Can Exclusive Agency Be Considered Import and Export?

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I've encountered a business issue recently and would like to ask for everyone's advice. Our company has a product and we want to find a company to be its exclusive agent. I'm not very clear about this exclusive agency model, and whether, in terms of business nature, it can be considered import and export. If it is considered import and export, then the procedures and processes will definitely be very different from ordinary domestic agencies, involving customs declaration, tariffs, etc. Are there any knowledgeable friends who can explain to me whether this exclusive agency can actually be considered import and export?
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Whether exclusive agency is considered import and export depends on the specific business situation. If the exclusive agency is solely responsible for domestic sales and promotion of the product, and the goods do not actually cross the customs border, then it is not considered import and export. For example, if a foreign brand authorizes a domestic company to be its exclusive agent for domestic sales, and the goods have already been imported into a bonded warehouse or a domestic warehouse in advance, this would not be considered an import and export activity.

However, if the exclusive agency involves actual cross-border transportation of goods, such as a domestic company acting as the exclusive agent for a foreign brand and needing to purchase goods from abroad for import into China, or exporting goods to foreign countries, then it is considered import and export. In such cases, import and export procedures must be followed, including customs declaration and payment of tariffs. Therefore, the key to judgment is whether the goods have actual cross-border movement.

If an exclusive agent is only responsible for market promotion, customer liaison, etc., and no goods cross the border, it is not considered import and export. However, if it involves cross-border delivery of goods, it will be considered so.

It depends on whether there is actual cross-border movement of goods. If there is, it is likely considered import and export; if it is purely market development, etc., it is not.

If the exclusive agency involves purchasing goods from abroad or selling goods abroad, it falls under import and export, and related procedures must be followed.

If the exclusive agency contract clearly states that goods circulate within the country and do not involve overseas, it is not import and export; if there are cross-border transportation arrangements, it is import and export.

If an exclusive agent is solely responsible for domestic sales and goods do not cross national borders, it is not considered import and export. If it involves cross-border transportation or delivery of goods, it is considered import and export.

The key to judging is whether the goods cross borders. If they do, they are handled as import and export; if they do not and it is purely domestic sales agency, it is not import and export.

If the exclusive agency is only for brand promotion and goods do not cross the border, it is not import and export; if it involves cross-border movement of goods, it is.

If an exclusive agent only engages in domestic channel expansion and goods do not cross borders, it is not considered import and export; if there is cross-border movement of goods, it is import and export.

If the exclusive agency involves the procurement or sale of goods that cross customs borders, it is import and export; if the goods are only within the country, it is not.

User-submitted questions and answers reflect personal opinions, not the official stance of this website.

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