関税が蔓延する貿易環境を踏まえ、各社は生産コスト増のリスクを評価するため商業契約の見直しを進めている。こうしたリスクを判断する際に供給契約で特に重視すべき点は、製品販売の納品条件である。契約上の納品条件によって、関税支払いの責任主体が特定される可能性があるためだ。
Incoterms 2020 Delivery Terms
Delivery terms are commonly expressed as Incoterms, which are a set of 11 individual delivery terms with a prescribed set of responsibilities issued by the International Chamber of Commerce, a global business organization. The most favorable delivery term for suppliers under Incoterms 2020 is EXW (Ex Works), in which the supplier makes the goods available at its facility, and the buyer is responsible for transportation, including payment of tariffs. Conversely, the most favorable delivery term for buyers under Incoterms 2020 is DDP (Delivery Duty Paid), in which the supplier is responsible for paying tariffs and transporting the goods to the buyer’s facility.
Contractual Shifts in Delivery Responsibilities
Particular attention should be paid to determine whether other aspects of the delivery section or the remainder of the contract modify the delivery term in a way that shifts responsibility for payment of tariffs when it would otherwise not be that case for that specific Incoterm.
Want to learn more about other contract strategies that may mitigate tariff-related risks? Visit our “Tariffs and Your Contracts” series home page here.
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