Who Should Execute Import & Export Agency Services? Clarify These Core Responsibility Division Points in Advance

At the end of last year,I met Mr.Lan from Suzhou,who exports hardware tools to the EU.He previously signed an agreement with an agency that only covered basic customs clearance services,with no clear division of responsibilities for tax refunds and anti-dumping verification.Later,his shipment was selected for EU anti-dumping inspection,and the agency claimed this was outside their service scope.He spent 120,000 yuan to supplement documents and delayed his tax refund by 3 months,resulting in far greater losses than expected.I encounter 3-4 such cases every month,and the core reason is that the responsibility agreements for import & export agency services in the early stages are too vague.Many enterprises think signing a simple framework agreement is sufficient,only to regret it after encountering problems.

Core Responsibility Division Standards for Import & Export Agency Agreements

Many enterprises cannot distinguish the responsibility boundaries between the entrusting party,agency,and third-party service providers,and confuse them when signing agreements,leading to mutual buck-passing when problems arise.I have compiled a three-party responsibility division table in line with the latest regulatory requirements of 2026,which can be referred to before signing an agreement:

4 Core Clauses That Must Be Included in the Agreement

Many agency template agreements are biased towards their own interests with many blank clauses.The following 4 types of clauses must be clearly included in the agreement; do not sign otherwise:

• HS Code Classification and Declaration Consistency Clause: In 2026,customs has added requirements for declaration element traceability.It must be agreed that the agency is responsible for HS code pre-classification and verifying the consistency between declaration elements (brand,model,material,specification) and the actual goods.If cargo detention or penalties occur due to classification errors,the agency shall bear the corresponding losses.I previously met Manager Lu from Hangzhou whose previous agreement did not include this clause.A classification error led to an additional 40,000 yuan in customs duties,which he had to bear himself.
• Destination Country Customs Clearance and Anti-Dumping Early Warning Clause: In 2026,the EU and the US updated anti-dumping rates for 5 categories of general cargo respectively,and RCEP member states adjusted the verification standards for certificates of origin for 12 categories of goods.It must be agreed that the agency shall push the latest tariff and anti-dumping policy warnings for the destination 15 days in advance,and be responsible for reviewing customs clearance documents such as certificates of origin and CO.If additional tariffs or demurrage fees occur due to delayed policy warnings,the agency shall bear the costs.
• Foreign Exchange Settlement and Exchange Loss Prevention Clause: In 2026,the two-way fluctuation range of the RMB exchange rate has increased,with a maximum daily fluctuation of 0.8%.It must be agreed that the agency is responsible for foreign exchange collection verification and settlement timing reminders,with exchange locking service being optional.If the exchange loss exceeds 0.3% due to the agency’s failure to remind the settlement timing promptly,the agency shall bear the excess part.
• Export Tax Refund and Abnormal Situation Handling Clause: It shall be agreed that the agency is responsible for collecting and submitting tax refund documents,and the tax refund shall be credited within 20 working days after declaration.If tax refund failure or late fees occur due to incorrect document submission by the agency,the agency shall bear the responsibilities.

Practical Tips to Avoid Pitfalls

I have been in this industry for over 20 years,and there are two details that many enterprises overlook when signing agreements: First,the bill of lading exchange fee trap.Many small agencies do not specify the fee standard in their agreements and charge exorbitantly after the cargo arrives at the port.A fee that should be 1,000 yuan can be charged up to 3,000 yuan or more.All our agreements list all fee details in the attachment,with no hidden charges.Second,the issue of remote port declaration.Many enterprises think they can only work with local agencies,but our Shanghai headquarters can coordinate with all ports across the country for remote declaration.For example,for cargo at Yantian Port in Shenzhen or Tianjin Xingang,our headquarters uniformly reviews documents,and the local coordination team cooperates with inspections,with efficiency about 15% higher than local agencies,because we have unified risk control standards and avoid inconsistent operation standards across different regions.

In February 2026,Mr.Yi from Ningbo exported mechanical and electrical equipment to Thailand.His previous agency failed to endorse the RCEP certificate of origin,resulting in his inability to enjoy zero tariff upon arrival at the port and an additional payment of over 80,000 yuan in customs duties.After we took over,we first sorted out his export data from the past six months,supplemented the certificate of origin endorsement meeting Thai customs requirements,and coordinated with our cooperative agency in Thailand to submit a tax refund application.He received the tariff refund in April,and the subsequent three shipments all enjoyed zero tariffs,saving a total of 220,000 yuan in costs.Our Shanghai headquarters has a cooperative agency network covering 120 countries worldwide,including major trading nations in RCEP,the EU,and North America.We can obtain the latest local regulatory policies in real time,with early warning efficiency 3 days faster than the industry average.

Risk Warning

There are two compliance red lines that must never be crossed: First,never sign a vague "tax-inclusive and customs clearance-inclusive" agreement.In 2026,customs will strictly crack down on under-declaration and false declaration.Once investigated,the entrusting party will also bear joint liability.All our agreements clearly state that the declared cargo value must be consistent with the actual value,and we reject any non-compliant requests.Second,ownership risk.Many agencies mix the ownership of multiple shipments.If the agency encounters financial problems,your cargo may be implicated.Our agreements clearly stipulate that the ownership of the cargo shall always belong to the entrusting party,and we will not use clients’ cargo for any mortgage or financing.

If your products involve special categories such as hazardous chemicals or mechanical and electrical equipment,you need to add corresponding special clauses.For example,for hazardous chemicals,the responsibility for MSDS and hazard label review must be agreed; for mechanical and electrical equipment,the responsibility for inspection by the Entry-Exit Inspection and Quarantine Bureau and document handling by the mechanical and electrical authority must be agreed.These can be customized according to your actual business situation to avoid future pitfalls.