國際貿易英文文章
隨著改革開放，國際貿易專業迅速發展，在一定程度上滿足了社會發展的需要。下面是小編帶來的，歡迎閱讀!
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一、關於價格術語：
2002年，大連某工藝品進出口公司***以下稱大連公司***出售一批聖誕節商品給英國客戶，採用CIF的價格術語，及Irrevocable L/C的支付方式。由於聖誕節商品的銷售季節性很強，因此，英國客戶要求在合同中對到貨時間作了以下規定：“8月份自中國港口裝運，賣方保證載貨輪船於11月10日抵達英國Liverpool。如遲於該日抵達，在買方要求下，賣方必須同意取消合同，如貨款已經收妥，則須退還買方。”
合同簽定後，大連公司於8月中將貨物裝運出口，憑L/C規定的裝運單據向銀行收妥貨款。不料，輪船在航行途中，主要機件損壞，無法繼續航行。雖然承運人租用大馬力拖輪拖帶該輪船繼續前進。但當該輪抵達Liverpool時已是12月5日。於是，英國客戶便以貨物晚到為由，要求取消合同，並要求賠償。經協商合同最終並未取消，但大連公司不得不讓價40%***退還貨款40%***，從而遭受重大經濟損失。
試問：大連公司與英國客戶所簽定的是真正的CIF合同嗎?說明理由。 About CIF:
In 2002, a Dalian industrial import company ***short for DL co.*** had sold some Christmas products to their British customers in the form of CIF and Irrevocable L/C to purchase. Therefore, the British customers required the time of delivery as follow: shipping from Chinese port at August, the seller should ensure the ship will arrive at Liverpool at November 10. If arrive several days later, under buyer’s request, seller must have agreed to cancel the contract. If the payment of goods had already been taken, buyer should have returned it back.
Once the contract had been settled down, DL Company exported the goods during Augustandtook his payment from bank with shipping documents based on L/C rules. Unfortunately, the ship had been damaged on the way of navigation and could not continue their job. Though the carrier rented high power tug to drag it to the destination port, the day they arrived at Liverpool was already December 5. In that case, the BritishCustomer asked to cancel the contract and claimed for compensation for the late of shipment. Through bargaining, the contract hadn’t been canceled at last. Instead, Dl Company had to give a reduction ***return 40% of the payment*** by which they had suffered a large economic loss.
Question: is the contract that DL Company and British customer had signed the true CIF contract? Why?
Analysis of this case:
The case they have signed was not the true CIF contract.
CIF, this term means that the seller delivers when the goods pass the ship’s rail in the port of shipment. The seller must pay the costs and freight necessary to bring the goods to the named port of destination.
But in this case, their contract stipulated “Shipping from Chinese port at August, the seller should ensure the ship will arrive at Liverpool at November 10. If arrive several days later, under buyer’s request, seller must have agreed to cancel the contract. If the payment of goods had already been taken, buyer should have returned it back.” which means this contract had become a nominal CIF contract. Andit acts the function of an Arrival Contract.
Base on the definition of CIFitem, the seller should not acceptsuchterms with schedule time to delivery. Because under the CIF term, the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer.
Even if the seller have the ability to deliver his goodspunctual and willing to take more risks, he should consider to take DES or DEQ forms to make the contract, by which to maximally have the protection of great cover.
All in all, this contract is not a traditional meaning CIF contract.
二、國際貨物運輸保險
某公司自大連港裝冷凍魚貨50噸***散裝***，並經公證處公證，船運到橫濱港卸貨48噸，也經公證處公證。
問航運中失重2噸，投保何種險別可獲理賠，船方對於失重是否負賠償責任? International cargo transportation insurance
ABC Company loaded 50 tons frozen fish ***cargo in bulk*** atPort of Dalian notarized by the notary office. While the ship was discharged at Port of Yokohama, there was 48 tons left.
Question: What cover should betaken out for the 2 ton loss in the transportation to get the Claims? Should the carrier pay for the loss of goods?
Analysis of this case:
There is no such assurance for such average and get claims.
No, they are responsibility for theaverage.
According to Ocean Marine Cargo Clauses ***OMCC***, such average do not belong to total loss and partial loss which defines the coverage in terms of the nature of the loss or damage, the extent of the loss or damage, and the conditions under which it occurred.
So, in this case, the goods weresubordinate to the frozen goods and in bulk. It is difficult for insurer to provide relevant insurance.
