Who should be responsible for customs declaration in the agency import and export business?
Our company intends to find an agent to handle import and export business. Previously, we have been handling customs declaration by ourselves. We are not very clear about the agent's customs declaration. I would like to ask, in the agency import and export business, should it be the consignor or the agent who is responsible for customs declaration? Are there any specific regulations or distinctions for different situations? If there are problems with customs declaration, how should the responsibilities be calculated? I hope that friends who are knowledgeable in this area can give a detailed explanation. Thank you!
Professional consultant answers
Andrew HuangYears of service：7Customer Rating：5.0
Supply chain optimization expertConsult
In the agency import and export business, the determination of the customs declaration entity shall be based on specific situations. Generally, if the agent signs the import and export contract in its own name and undertakes the corresponding legal responsibilities at the same time, then the agent is the customs declaration entity and shall declare to the customs in its own name. If the agent only signs the contract in the name of the consignor and the consignor undertakes the legal responsibilities, generally the consignor shall be the customs declaration entity and declare to the customs in the name of the consignor. In both cases, when declaring to the customs, it is necessary to comply with the customs regulations and provide true and accurate customs declaration materials. If there are problems with customs declaration, if the agent is responsible for customs declaration and the problems are caused by its fault, the agent shall bear the responsibility; if the consignor is responsible for customs declaration and the problems are caused by its own fault, the consignor shall bear the responsibility; if both parties are at fault, the responsibilities shall be shared according to the degree of fault. Therefore, when choosing an agent and conducting business, both parties should clarify their responsibilities to avoid customs declaration risks.
Elizabeth LiYears of service：3Customer Rating：5.0
Compliance and risk managerConsult
Generally, it depends on how the agency contract is signed. Whoever is stipulated in the contract to be responsible for customs declaration shall be responsible for the relevant matters of customs declaration.
Amanda YangYears of service：3Customer Rating：5.0
Cost control consultantConsult
If the agent is only helping to contact the business and the actual ownership of the goods and so on all belong to the consignor, then it is highly likely that the consignor shall be responsible for customs declaration.
Robert ChenYears of service：6Customer Rating：5.0
Customer service consultantConsult
From the perspective of operational convenience, if the agent is more familiar with the customs declaration process and has more resources, it will be more efficient to entrust the agent to handle customs declaration.
Sarah ZhangYears of service：8Customer Rating：5.0
Document expertConsult
For the import and export of some special commodities, the customs may have special requirements for the qualifications of the customs declaration entity. The determination of who shall be responsible for customs declaration shall be made according to the requirements.
Michelle ChenYears of service：3Customer Rating：5.0
Business coordination consultantConsult
If the consignor itself has a customs declaration team and experience, it can also choose to handle customs declaration by itself, with the agent assisting in providing materials.
Jennifer WangYears of service：4Customer Rating：5.0
Market development consultantConsult
No matter who is responsible for customs declaration, both parties should communicate closely to ensure the accuracy of customs declaration information. Otherwise, problems are likely to occur.
Joseph ZhouYears of service：10Customer Rating：5.0
Senior foreign trade managerConsult
Industry practices can be referred to. What most of the peers do can also be used as an idea for determining the customs declaration entity.
William YangYears of service：5Customer Rating：5.0
International logistics consultantConsult
If the agent has preferential policies or special channels that are beneficial to customs declaration, entrusting the agent to handle customs declaration may be more advantageous.