Paperwork and customs

What happens at customs.

Clearance is a declaration made on your behalf, checked against documents, assessed for duty and released. Most of it is routine. What holds containers is a document that does not exist, a description that does not match, a classification somebody guessed, or a permit nobody arranged before arrival.

Who does what.

The importer of record is legally responsible for the declaration and for the duty, and that is you rather than your supplier or your broker. It is worth being clear about, because buyers often assume the broker carries the liability they are paying for.

The broker prepares and files the entry using documents you and the exporter supply. They are good at procedure and they have no way of knowing what is physically in the container beyond what the papers say.

The authority checks, questions, sometimes examines, and releases. Other agencies sit alongside customs on specific goods: food, plant health, product safety. A shipment can be cleared by customs and held by another agency entirely.

The four things that hold a container.

None of them are exotic, and all four are decided before the vessel sails.

  1. 01

    A missing document

    A certificate that had to be issued in Indonesia against the shipment and was not. This cannot be fixed retrospectively for most certificates, which is why the document conversation belongs before production.

  2. 02

    A description that does not match

    The commercial invoice says one thing and the goods are another, or the packing list and the invoice disagree. It reads as either an error or an attempt, and both get examined.

  3. 03

    A classification somebody guessed

    The tariff code decides the duty and often the agencies involved. A guess that is wrong means a reassessment at best, and it is the importer's responsibility.

  4. 04

    A permit or registration nobody arranged

    Prior notice, an import licence, a registered establishment, a responsible person. All of them are destination obligations that mostly sit on the buyer, and none appear in a supplier's paperwork.

What examination actually means.

Most containers are released on documents. A proportion are selected for examination, sometimes on risk criteria and sometimes at random. Examination costs time and money and it is not an accusation.

It becomes expensive when the container sits. Free time on a container is limited and demurrage runs whether or not the delay was your fault, so the cost of a document problem is rarely the fine. It is the days.

The practical defence is boring: documents complete before the vessel sails, descriptions that match, and a broker briefed on what the goods actually are rather than on what the invoice says.

Questions buyers ask.

Can my supplier clear the goods for me?

Under a delivered Incoterm the seller handles more of the process and the import obligations in your country still attach to whoever is the importer of record. Arrangements where a supplier or a third party acts as importer of record exist and they transfer real legal responsibility, which is worth understanding before agreeing to one.

Who is liable if the classification is wrong?

The importer, in nearly every system, even when a broker filed it. That is why a binding ruling on classification is worth obtaining once for a product you will import repeatedly, and why guessing from a supplier's suggestion is a poor idea.

How do I avoid demurrage?

Have the documents complete before the vessel sails and have your broker check them rather than receive them. Most demurrage on first shipments traces to paperwork that arrived late from Indonesia, which is a coordination problem rather than a customs problem.

Read next.

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