In the import agency business, the subject bearing the customs duties usually depends on the agreement in the agency contract signed by both parties. If the contract clearly stipulates that the principal shall bear it, then the principal needs to pay the customs duties; if the contract stipulates that the import agency company shall bear it, then the agency company shall be responsible for this expense. In a situation like yours where the customs duty clause was not clearly defined when signing the contract, according to industry practices, in most cases, it is the principal who bears the customs duties, because the principal is the ultimate beneficiary of the goods and has a better understanding of the situation of the goods. But it's not absolute, and it needs to be further negotiated and determined by both parties. If the two parties have a dispute over the issue of bearing the customs duties, first, they should have friendly consultations and seek solutions based on the essence of the transaction, industry practices, etc.; if the consultations fail, they can handle it according to the dispute resolution method stipulated in the contract, such as choosing arbitration or filing a lawsuit in court. In short, to avoid such disputes, before signing the import agency contract, it is necessary to clearly define the party bearing the customs duties and other expenses.
Professional consultant answers
David LiYears of service：6Customer Rating：5.0
Senior customs declaration consultantConsult
In the import agency business, the subject bearing the customs duties usually depends on the agreement in the agency contract signed by both parties. If the contract clearly stipulates that the principal shall bear it, then the principal needs to pay the customs duties; if the contract stipulates that the import agency company shall bear it, then the agency company shall be responsible for this expense. In a situation like yours where the customs duty clause was not clearly defined when signing the contract, according to industry practices, in most cases, it is the principal who bears the customs duties, because the principal is the ultimate beneficiary of the goods and has a better understanding of the situation of the goods. But it's not absolute, and it needs to be further negotiated and determined by both parties. If the two parties have a dispute over the issue of bearing the customs duties, first, they should have friendly consultations and seek solutions based on the essence of the transaction, industry practices, etc.; if the consultations fail, they can handle it according to the dispute resolution method stipulated in the contract, such as choosing arbitration or filing a lawsuit in court. In short, to avoid such disputes, before signing the import agency contract, it is necessary to clearly define the party bearing the customs duties and other expenses.
Elizabeth LiYears of service：3Customer Rating：5.0
Compliance and risk managerConsult
Generally speaking, an import agent only provides agency services. Customs duties, which are directly related to the import of goods, are most likely to be borne by the party that entrusts the import, unless otherwise stipulated in the agency contract.
James LiuYears of service：10Customer Rating：5.0
Foreign trade tax refund consultantConsult
If the contract does not stipulate, judging from common sense, whoever imports the goods and enjoys the benefits brought by the import of the goods should bear the customs duties. So it is most likely that you, the principal, will bear the customs duties.
Michelle ChenYears of service：3Customer Rating：5.0
Business coordination consultantConsult
If the agency company makes mistakes during the agency process, resulting in an increase in customs duties, etc., the agency company may have to bear part or all of the customs duties. However, it still depends on the specific situation and how the two parties negotiate.
Joseph ZhouYears of service：10Customer Rating：5.0
Senior foreign trade managerConsult
When there is no clear stipulation in the contract, it is usually considered that the principal bears the customs duties. But if the agency company makes mistakes in the operation, causing errors in the calculation of customs duties, etc., the situation is different.
William YangYears of service：5Customer Rating：5.0
International logistics consultantConsult
The common practice in the industry is that the principal bears the customs duties. However, if the agency company promises to import goods with tax included, then the customs duties will be borne by the agency company.
Emily LiuYears of service：10Customer Rating：5.0
Settlement and payment expertConsult
Generally, first look at what the contract says. If it doesn't say, it is more likely that the principal will bear the customs duties. But if the agent has any violations in the customs clearance process causing customs duty problems, the agent shall be responsible.
Sarah ZhangYears of service：8Customer Rating：5.0
Document expertConsult
If the contract does not stipulate, according to the convention, the principal bears the customs duties. But if the agent has situations such as intentional concealment or misguidance, it may have to share or bear the customs duties.
Robert ChenYears of service：6Customer Rating：5.0
Customer service consultantConsult
Usually, if the contract does not mention the issue of bearing the customs duties, the principal is more likely to be responsible. But if the two parties reach a new agreement after negotiation, it shall be implemented according to the new agreement.
Amanda YangYears of service：3Customer Rating：5.0
Cost control consultantConsult
Normally, without a contract stipulation, the principal bears the customs duties. If the agency company causes changes in customs duties due to its own reasons in the import process, it may have to bear the corresponding responsibilities.