start-ups or enterprises without import and export operation rights. However, in the long run, it is recommended that enterprises apply for import and export operation rights by themselves to reduce the cost of intermediate links.

If an agent is selected, it is necessary to evaluate the agent's service network (such as whether it covers the target port), operation efficiency (such as customs clearance time) and cost (such as agency fee, container detention fee, etc.). It is recommended to sign a long-term agreement with the agent to lock the service price and avoid cost fluctuations.

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