I was wondering if you would be able to assist with a query I have regarding exporting. The Incoterms® Rules we prefer to use for our goods being shipped outside of the EU are CIP (Cost, Insurance Paid to destination airport). Quite often, though, customers insist on the term FCA (Free Carrier) from our warehouse. On our commercial invoices we detail all product weights, values, individual tariff numbers for each item, etc, which I e-mail a copy of to the freight forwarders upon arranging collection so that they can do their customs entries. For FCA shipments I always request that the freight forwarder sends me a copy of the C88/SAD that they have produced for our records (we always receive a copy with an invoice for our CIP shipments). Forwarders don’t always supply them to me but when they do I check the entry and in most cases freight forwarders have only declared one of the tariff codes and not all if applicable. I also notice this when we receive the MSS data report we receive from customs. I do request for the entry to be amended and sometimes they are but most of the time for the FCA shipments the customer’s freight forwarder doesn’t or it’s a courier company and it is harder to get this done.
I just really want to know, as the exporter, what the legal implications are for us if the freight forwarders do not match our invoices and advice we have provided them. And is it our responsibility or the importers’ to make sure this is correct as the duties and taxes will always be covered by our customers in the country of destination?