As for the carrier, according to TheHagueRegulations detailed provision, which means that the carrier have no responsibility to the loss of bulk cargo freight.
三、貨運條款
大連某公司向新加坡出口一批水果，共6000公斤。國外開來信用證規定：不許分批裝運，在9月30日以前裝船。我方於9月8日和9月10日分別在大連和煙臺各裝3000公斤於“東方”號貨輪運往新加坡，提單上也註明了不同的裝運港和裝船日期。
問我方的行為是否構成違約?銀行能否拒付?
Clouse of shipment
Dalian ABC Company had exported a batch of fruits which was 6000 kilogram in total toSingapore.According to C/L stipulation sent by the other party, partial shipment is not allowed. Ship should be loaded before September 30. ABC Company had separately loaded 3000 kilogram on boardby“Don fang”cargo ship from Dalian at September 8 and from Yantai at September 10. It also had been remarked different loading port and date of shipping.
Question: does party A’s behavior constitutes a violation of contract?
Analysis of this case:
Partial shipment means shipping the commodity under one contract in more than one lot.Herein, partial refer to different freighter and flight number which doesn’t means that there can only be one loading port for the delivery. Therefore, even ABC Company had exported his goods in different loading ports and at different time, their behavior cannot be regarded as partial shipment. Since the deal was clinched at one time which effectively made it a one-time delivery.
That is to say, party A’s behavior cannot be regarded as a violation of contract.
四、信用證
新加坡ABC公司向奇瑞國際公司***以下稱奇瑞國際***進口500套B14的CKD，付款條件為不可撤銷L/C。雙方簽訂合同後，ABC公司通過新加坡發展銀行開立了L/C***Unrestricted Negotiation***，證上列明按“UCP500”辦理。
Singapore ABC company has imported 500 suits of B14 of CKD from Chery international company ***short for Chery International***, in the terms of payment by irrevocable sight L/C. under the contract, Company ABC applies to Singapore Development Bank and open an L/C***Unrestricted Negotiation*** based on the term of UCP500 that is listed in the credit.
奇瑞國際發運貨物後，憑全套與L/C規定相符的單據向中國銀行蕪湖市分行議付，取得了全額貨款。但CKD抵達新加坡經ABC公司檢驗後，發現只有480套。新加坡發展銀行認為收到的貨物與L/C規定的數量不符，因而拒付。中國銀行蕪湖市分行則以開證行拒付為由向奇瑞國際追索貨款。
假設你是奇瑞國際該項業務的經辦人員，請問:
***1*** 新加坡發展銀行沒有權利拒付?
***2*** 中國銀行蕪湖市分行有沒有權利向奇瑞國際追索貨款?
About Letter of Credit:
After CheryInternational ***beneficiary*** ships the goods, the beneficiary obtains anegotiable bill of loading based on L/C and gains full payment from Bank of China, Wuhu branch. However, the CKD goods that arrives at Singapore had been inspected, only 480 suits left. Singapore Development Bank refuses to pay for the goods because the quantities of goods are not in compliance with that specified in the L/C. Bank of China, Wuhu branchclaim indemnity from Chery International for being refused by Issuing Bank.
Suppose you are the staffwho takes in charge of this case, DidBank of China, Wuhu branch have the right to claim indemnity from Chery International? Analysis of this case:
Wuhu branch of Bank of China has the right to claim indemnity.
The Negotiation, in fact, means a cash advance is granted to the exporter when the documents are presented with the fulfillment, on top of the acceptanceof one draft. The negotiation of the drafts at maturity implies the debit of additional interest computed from the date of acceptance to the actual settlement date. It means that the payment that beneficiaryreceived from the advising bank is not a real sense of payment.
Therefore, served as an advising bank ***Negotiation Bank***, Wuhu branch of Bank of China has the right to claim indemnity from Chery International when the issuing bank ***Singapore Development Bank*** refuse to pay.
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For first time importers, it is highly advisable to use a customs broker to enter and clear goods through customs. Customs brokers are licensed by the countries in which they operate, and they act on behalf of the importer to file the necessary documents for goods to enter a country at the port-of-entry. Depending on their relationship with their client, they may also pay customs duties and other importing expenses on their client’s behalf. Finally, they advise importers about issues of which they may need to be aware such as country or origin markings.
