What core qualifications and practical operation capabilities should a company have to legally act as an agent for all kinds of ore import business?

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I am a procurement supervisor who has just taken over my company's iron ore and manganese ore import business. Last week, I hired a small foreign trade agency, but as it did not have specialized qualification for ore import, the goods were seized by customs after arriving at the port, resulting in nearly RMB 100,000 of port detention fees and container demurrage.

I was reprimanded by my boss and can hardly sleep due to anxiety. My company will import another two shipments of Australian iron ore and South African chrome ore next month. I want to find a reliable agency, but I do not know what dimensions to judge from, for example, is bulk cargo operation experience a must?

Is there any specialized qualification for rare ore import? Can they provide full-link compliance guarantee? I am afraid of making mistakes again and want to find the right direction as soon as possible.

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Expert Q&A

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

Customs Declaration & Compliance ExpertStart a Chat

Many enterprises mistakenly believe that any company with import and export operation rights can act as an agent for ore import. In fact,ores belong to bulk cargo,and some rare metal ores are also under customs supervision. If an agency without specialized operation qualification undertakes such business,it will directly lead to risks such as customs seizure and failure to pass commodity inspection.

If you fall into this misunderstanding,the subsequent chain of negative reactions will continue to escalate: during the port detention period,the daily expenditure on port detention fees and container demurrage alone will reach RMB 5,000 to 8,000. If the detention lasts for more than 15 days,the goods may even be auctioned off by customs according to law. Meanwhile,the domestic production side will suspend production due to raw material shortage,and the compensation for order breach can be as high as 20% of the contract value. It may even lead to the enterprise being included in the customs list of untrustworthy entities,affecting all subsequent import and export business.

Physical risk isolation measures shall be implemented from three dimensions: give priority to selecting agency companies with ore import operation right and bulk cargo operation qualification,meanwhile verify that they have no less than 10 practical cases of similar ore import in the past 3 years,and confirm that they have exclusive channels for port yard coordination and commodity inspection liaison.

Exclusive loss stopper tip: you can require the agency to provide the certificate of Customs Advanced Credit Enterprise,and sign an "import risk coverage agreement" at the same time,which clarifies that all losses caused by customs seizure and port detention due to the agency's qualification or operation errors shall be fully borne by the agency. As a compliant institution with 20 years of experience in foreign trade agency,Zhongshen can provide such exclusive agreement signing services.

Reference: Key Points of Responsibility Division and Risk Control That Principals Must Clarify in Import Agency Business
Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

Companies acting as agents for ore import shall hold the Customs Registration Certificate for Import and Export Goods Consignors and Consignees issued by the customs, and shall clearly mark "ore import" related categories in their business scope. For some regulated ores (such as rare earth ores and radioactive ores), the agency shall also have the qualification to apply for corresponding automatic import license or import and export license for dual-use items and technologies.

In the customs declaration process, you shall verify the accuracy rate of the agency's customs declaration form filling in advance to ensure that the commodity code classification fully meets the requirements of the customs tariff. Incorrect classification will lead to price review disputes, payment of large amounts of back taxes, or even deletion and re-submission of declarations, directly resulting in 3 to 7 days of customs clearance delay and additional port detention fees.

In addition, you shall confirm whether the agency is a Customs Advanced Credit Enterprise. Such enterprises can enjoy preferential measures such as priority customs clearance and inspection rate reduced to less than 5%, which can effectively shorten the customs clearance cycle and reduce import costs.

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

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

Agency companies undertaking ore import shall have bulk cargo logistics operation capabilities, stable global bulk carrier booking channels, exclusive yard resources in major domestic ports, as well as professional teams for bulk cargo loading and unloading, storage and transshipment. For bulk ore import, you shall confirm that the agency can provide door-to-door full-link logistics services, including bulk carrier booking, port yard loading and unloading, inland railway/highway transshipment, domestic warehouse distribution, etc. Meanwhile, it shall have contingency plans for abnormal situations such as container rollover, space overload and port change, such as locking shipping space 15 days in advance, reserving backup yards, and coordinating with shipping companies for priority berthing.

In addition, you shall confirm that the agency can effectively control the cargo ownership, ensure that the endorsement and transfer of the bill of lading is fully compliant to avoid cargo ownership disputes, and can provide real-time logistics track query services, so that the enterprise can keep track of the location, status and estimated arrival time of the goods at any time, which is convenient for arranging production plans in advance.

