What scenarios require transshipment trade when facing high anti-dumping duty barriers in the target country?

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I am the foreign trade manager of a photovoltaic module export enterprise in Shanghai. I have been extremely anxious recently: our modules exported to the EU are subject to a high anti-dumping duty of 40%. Direct shipment will not only wipe out all profits, but there is also a batch of goods worth 2 million yuan waiting to be loaded at Yangshan Port.

Our EU customers are pressing very hard, saying they will cancel the whole year's orders if the goods cannot clear customs soon. I heard earlier that some peers had their goods detained and fined for illegal transshipment, and now I also heard that some countries have imposed unilateral sanctions on Chinese photovoltaic products, so direct shipping may be rejected. I am completely confused right now.

Under what circumstances is transshipment trade mandatory? For example, if the anti-dumping duty is targeted at the country of origin, do we have no choice but to use transshipment? Also, when direct shipping is blocked due to sanctions, is transshipment mandatory? I am afraid that choosing the wrong approach will lead to double losses, so I would like you to clarify this for me.

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Expert Q&A

Evelyn Li
Evelyn LiYears of service:3Customer Rating:5.0

Cross-border Compliance SupervisorStart a Chat

First of all,we need to correct a common industry misunderstanding: transshipment is not mandatory in all trade barrier scenarios. For example,if the anti-dumping duty only targets specific models rather than the entire product category,it can be circumvented by adjusting product parameters without transshipment. However,if there is a region-wide high anti-dumping duty targeting the country of origin (such as over 40% with no exemption quota),transshipment is mandatory.

If you force direct shipping in scenarios where transshipment is mandatory,it will trigger a chain of negative reactions: after the goods arrive at the destination port,they will be detained by customs. You will not only have to pay the full anti-dumping duty,but also incur port detention fees and storage fees. If the goods are not processed within the specified time limit,they may be auctioned. Some countries will also add export enterprises to the customs blacklist,and all subsequent shipments will be subject to key inspection.

The core of physical risk isolation is to select a neutral transit country,giving priority to countries that have free trade agreements with the destination country and have loose rules of origin (such as Malaysia and Sri Lanka). The packaging will be replaced and compliant certificates of origin will be issued through factories in the third country,and then the goods will be transshipped to the destination port to realize the legal change of origin identity.

Exclusive Loss Mitigation Tips: Sign a transshipment risk indemnification agreement with a professional agent,and purchase cargo insurance covering the transshipment link at the same time. If the goods are inspected due to problems with the certificate of origin,the agent shall bear losses such as port detention fees and fines,and the insurance shall cover the risk of cargo loss.

Reference: Hezhou-Cambodia Entrepot Trade Always Gets Detained? 5 Compliance Solutions to Get Full Export Tax Rebate
Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

From the perspective of customs valuation and compliance, when goods are judged by the customs of the destination country to originate from a restricted country due to origin marking and no exemption certificate can be provided, transshipment trade is mandatory. At this time, direct shipping goods will directly trigger valuation verification.

The customs will retrieve documents such as certificates of origin, factory shipment records and logistics trajectories. If the origin country judgment cannot be overturned, high anti-dumping duties will be imposed or the goods will be directly detained.

During transshipment, the authenticity of the third-country certificate of origin must be ensured. The documents must include processing records, invoices and packing lists of local factories, and the logistics trajectory must fully cover the loading, unloading and storage links in the transit country to avoid the risk of penalty and confiscation caused by being identified as "false transshipment" by the customs.

Kevin Lin
Kevin LinYears of service:4Customer Rating:5.0

Trade Solutions ManagerStart a Chat

From the perspective of international logistics routes, when there is no direct shipping route between the destination country and the country of origin, or the direct shipping route is included in the sanction list leading to inability to book space, transshipment trade must be selected. At this time, priority should be given to selecting neutral ports with stable transshipment space, such as Port Klang in Singapore and Port of Tanjung Pelepas in Malaysia.

These ports have high transshipment efficiency and free storage period of up to 14-21 days, which can avoid extra costs caused by cargo detention at the port. At the same time, attention should be paid to the endorsement and transfer of the bill of lading.

During transshipment, the original bill of lading should be replaced with a new bill of lading issued by the freight forwarder of the transit country to ensure no loopholes in cargo ownership during the transshipment link. In case of abnormal situations such as container rolling or overbooking, an alternative transit port should be agreed with the agent in advance to ensure that the goods arrive at the destination port on time.

