GB/T 44478-2024Guidelines for the application of transportation clauses in international trade terms (English PDF)

Foreword

This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for standardization work Part

1.Structure and drafting rules for standardization documents" Drafting is required. Please note that some of the contents of this document may involve patents. The issuing organization of this document does not assume the responsibility for identifying these patents. This document is proposed by the Ministry of Commerce of the People's Republic of China. This document is under the jurisdiction of the National Technical Committee for Standardization of International Freight Forwarders (SAC/TC 489). This document was drafted by: Shenzhen Kunxin International Freight Forwarding Co., Ltd., Guangzhou Yuanxin International Holdings Co., Ltd., Zhejiang Yijing Electric Xiamen Denghan International Ship Management Co., Ltd., Wuhan Jindianzi International Freight Forwarding Co., Ltd., Chongqing Electronics Industry Cheng Vocational College, Jiaxing Dadi Logistics Co., Ltd., Beijing Jiuxing Times Technology Co., Ltd., Shanghai Xinjingcheng International Logistics Co., Ltd. Shanghai Feilida International Logistics Co., Ltd., Xinjiang Deluya International Logistics Co., Ltd., China Aviation Industry Supply and Marketing Northwest Co., Ltd., Shanghai Maritime University, Beijing Jiaotong University, School of Mechanical Transportation, Xinjiang Agricultural University, Tumushuke Haina Import and Export Co., Ltd., Hetian Heng Yang Foreign Trade Co., Ltd. and Yili Tongruida Transport Co., Ltd. The main drafters of this document are. Jin Xufeng, Lin Zhong, You Shen, Wang Xuefeng, Ge Ju, Ji Shouwen, Xiang Guolun, Yao Shuhong, Chen Zheng, Su Yi, Ji Mao, Yu Huizhu, Guo Jiangzhu, Lin Xiaowei, Bie Jiaxin, Cao Jianfeng, Chen Ming, Zhang Wenhui, Yang Xijiang, Hou Huimin, Zhong Jing.

In international trade, the smooth transfer of goods from seller to buyer requires the cooperation of cargo transportation, cargo insurance and other links. Therefore, in addition to the trade contract, the buyer and seller need to sign other contracts to ensure the realization of the trade contract. Among them, the transportation contract is Focusing on trade contracts, the three main terms related to transportation, namely trade terms for goods, shipping terms and payment terms, are used to define the terms of transportation. Therefore, the international goods trade contract and the goods transportation contract are derivative contracts. Contracts that are independent of each other, but are also interrelated and inseparable. The International Chamber of Commerce first introduced the International Commercial Terms in 1936, which detailed the terms of each international commercial term. The division of risks, responsibilities and costs is widely used in import and export business. The widespread application of this international trade practice improves the negotiation efficiency of both parties. The efficiency of negotiation is improved, the difficulty of negotiation is reduced, and the differences between the two parties are effectively reduced in the subsequent contract performance process. The International Chamber of Commerce revises the International Commercial Terms every ten years. The latest version is the International Commercial Terms 2020 (2020 It will come into effect on January 1st). At present, ocean transport is still the most widely used mode of international transportation. International maritime cargo transportation. The carrier and the shipper form a transportation contract relationship. The buyer in the trade contract becomes the transport party by accepting the bill of lading. The consignee in the contract. Handle the relationship between the carrier, the shipper and the consignee in the transport contract so that the trade contract and the transport contract are beneficial to all parties. The provisions on the rights and obligations of the parties are neither overlapping nor omitted, which plays a vital role in the normal operation of trade. Guidelines for the Application of Incoterms Transport Terms

1 Scope

GB/T 44478-2024 gives guidance on applying the transport clauses of international trade terms. Incoterms are chosen casually and then relied on absolutely: the three letters in the contract decide where delivery occurs, where risk passes, who contracts and pays for carriage and insurance, and who clears the goods, and the most common commercial disputes in Chinese export trade come from a term used with a place that does not fit it - FOB written against a container terminal, or CIF used for a road shipment. The standard sets the general principles, gives the abbreviations and short explanations of the trade terms, and then the rules of application: the choice of version, the choice of term, the matters the rules do not deal with, the explanation to be given to users, the place of delivery with the associated risks and costs, the carrier, the mode of transport, security requirements and electronic documents. It takes effect on 1 January 2025.

This document establishes the general principles relating to the application of Incoterms transport clauses and gives the Incoterms abbreviation codes and Brief definitions, application of trade terms, application of shipping terms, transport documents, advice and guidance on cargo delivery. This document is applicable to international trade and logistics practitioners in handling and managing business related to the use of international trade terms and conditions of transport. It can be used as a reference for industry management.

2 Normative references

The contents of the following documents constitute the essential clauses of this document through normative references in this document. For referenced documents without a date, only the version corresponding to that date applies to this document; for referenced documents without a date, the latest version (including all amendments) applies. in this document.

GB/T 28831 Specification for Preparation of International Freight Documents

GB/T 28832 Quality requirements for preparation of international freight documents

GB/T 31084 Specification for the transfer of international freight forwarding documents

GB/T 31085 Specification for Issuance of International Freight Forwarding Documents

GB/T 33895 Definition of laytime in charter parties

GB/T 38708 Risk Control and Prevention in the Delivery and Payment of Goods in International Trade International rules for the interpretation of trade terms 2020 INCOTERMS 2020) Uniform customs and practice for documentary credits (International Chamber of Commerce)

3 Terms and definitions

For this document, the terms and definitions defined in Incoterms 2020 and listed below apply.

3.1 International trade terms In international trade practice, it is used to indicate the composition of the transaction price and the delivery conditions, and to determine the division of risks, responsibilities, and costs between the buyer and the seller. A special term represented by an English abbreviation (three capital letters).

3.2 Transportation cluses Shipment terms The main transaction terms of international trade contracts, the methods, costs, responsibility sharing, loading and unloading requirements of both parties regarding international cargo transportation, etc. Agreements in this regard.

Note. The establishment of shipping terms is closely related to the nature of the contract and the mode of transportation. Shipping terms include shipping time, shipping place and destination, and partial shipment. In the case of voyage charter, it also includes shipping notice, demurrage, dispatch and shipping documents.

3.3 delivery time The time limit within which the seller delivers the goods under the trade contract to the buyer or the carrier in accordance with the provisions of the trade contract.

Note. Delivery time is the main trading condition binding sellers and buyers in trade contracts. It can specify a date, time range or one day after a specific event.