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

Senior Foreign Trade ConsultantStart a Chat

Agency companies acting for ore import shall have professional cross-border tax planning capabilities, which can help enterprises optimize import costs and reasonably utilize various tax preferential policies.

For ore import, you shall confirm that the agency can accurately calculate import duties, value-added tax, consumption tax and other taxes and fees, and can provide compliant tax planning schemes: for example, using the bonded warehousing policy of domestic free trade zones to defer the payment of value-added tax and ease the pressure of capital occupation of enterprises; for iron ore imported from countries that have signed free trade agreements with China (such as Australia and Brazil), you can apply for MFN tariff reduction and exemption, which can reduce the tariff rate to 0% at most; in addition, the VAT deferral policy can be used to delay the payment of value-added tax until after the goods are sold, so as to further optimize the cash flow. Meanwhile, you shall confirm that the agency can provide compliant tax vouchers to ensure that the enterprise can normally deduct input tax and avoid the risk of tax inspection.

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

Trade Risk Control ManagerStart a Chat

Agency companies acting for ore import shall have compliant cross-border payment and receipt operation capabilities, which can help enterprises avoid foreign exchange supervision risks. For ore import, you shall confirm that the agency can correctly handle SWIFT messages or CIPS RMB cross-border payment messages, and ensure that the amount of foreign exchange receipt and payment and the purpose of transaction fully match the customs declaration form and the contract, so as to avoid failure to pass the verification of the foreign exchange administration, account freezing and other situations.

In addition, you shall confirm that the agency can provide foreign exchange purchase rate optimization services, and reduce cost losses caused by exchange rate fluctuations through tools such as forward exchange rate locking and foreign exchange swap; for large-scale ore import business, payment and receipt can be carried out through offshore accounts to further optimize capital scheduling efficiency. Meanwhile, you shall confirm that the agency can provide settlement and account reconciliation services to ensure that the enterprise's capital flow, cargo flow, bill flow and contract flow are completely consistent, which meets the "four flows consistency" supervision requirements of the foreign exchange administration, and avoids compliance risks such as capital return and abnormal settlement.

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

Key Account ManagerStart a Chat

Agency companies acting for ore import shall have professional international trade legal service capabilities, which can help enterprises avoid various legal risks. For ore import, you shall confirm that the agency can draft compliant international trade contracts and clarify the rights and obligations of both parties, especially the core contents such as ore quality standards, inspection and quarantine clauses, force majeure clauses and cargo right transfer clauses, so as to avoid contract disputes.

In addition, you shall confirm that the agency can handle the problem of soft clauses of letters of credit. For example, for unreasonable clauses in the letter of credit such as "the customer inspection certificate shall be signed by the personnel designated by the foreign investor", it can assist the enterprise to negotiate with the foreign investor for amendment, so as to avoid the situation that the letter of credit cannot be honored.

Meanwhile, you shall confirm that the agency can provide Letter of Indemnity (LOI) services to ensure that the enterprise can obtain full compensation through the indemnity in case of unqualified goods quality, foreign investor's breach of contract, etc., so as to reduce losses. In addition, you shall confirm that the agency can assist the enterprise to handle the customs protection record of intellectual property rights, so as to avoid the risk of seizure of infringing ores.

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

Senior Operations ConsultantStart a Chat

Agency companies acting for ore import shall have professional on-site inspection response capabilities, which can help enterprises smoothly pass customs and commodity inspection. For ore import, you shall confirm that the agency can verify the MSDS report, certificate of origin, quality certificate, weight certificate and other documents of the ore in advance, and ensure that the document information is completely consistent with the actual situation of the goods, so as to avoid failure to pass the inspection due to document inconsistency.

In addition, you shall confirm that the agency can handle inspection links such as customs unpacking inspection and machine inspection, for example, coordinate with the yard to sort out the stacking method of goods in advance to ensure that the machine inspection images are clear and distinguishable, which is convenient for the customs to review quickly; for ores that need to be sent for inspection and identification, you shall confirm that the agency can coordinate with the commodity inspection authority to arrange testing on a priority basis, and issue the test report in as fast as 3 working days, which greatly shortens the inspection time. In addition, you shall confirm that the agency can accurately interpret the core content of the inspection notice, and timely handle problems such as weight discrepancy and unqualified quality occurring during the inspection, so as to ensure that the goods can be cleared as soon as possible and avoid additional port detention fees.

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