When choosing a customs broker, the importer should first make sure they can enter goods at their desired arrival port. Prior to placing an order with a manufacturer, the respective nation’s customs agency and the importer’s customs broker should be consulted to avoid possible problems such as the following:
Any legal issues that might exist with the product in the country of import
Finding out after the product arrives at port that the product is subject to import quotas ***such as those put on textiles***
Possible health, safety or other regulations which apply to the product to be imported
Before the goods are shipped, ensure the packing regulations for the destination country have been adhered to by the factory. For example, every box, bale or case may need to be numbered with the exact quantity in each.
One easy to avoid, but all too common problem encountered when importing is the failure to mark the product in compliance with country of origin regulations. To avoid this, contact the respective customs agency of the nation where the merchandise will be imported to ensure the goods are in compliance. Furthermore, this marking must be visible to the ultimate purchaser of the product.
It is important to know the rate before product arrives at port. See the following link for more information. The tariff rate levied by customs must be paid before the importer can take possession of the goods. While tariff rates in countries like the U.S. average around 5%, they can be significantly higher for some goods, particularly those with higher labor content.
The majority of customs clearance is about paperwork. Different goods can require different types of documentation, but A bill of lading, a commercial invoice and Packing list must prepare include. It is crucial to make sure these documents, and any others that may be needed for a particular shipment, are carefully completed and reviewed before the goods arrive.
To avoid excess storage fees, arrange for a freight forwarder or some other type of transporter to ship the goods to their final destination as soon as they have cleared customs.
Being aware of these points, as well working closely with customs and a customs broker, will make the importing process run more smoothly and will reduce the possibility of unnecessary difficulty or expense.
All entries must be lodged and cleared electronically prior to goods being loaded for export. Sipping companies, airlines, or freight forwarders will usually provide arrival papers around the time the shipment is due to arrive.
You will be required to arrange any necessary permits from other agencies ***such as agriculture clearances or firearms permits***. If you are a first time importer, Customs will assist you with the clearance procedures.
You will need to provide Customs with:
Permits issued from other agencies, if applicable
Evidence of your identity ***such as your passport or driver's license***
The arrival documentation from the shipping company, airline, or freight forwarder
Evidence of overseas freight and insurance costs
For purchases via e-mail, internet, or mail order etc — evidence of the value from the supplier Where it is clear the importation is for a private individual and the parcel contains sufficient information, an assessment will be made by Customs and sent to the recipient.
If further information is required in order for an assessment to be made, or permits from other agencies are required, a notice will be sent to the recipient.
If you are importing goods and the mail processing company uses a track and trace system, goods are sometimes stated as being held by Customs. This means that the goods are waiting for Customs clearance, not that Customs is in possession of your item. Please contact the mail processing company for any further queries regarding this item.
Exchange rates
Cost, Insurance and Freight ***CIF*** is a common term in a sales contract that may be encountered in international trading when ocean transport is used. When a price is quoted CIF, it means that the selling price includes the cost of the goods, the freight or transport costs and also the cost of marine insurance.
A bill of lading is a document issued by a carrier e.g. a ship's master or by a company's shipping department, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified.
It can be used for all modes of transport including multimodal transport. The seller pays for the freight to the named point of destination. The buyer pays for the insurance. The passing of risk occurs when the goods have been delivered into the custody of the first carrier.
The seller delivers the goods into the custody of the first carrier, and this is where risk passes from seller to buyer. The buyer pays for the transportation. It can be used for all modes of transportation including multimodal transport, such as in shipping containers where the ship's rail plays no relevant part in determining a shipping point.
It is at the time taking your goods through customs clearance that you may encounter unforeseen expenditures related to certain mistakes your foreign partner can make if said partner does not receive timely notice of the requirements imposed by the customs authorities of the Russian Federation.
The companies that have learned the hard way what the price of such customs miscarriages is now choose to commit the management of customs issues to professionals. This allows them to achieve the best results and saves them some unreasonable time-and-resource expenditures.
We will give a preliminary estimate of the applicability of our Customer's documents, issue preliminary recommendations, prepare the required sets of documents and have them approved, compile the customs freight declaration, pass through the applicable registration formalities with the customs authorities, participate in customs operations and provide the Customer with all the documents after the closing of the customs regime declared.
By tracking the shipping process, by keeping immediate contact with the carrier, by developing the procedure for and controlling the correctness of the documents to be submitted, our specialists will virtually do whatever possible to help your business to steer clear of all storms, rocks and shallows that threaten anyone venturing across the ocean of Russian customs law.
In the present importers and exporters prefer to customs affairs independent company by individuals or legal office must be assigned.