What Core Compliance Conditions Must Import and Export Agent Products Meet to Be Valid?

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I am the head of an enterprise that has just transformed into cross-border e-commerce. Recently, I plan to export a batch of electronic products to Europe through an agency company, but I have never engaged in import and export agency business before.

Last week, I heard that a peer had their goods detained and fined by customs due to unclear goods ownership of agent products, which makes me very anxious. Our shipment involves lithium batteries, with quite complicated packaging and documents.

I want to know what exactly counts as a legal and compliant import and export agent product? What specific conditions need to be met, for example, what are the mandatory requirements in terms of documents, goods ownership and tax? Are there any common pitfalls that need to be avoided in advance?

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Expert Q&A

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

Trade Risk Control ManagerStart a Chat

To judge whether an import and export agent product is compliant,full-link verification shall be conducted from three core dimensions: documents,goods ownership and tax. First is pre-document review,it is required to ensure that the agency agreement clearly defines the rights and responsibilities of both parties,including goods ownership,agency scope and risk undertaking,meanwhile,customs declaration documents must be consistent with the actual goods. For example,lithium batteries require special documents such as UN38.3 test report and MSDS,none of which can be missing.

In terms of core node connection,goods ownership definition is the key. The ownership of agent products must be clearly attributed to the entrusting party,to avoid the ambiguous status of "agency without clear ownership" — for example,the consignee of the bill of lading shall be consistent with the entrusting party,or the transfer path shall be clearly clarified through endorsement,to prevent goods detention caused by customs questioning the authenticity of goods ownership.

Contingency plans for abnormalities shall be formulated in advance: if documents are inconsistent,modification shall be completed within 24 hours before customs declaration,to avoid triggering customs control,in case of inspection,it is required to cooperate with the agency company to provide authentic trade background materials such as purchase contracts,invoices,etc.

Final compliance implementation requires correct tax handling: export agent products shall complete foreign exchange collection verification,and for those that meet the requirements of export tax refund,tax refund documents shall be submitted in time to ensure the consistency of four flows (contract,invoice,logistics,capital flow).Special Attention,agency of dangerous goods such as lithium batteries needs to pass additional packaging compliance audit,to avoid being refused loading by the port due to non-compliant packaging.

Reference: The Complete Process of Beer Import Agency Revealed: How Many Steps from Selection to Clearance?
Andy Guo
Andy GuoYears of service:3Customer Rating:5.0

Supply Chain Management ExpertStart a Chat

From the perspective of customs declaration, import and export agent products must comply with the principle of "consistency between documents and goods, closed logical loop". The operating unit on the customs declaration form shall be the agency company, and the consignee shall be the overseas client designated by the entrusting party; meanwhile, customs declaration elements shall be consistent with the actual information of the goods.

For example, the HS code of lithium batteries shall be correctly classified as 8507.6000, incorrect coding may lead to price assessment disputes or goods detention. In case of price assessment disputes, it is required to provide purchase contracts, payment vouchers and other documents to prove the authentic transaction price, to avoid customs calculating tax based on the minimum price.

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

Director of Import & Export OperationsStart a Chat

In the logistics link, goods ownership control of agent products shall be realized through bill of lading management. If FOB trade term is adopted, the entrusting party shall ensure that the bill of lading is endorsed and transferred in time after being collected by the agency company, to avoid retention of goods ownership; in case of container rolling, the agency company shall coordinate with the shipping company to change the sailing schedule immediately, and apply for extension of free storage period at the same time to reduce the loss of detention fees.

Lithium battery transportation shall select shipping companies with dangerous goods transportation qualification, to avoid cargo delay caused by unqualified transportation qualification.

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

Customs Declaration & Compliance ExpertStart a Chat

In terms of tax, export agent products can reduce capital occupation cost through VAT deferral policy. Taking the European market as an example, the entrusting party can entrust the agency company to apply for import VAT deferral, which means no need to prepay VAT during customs clearance, and declare and pay after the goods are sold; meanwhile, export tax refund requires consistent four flows, abnormal capital return path may trigger tax investigation and affect the progress of tax refund.

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

Cross-border Compliance SupervisorStart a Chat

In the foreign exchange receipt and payment link, it is required to ensure that capital flow is consistent with the trade background. The agency company shall collect foreign exchange in the name of the entrusting party, to avoid compliance risks caused by third-party foreign exchange collection; if CIPS RMB cross-border payment is adopted, "agency export payment" shall be clearly marked in the SWIFT message to ensure the traceability of the foreign exchange receipt and payment path.

When settling foreign exchange, supporting materials such as agency agreement and customs declaration form shall be provided, to avoid the bank refusing settlement due to incomplete materials.

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

Documentation SupervisorStart a Chat

At the legal level, the agency agreement shall clearly include the force majeure clause as the bottom guarantee. For example, if cargo delay is caused by pandemic, both parties shall agree on the division of responsibilities; meanwhile, the customs protection record of intellectual property shall be completed by the entrusting party, to avoid agent products being detained by customs due to infringement.

Under the letter of credit payment method, it is necessary to avoid soft clauses, such as "the bill of lading must be signed by the personnel designated by the issuing bank", etc., to prevent the loss of both goods and payment.

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

Key Account ManagerStart a Chat

During on-site inspection, agent products shall cooperate with customs to complete devanning inspection. Lithium battery cargo shall display the UN mark and dangerous goods label on the packaging to ensure consistency with the description in MSDS; in case of abnormal machine inspection result, a laboratory appraisal report shall be provided to prove the safety of the cargo.

The inspection notice shall be carefully interpreted, for example, for "open-box inspection", unpacking tools shall be prepared in advance to avoid delaying the inspection time.

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

Senior Operations ConsultantStart a Chat

In terms of special packaging, lithium battery agent products shall use UN-certified dangerous goods packaging, each packaging unit shall be affixed with dangerous goods labels and shipping marks; anti-static materials shall be selected for cushioning packaging to avoid safety accidents caused by lithium battery short circuit. The preparation of MSDS shall comply with international standards, clearly specify the dangerous characteristics of the cargo and emergency treatment measures, to ensure the safety and compliance of the logistics link.

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