In the business of export by agency, the bearing entity of the customs declaration fees is usually clearly stipulated in the agency agreement by the consignor and the agency. In terms of industry practice, in many cases, it is the consignor who bears the customs declaration fees. This is because the consignor is the owner of the goods and the direct beneficiary of the export business, and the customs declaration fees are part of the cost of the export business. However, if the agency promises to bear the fees in the agency agreement, or if both parties negotiate that the agency will bear the fees, then it shall be implemented according to the agreement.
From a legal perspective, there is no mandatory regulation on which party must bear the customs declaration fees. It follows the principle of autonomy of will and is subject to the contract stipulation signed by both parties. Therefore, you should first check the export by agency agreement signed with the agency company to see if there are any clear clauses regarding the bearing of the customs declaration fees. If not, it is recommended that both parties re-negotiate and determine the bearing party of the customs declaration fees in writing to avoid subsequent disputes.
Professional consultant answers
Joseph ZhouYears of service:10Customer Rating:5.0
Senior foreign trade managerConsult
In the business of export by agency, the bearing entity of the customs declaration fees is usually clearly stipulated in the agency agreement by the consignor and the agency. In terms of industry practice, in many cases, it is the consignor who bears the customs declaration fees. This is because the consignor is the owner of the goods and the direct beneficiary of the export business, and the customs declaration fees are part of the cost of the export business. However, if the agency promises to bear the fees in the agency agreement, or if both parties negotiate that the agency will bear the fees, then it shall be implemented according to the agreement.
From a legal perspective, there is no mandatory regulation on which party must bear the customs declaration fees. It follows the principle of autonomy of will and is subject to the contract stipulation signed by both parties. Therefore, you should first check the export by agency agreement signed with the agency company to see if there are any clear clauses regarding the bearing of the customs declaration fees. If not, it is recommended that both parties re-negotiate and determine the bearing party of the customs declaration fees in writing to avoid subsequent disputes.
Elizabeth LiYears of service:3Customer Rating:5.0
Compliance and risk managerConsult
Generally, whoever entrusts the customs declaration will bear the costs. Since you have engaged an agency for export, it is highly likely that you will bear the customs declaration fees. If the agency is willing to offer a package deal with concessions, that's another story.
David LiYears of service:6Customer Rating:5.0
Senior customs declaration consultantConsult
I think it depends on the charging mode of the agency. If the agency only charges the agency fee, miscellaneous fees such as customs declaration fees may be borne by the consignor. If the agency quotes a lump sum price, it may already include the customs declaration fees.
Robert ChenYears of service:6Customer Rating:5.0
Customer service consultantConsult
In actual operations, most consignors will bear the customs declaration fees for the sake of convenience. After all, the agency is only helping to handle the procedures, and it is more reasonable for the consignor to bear the costs.
James LiuYears of service:10Customer Rating:5.0
Foreign trade tax refund consultantConsult
It depends on the result of the negotiation between both parties. If the consignor has strong negotiation skills, it is possible to make the agency bear the customs declaration fees, although this situation is relatively rare.
Emily LiuYears of service:10Customer Rating:5.0
Settlement and payment expertConsult
Usually, it is the consignor who bears the fees because customs declaration involves specific information about the goods, etc. The consignor can provide more accurate information and should also bear the corresponding costs.
Amanda YangYears of service:3Customer Rating:5.0
Cost control consultantConsult
If it is not stated in the agency contract, according to the convention, it is the consignor who bears the fees. However, both parties can also negotiate and adjust again.
Sarah ZhangYears of service:8Customer Rating:5.0
Document expertConsult
In the export by agency that I have experienced before, the customs declaration fees were all borne by the consignor. It seems that this is the default practice in the industry.
Jennifer WangYears of service:4Customer Rating:5.0
Market development consultantConsult
From the perspective of cost, it is more appropriate for the consignor to bear the customs declaration fees because the value of the goods, etc. affect the customs declaration fees and the consignor has a clearer understanding of the cost composition.