Eric Zhou
Eric ZhouYears of service:6Customer Rating:5.0

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

From the perspective of cross-border tax planning, when the anti-dumping duty payable on export goods in the destination country is much higher than the comprehensive cost of transshipment trade (transshipment fee, certificate of origin handling fee, third-country taxes and fees), transshipment trade must be adopted. At this time, accurate cost calculation is required: the comprehensive cost of transshipment trade is usually 3%-5% of the cargo value.

If the anti-dumping duty is more than 20% of the cargo value, transshipment can save 15%-17% of the cost. At the same time, attention should be paid to tax compliance in the transit country to avoid cargo detention at the port caused by delayed declaration of taxes and fees in the third country. Some transit countries support VAT deferral, which can delay the payment of taxes and fees until after the goods arrive at the destination port, easing the capital pressure of enterprises.

Michael Zhang
Michael ZhangYears of service:6Customer Rating:5.0

Customs Declaration & Compliance ExpertStart a Chat

From the perspective of cross-border receipt and payment compliance, when the payment channel between the country of origin and the destination country is sanctioned and direct receipt and payment via SWIFT or CIPS is not possible, transshipment trade must be adopted. At this time, offshore accounts in the transit country should be used for receipt and payment operations to ensure that the capital flow is consistent with the logistics and document flow, so as to avoid account freezing caused by the bank judging it as "abnormal cross-border capital flow".

Attention should be paid to selecting compliant payment institutions in the transit country to ensure that they are not included in the sanction list. At the same time, the trade background of the transit country should be indicated in the SWIFT message to avoid message interception. Some transit countries support cross-border RMB payment, and settlement can be completed through the CIPS channel to further improve capital security.

Victor Sun
Victor SunYears of service:5Customer Rating:5.0

Trade Risk Control ManagerStart a Chat

From the perspective of international trade law, when the export contract clearly stipulates that the goods shall not originate from a restricted country, and the law of the destination country prohibits the access of goods from the restricted country of origin, transshipment trade must be adopted. At this time, the responsibility of the transit party should be clarified in the transshipment agreement, stipulating that if the goods are inspected due to problems with the certificate of origin, the transit party shall bear all losses.

At the same time, legal certification should be carried out for the processing link in the third country to ensure that the processing depth meets the rules of origin of the destination country, so as to avoid legal disputes caused by being judged as "false transshipment". In addition, international cargo insurance with additional legal liability insurance should be purchased for the goods. In case of legal proceedings brought by the customs of the destination country, the insurance company shall bear the relevant costs.

Lucas Liu
Lucas LiuYears of service:8Customer Rating:5.0

Senior Operations ConsultantStart a Chat

From the perspective of on-site customs inspection, when the appearance and packaging of the goods have obvious origin country marks (such as Chinese nameplates and original factory packaging), and the packaging cannot be replaced in the country of origin, transshipment trade must be adopted. At this time, operations such as packaging replacement and nameplate replacement should be completed in the transit country to ensure that there is no trace of the country of origin on the appearance of the goods, so as to avoid being directly judged as originating from a restricted country during on-site inspection by the customs of the destination country.

During transshipment, evidence such as on-site photos and videos of packaging replacement should be retained. If questioned by the customs of the destination country, relevant evidence can be submitted to prove that the goods have undergone substantial processing in the transit country, reducing the risk of customs detention.

Grace Wang
Grace WangYears of service:10Customer Rating:5.0

Senior Foreign Trade ConsultantStart a Chat

From the perspective of supply chain structure, when trade barriers exist in the core market of the enterprise for a long time and cannot be avoided by adjusting the production base, transshipment trade must be included in the long-term supply chain planning. At this time, long-term cooperative relations should be established with agents in the transit country, and transshipment space and certificate of origin quotas should be reserved in advance to reduce transshipment costs.

At the same time, a dual supply chain route should be built, with direct shipping and transshipment operating in parallel, and the shipping method should be dynamically adjusted according to changes in trade barriers. In addition, the political stability and logistics infrastructure of the transit country should be evaluated to avoid risks such as cargo detention and loss caused by unstable situation in the transit country, so as to ensure the continuity of the supply chain.

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