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Customs

Duty

A tax charged by a government on imported goods, usually a percentage of their customs value.

What is Duty?

A duty is a tax levied by a customs authority on goods as they cross a customs border, most often on import. The applicable rate is found by classifying the goods under the national tariff, which is built on the six-digit WCO Harmonized System and extended nationally (the US HTSUS, the EU Combined Nomenclature and TARIC). Rates can be ad valorem (a percentage of customs value), specific (an amount per unit, such as per kilogram or per litre) or compound (both). The duty base differs by jurisdiction: the EU values goods on transaction value including transport and insurance up to the point of entry into the customs territory, while the US uses transaction value that excludes international freight. Beyond ordinary customs duties, goods can attract trade remedy duties such as anti-dumping and countervailing duties, plus import VAT or excise collected at the border.

Why it matters for forwarders

The importer of record or declarant is legally liable for the duty, even when a forwarder or customs broker lodges the declaration on its behalf. Duty is driven by three data points the forwarder often touches: classification, origin and value. A wrong HS code, a missed preferential origin claim or freight costs left out of an EU customs value can lead to post-clearance demands, interest and penalties long after the cargo is delivered. Forwarders who advance duties for clients carry credit exposure, so many require deposits or direct debit from the importer's own deferment or ACH account. Check whether a binding tariff information decision or binding ruling exists before quoting landed cost, and confirm who pays duty under the Incoterms rule, since only DDP places it on the seller.

Duty FAQ

Who pays import duty, the buyer or the seller?

The importer of record is liable to customs. Commercially, every Incoterms 2020 rule except DDP leaves import duty with the buyer.

What is the difference between duty and import VAT?

Duty is a customs tax set by the tariff for the specific product and origin. Import VAT is a consumption tax charged at the national VAT rate, usually on the customs value plus duty, and is often recoverable by VAT-registered importers.

How is import duty calculated?

For an ad valorem rate, duty equals the customs value multiplied by the tariff rate for the product's classification and origin; specific rates apply an amount per unit, and compound rates combine both. In the EU the customs value includes transport and insurance up to the EU border, while the US value excludes international freight.

What happens if the wrong HS code is used on an import declaration?

Customs can reassess the duty after clearance and claim the difference with interest and, where negligence is found, penalties. The importer remains liable even if a broker or forwarder made the entry, so uncertain classifications should be confirmed with a binding ruling.

Sources

  1. Determining Duty Rates, U.S. Customs and Border Protection
  2. Customs Valuation Quick Info, European Commission, DG TAXUD
  3. What is the Harmonized System (HS)?, World Customs Organization

Rules and figures change. Check the current text with the issuing body before relying on it.

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