Import

Basic Facts about Importation
It is easy to establish a business contact with a foreign partner. But what sort of things do you need to know if this actually develops to the point where you find yourself setting up an importation business? This leaflet is designed to answer this question and introduce you to the business of importation. All of the following information relates to 'genuine' imports, i.e. those which come from countries outside the European Union.
Points to be Clarified in Advance
The following points should be clarified at the offer stage, i.e. before contract negotiations begin. More detailed information is to be found later in this document:
  1. What is the commodity code or customs tariff number of the goods to be imported?
  2. Is there a ban on the importation of the goods in question into the EU?
  3. Are the goods being imported subject to quantitative restrictions (quotas), and if so, are there still unused quotas?
  4. Is an import licence or permit required, and if so, what is important to remember when filing the application?
  5. What rate of customs duty is normally levied on the imported goods?
  6. Are there any EU anti-dumping measures in place for the imported goods and/or their manufacturer, and if so, how extensive are they?
  7. What customs procedure is required for clearance?
  8. Can tariff preferences be claimed for the imported goods? What proof of preferential origin is required?
  9. Is proof of non-preferential origin to be submitted upon importation, and if so, in what form (certificate / declaration of origin)?
  10. Are the imported goods subject to a separate excise duty, and if so, what is the rate of this duty?
  11. Do you have all the information you need to make a reliable costing of your import deal? If not, what information do you still require?
Points to be Clarified during the Contract Negotiations
During the contract negotiations, the following points should also be clarified:
  1. How (verbally/in written form) should/can the sales contract be concluded?
  2. Which law should/can govern the sales contract (that of the buyer's/seller's country, that of a neutral country, the Vienna Convention on the International Sale of Goods)?
  3. Which court should/can handle any judicial disputes?
  4. Should/can an arbitration agreement be reached in order to settle disputes out of court?
  5. What should/can be agreed as regards warranty claims?
  6. What need is there for clarification/regulation on questions relating to product liability?
  7. What need is there for clarification/regulation on matters relating to intellectual property (trademarks, the protection of patents, utility models and registered designs, etc.)?
  8. Has there been a reasonable allocation of rights/duties, risks and costs reasonable for the transportation of the goods (insurance; delivery clauses; INCOTERMS®)?
  9. How should/can payment be made (documentary/non-documentary)?
  10. What costs are associated with payment processing?
  11. Does the foreign trading partner require you to supply documents prior to the delivery (e.g. an International Import Certificate)?
Please find further information in our leaflet (pdf):
  1. General Information on Importing Goods into the EU
  2. Import Clearance
  3. Import Restrictions
  4. Special Excise Duties
  5. EU Customs Legislation
  6. Additional Information
General information on foreign trade
You are about to start a business with partners abroad? There are several aspects you should consider. The CCI Berlin provides support for its member companies regarding the basic information on the international business.