The Hidden Risks of Unpaid Tariffs Under DDP
Many U.S. companies assume that importing under Delivered Duty Paid (DDP) terms shields them from tariffs. It doesn't.
At our law firm, we're seeing a sharp rise in cases where buyers thought their overseas seller would handle all duties—only to end up facing unexpected customs bills, seized shipments, and operational delays.
With new China tariffs pushing costs even higher, misplaced confidence in DDP is becoming a costly mistake.
What Is DDP?
Delivered Duty Paid (DDP) is one of the Incoterms published by the International Chamber of Commerce. Under DDP, the seller bears full responsibility for delivering goods to the buyer's location, including:
- Export clearance
- Freight and insurance
- Import customs clearance
- Payment of all import duties, tariffs, and taxes
In theory, the buyer simply receives the goods — no paperwork, no duties, no surprises.
In practice, if something goes wrong — such as unpaid duties, misclassified goods, or customs fraud — U.S. Customs and Border Protection treats the importer of record — often the buyer — as the legally accountable party for customs compliance, regardless of what your contract says.
What Happens When Your Overseas Seller Doesn't Pay Tariffs?
When a DDP seller fails to meet customs obligations, the consequences can be immediate and costly:
- Goods may be held or seized by customs until duties are paid or issues are resolved.
- Storage fees accrue at ports or bonded warehouses — sometimes thousands of dollars per week.
- Buyers are pressured to pay duties, even if they weren't contractually responsible.
- Operations grind to a halt as key inventory or equipment sits idle.
- Penalties or investigations may follow if customs laws are violated, even unintentionally.
And once the goods are released, the buyer is often left to pursue reimbursement against its overseas seller through costly legal channels.
Real-World Examples of DDP Gone Wrong
Here are three anonymized, real-world examples drawn from companies that came to us after things went wrong:
1. The Fabric Shipment No One Claimed
A U.S. fabric importer purchased several high-volume textile shipments from a new Chinese supplier using DDP terms. But when the goods arrived in the U.S., customs flagged the shipment for unpaid tariffs under a newly elevated China duty rate. The Chinese seller stopped responding to all communications. Meanwhile, storage fees at the bonded warehouse mounted rapidly. The U.S. importer, unable to wait any longer, paid the duties themselves to secure the inventory and protect existing customer orders.
They came to us seeking to recover those costs. But after reviewing the situation, we strongly advised against spending money to pursue the seller — a tiny and likely judgment-proof Chinese company with no assets or operations outside of China, and no clear contractual protections in place. The company is now focused on improving its sourcing strategy and its contracts moving forward.
2. The Frozen Fashion Goods
A U.S. e-commerce retailer bought seasonal clothing under DDP. The Chinese vendor misclassified the goods and failed to account for updated tariff rates. Customs flagged the shipment just before the peak sales period. The buyer lost crucial revenue, hired a trade lawyer to resolve the issue, and paid the overdue duties just to get the shipment released. They salvaged the season — barely — but at a significant cost.
3. The Seized Industrial Machinery
A U.S. manufacturer purchased specialized machinery from a China supplier under DDP. Upon arrival, customs discovered the seller had underdeclared the value to reduce tariffs. The machinery was seized, triggering a customs investigation. Though the buyer was unaware of the fraud, they now face legal fees, lost time, and delayed expansion due to the missing equipment. Our firm has dealt with this scenario many times, and we are expecting this sort of situation to play out again and again in the next few months.
Why Legal Recourse Against the Product Seller Rarely Works
Importers call us to "go after" the seller who failed to pay the duties. We find that it almost never makes economic sense to pursue these sellers — for four key reasons:
1. Cross-border litigation is too costly relative to the loss.
The amounts at stake are often not large enough to justify the legal fees and logistical headaches of suing a foreign company.
2. The contracts are usually weak or unenforceable.
Most DDP-related contracts we review are poorly drafted. They often lack clear duty-related obligations, don't include favorable dispute resolution clauses, and often choose an unfavorable jurisdiction.
3. The seller is often unreachable or judgment-proof.
Many DDP sellers are small traders, shell entities, or intermediaries based in countries where contract enforcement is weak. Even if you win, the seller may be impossible to collect from.
4. Litigation may expose the buyer to further customs scrutiny.
Suing the seller may reopen attention to the customs violation itself, especially if the entry involved misclassification or undervaluation — putting the buyer at risk of additional audits, penalties, or reputational harm.
How to Protect Your Business Against DDP
If you're importing under DDP, here's what your company should be doing:
1. Tighten Your Contracts
- Clearly allocate responsibility for duties, misclassification penalties, and delays.
- Add indemnity clauses and escalation steps.
- Avoid loopholes via vague force majeure or change-of-law language.
- Ensure well-drafted dispute resolution clauses (jurisdiction, venue, governing law). See A Guide to Dispute Resolution Clauses in International Contracts.
2. Monitor Customs Activity
- Require entry summaries (CBP Form 7501).
- Cross-check classifications and declared values.
- Confirm that your supplier uses a licensed U.S. customs broker.
3. Choose Your Suppliers Wisely
- Vet suppliers with due diligence, especially in high tariff countries. See Foreign Company Due Diligence Reports.
- Consider alternatives like DAP or FOB for more control.
Conclusion
DDP might promise convenience, but the risks are very real — especially as tariffs rise and enforcement tightens. When sellers fail to pay duties, importers face the consequences: financial loss, regulatory exposure, and operational delays.
Don't wait for a customs notice or a seized shipment to act. Our international trade team helps importers draft enforceable DDP contracts, conduct supplier due diligence, and implement customs compliance systems that actually work. Reach out before your next DDP shipment — not after a crisis has already hit.
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