What compliance prerequisites and core qualification requirements must be met for individuals to engage in transshipment trade?

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I am a self-employed cross-border e-commerce practitioner. I have been engaged in the trade of home storage products via China-Europe direct mail for a long time, and can ship two to three containers of goods per month. Recently, the European Union has imposed a high 40% anti-dumping duty on such products, which completely wiped out my original 15% profit, and I even have to cover a lot of extra logistics costs!

I heard from peers that transshipment trade can avoid this duty, but as an individual, I have no foreign trade qualification, and know nothing about the whole transshipment process. I don't even know what documents to prepare or how to choose a transit port, and I am more afraid of falling into pitfalls -- for example, goods being detained and suffering demurrage at the transit port, or fund receipt and payment being non-compliant and frozen by the bank.

I have been so anxious these days that I can't even sleep well. I just want to ask, can individuals like me actually do transshipment trade? What specific operations should I take to be compliant, avoid anti-dumping duties, and minimize risks at the same time?

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Expert Q&A

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

Trade Risk Control ManagerStart a Chat

First,pre-document verification must be completed. As an individual,you need to first entrust an agency company with transshipment trade qualification to assist you in handling individual foreign trade agency filing. At the same time,prepare core documents in advance,including the Chinese certificate of origin of the goods,non-reprocessing certificate for transshipment issued by the transit country,full set of bills of lading,and document exchange letter of guarantee,etc. Ensure that the product name and model indicated on the documents are completely consistent with the actual goods,and documents issued by the transit country must meet the anti-circumvention verification standards of the importing country,to avoid triggering anti-dumping investigations due to document discrepancies.

In terms of core node connection,three links need to be focused on: First,transit port selection. Priority should be given to ports with no anti-dumping barriers and mature logistics networks (such as Port Klang in Malaysia,Port of Singapore),and the qualification and operational experience of the transit freight forwarder should be confirmed in advance. Second,cargo right control. Order bill of lading should be used throughout the process to ensure that the cargo right is firmly held by you or your agent when exchanging documents at the transit port. Third,fund receipt and payment. Cross-border receipt and payment should be conducted through the compliant foreign exchange account of the agency company,to avoid foreign exchange supervision warnings triggered by direct large-value receipt and payment through personal accounts.

Emergency plans should be formulated in advance: If the goods are inspected at the transit port,the agent should be immediately instructed to coordinate with the local freight forwarder to provide storage records and cargo inspection reports to cooperate with customs verification,If the importing country questions the origin of the goods,the agent should assist in submitting the logistics track and transshipment certificate of the transit country. Finally,through the compliance endorsement of the agency company,full-chain compliant operation is completed,ensuring that every link of the transshipment trade meets the customs and foreign exchange supervision requirements of China,the transit country and the importing country.

Reference: Shanghai Port Transshipment Trade: Operations & Challenges
Eric Zhou
Eric ZhouYears of service:6Customer Rating:5.0

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

When individuals engage in transshipment trade, they should focus on two core issues: customs valuation and origin verification. First, the customs declaration form for transshipped goods must clearly indicate the attribute of "transshipment trade", to avoid being misjudged as general trade import and triggering supplementary payment of anti-dumping duties. Second, documents such as the transshipment certificate of the transit country, storage contract, and logistics invoice should be prepared in advance to prove that the goods have not undergone substantial processing in the transit country.

If the customs doubts the value of the goods, real purchase contracts, payment vouchers and industry price reference data should be provided to avoid cargo demurrage caused by valuation disputes. In addition, it is necessary to ensure that the product name and HS code on the customs declaration form are completely consistent with the customs declaration information of the transit country and the importing country, forming a closed logical loop, and avoiding triggering the customs' secondary declaration requirement.

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

Senior Foreign Trade ConsultantStart a Chat

For the logistics route of individual-operated transshipment trade, priority should be given to the direct transshipment mode of "first leg China - transit port - destination country", and routes requiring multiple transshipments should be avoided, so as to reduce the time that goods are exposed to risks. The free storage period of the transit port should be confirmed in advance, generally required to be no less than 7 days, to avoid container detention fees caused by delayed document exchange.

At the same time, a freight forwarder with transshipment operation qualification should be selected to ensure that it can quickly complete document exchange, storage and connection with the second-leg vessel. In terms of cargo right control, the first-leg bill of lading should be endorsed "to order", and the agency company should issue an exclusive letter of guarantee when exchanging documents, to avoid the cargo right being intercepted by a third party. In case of container rollover, space overbooking and other situations, priority space allocation right should be agreed with the freight forwarder in advance to ensure that the second-leg shipping schedule is not delayed.

Cindy Chen
Cindy ChenYears of service:3Customer Rating:5.0

Key Account ManagerStart a Chat

Individuals engaging in transshipment trade should reasonably plan their tax structure to avoid the risk of double taxation. First, the tax policy of the transit country should be clarified.

Some transit countries exempt value-added tax and income tax on transshipment trade, which can effectively reduce costs. Second, if the goods are purchased in China, tax planning should be carried out through the agency company to ensure that the input VAT in the procurement link can be reasonably deducted, or tax payment can be deferred through the VAT deferment policy to ease capital pressure.

In addition, it is necessary to avoid cross-border related transaction pricing deviating from the fair market price, otherwise it may trigger a BEPS investigation, leading to tax authorities requiring supplementary payment of taxes and late fees. It is recommended to obtain industry fair price data in advance as a reference for pricing.

Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

The foreign exchange receipt and payment of transshipment trade carried out by individuals must strictly comply with foreign exchange management regulations. It is forbidden to use personal foreign exchange accounts to directly conduct large-value transshipment trade receipt and payment, and operations must be carried out relying on the compliant accounts of companies with foreign trade agency qualifications.

When receiving and paying foreign exchange, it is necessary to ensure that the capital flow is consistent with the cargo flow and document flow, that is, the payment amount matches the procurement contract, and the receipt amount matches the sales contract. At the same time, all foreign exchange receipt and payment vouchers and trade documents should be retained for verification by the foreign exchange administration.

If cross-border payment in RMB is adopted, it can be completed through the CIPS system, which is more convenient and lower cost than the SWIFT system. It is necessary to confirm in advance whether the cooperative bank in the destination country has access to the CIPS system to avoid payment delays.

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

Customs Declaration & Compliance ExpertStart a Chat

Individuals engaging in transshipment trade should focus on the legal risks of contract terms and cargo right transfer. First, the storage and document exchange contract signed with the transit freight forwarder should clearly stipulate the scope of responsibility of the freight forwarder.

If cargo demurrage or loss of cargo right is caused by the freight forwarder's operational errors, it shall bear full compensation liability. Second, a "transshipment trade exemption clause" should be added to the sales contract signed with the buyer in the destination country, clarifying that the origin of the goods is the transit country, so as to avoid liability for breach of contract arising from anti-dumping investigations.

In addition, a letter of guarantee (LOI) should be prepared in advance to prove the ownership of the cargo when exchanging documents at the transit port, to avoid cargo right disputes caused by incomplete documents. The validity period and scope of application of the LOI should be clearly specified.

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

Senior Operations ConsultantStart a Chat

When the goods of individual transshipment trade are inspected at the transit port, correct response skills should be mastered. First, the agency company should be instructed in advance to inform the local freight forwarder to prepare documents such as the packing list of the goods, transshipment certificate, and MSDS (for dangerous goods), so as to ensure that they can be submitted to the customs quickly.

Second, if the customs requires unpacking inspection, the freight forwarder should arrange a qualified unpacking team to avoid cargo damage caused by improper operation. When passing the machine inspection, it is necessary to ensure that the cargo packaging meets the requirements of the transit port customs, so as to avoid blurry machine inspection images caused by packaging occlusion, which will trigger manual inspection.

In addition, the inspection progress should be followed up in time. If the customs issues a test report, it is necessary to confirm that the report results are consistent with the cargo information, so as to avoid customs detention caused by inconsistent results.

Jason Wu
Jason WuYears of service:10Customer Rating:5.0

International Logistics & Supply Chain ManagerStart a Chat

The cargo packaging of individual transshipment trade should take both physical safety and compliance requirements into account. First, for general goods, moisture-proof and reinforced cushioning packaging materials should be used to avoid damage during transit transportation, which will affect the second-leg transportation.

For dangerous goods, packaging must be carried out in strict accordance with the UN dangerous goods packaging standards, and qualified MSDS documents should be prepared to ensure that the dangerous goods labels on the packaging are clearly visible, so as to avoid detention and inspection by the transit port customs due to non-compliant packaging. In addition, the packaging scheme should be adjusted according to the climatic conditions of the transit port. For example, goods destined for tropical areas need to add a moisture-proof layer, and goods destined for cold areas need to take anti-freezing measures to ensure that the goods are not damaged during transit storage.

Linda Gao
Linda GaoYears of service:7Customer Rating:5.0

Documentation SupervisorStart a Chat

If the transshipment trade carried out by individuals involves goods purchased in China, attention should be paid to the compliance requirements for export tax rebates. First, transshipment trade is not within the scope of export tax rebates, and false declaration of export tax rebates is prohibited, otherwise it will trigger tax correspondence verification and even face fines. Second, if the purchased goods are originally intended for general trade export and later converted to transshipment trade, it is necessary to declare to the tax authority to change the trade mode in time, so as to avoid the risk of tax rebate verification caused by document discrepancies.

In addition, all procurement documents, logistics documents and foreign exchange receipt and payment vouchers should be properly kept to ensure consistency across all four transaction flows, for the follow-up verification of the tax authority. If there are abnormal situations such as capital return, the situation should be explained to the tax authority in advance to avoid being identified as false trade.

Andy Guo
Andy GuoYears of service:3Customer Rating:5.0

Supply Chain Management ExpertStart a Chat

Individuals engaging in transshipment trade should optimize the supply chain structure to improve overall efficiency and profits. First, an inventory linkage strategy should be established to adjust the storage inventory at the transit port according to the order demand of the destination country, so as to avoid inventory overstock or stockout. Second, the cost difference between CIF and FOB trade terms should be compared.

If the buyer in the destination country has strong logistics capabilities, FOB terms can be adopted to reduce logistics costs. In addition, a cost actuarial model should be established to comprehensively calculate various costs such as first-leg logistics, transit storage, second-leg logistics, and agency fees, and compare the total costs of different transit ports to select the optimal solution. At the same time, attention should be paid to changes in the trade policies of the transit country, and the supply chain structure should be adjusted in time to avoid cost increases or compliance risks caused by policy changes.

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