Duty Insurance Policy for Marine Cargo: Key Features

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Duty Insurance Policy for Marine Cargo: Key Features

Any business involved in marine shipments has to manage a variety of expenses, including freight charges, terminal handling charges, port fees, insurance premiums, and taxes. Customs duty is one such expense and an indirect tax imposed by a country on imported goods. Depending on the type of shipment, either the importer or exporter pays the customs duty on behalf of the buyer or seller.

When goods are damaged, lost or stolen during transit, someone has to bear the financial loss. Marine cargo duty insurance safeguards importer businesses and individuals by covering the loss of customs duty. This blog covers how duty insurance works in marine policies and what it covers. Read on to learn more.

Key Highlights

  • A duty insurance policy covers the loss of customs duty paid before the insured cargo is lost or damaged due to an insured event.
  • Duty insurance is a benefit or add-on for marine cargo insurance and can be bought separately.
  • The duty insurance has the same insured risks and exclusions as the underlying marine insurance plan.
  • Duty insurance covers different types of customs duty and other import taxes at actual rates paid to customs.
  • It does not cover any duties or liability for general average contributions or salvage charges paid after the loss or damage of cargo.

What is Duty Insurance in Marine Cargo Policies?

Duty insurance is a type of benefit or add-on included in marine insurance policies. It covers the customs duty paid by importers on goods imported into India under a separate sum insured. If the imported goods are lost or damaged by an insured event before clearance, the insurance compensates the duty amount.

A marine insurance policy with a duty insurance cover protects both the imported goods and the customs duty paid on them. For importers who have to regularly cover the import duty on many shipments, this benefit is quite useful as it prevents a double financial burden. It compensates for the loss of goods and duty paid for unusable goods.

The duty cover can be included in the value of cargo insured under marine policies, or a separate policy can be issued with the duty insurance clause.

Read Also: How Does Marine Insurance Work

How Does the Duty Clause Work in Marine Insurance?

Duty insurance is typically an inbuilt cover or add-on bought alongside marine insurance coverage. You can get it before the goods-carrying vessel arrives at the destination port. It insures you from the loss of customs duty before your cargo is lost or damaged due to an insured peril, such as accidents, theft, fire, collisions and a sunk vessel.

Typically, the terms and conditions of duty coverage are the same as the cargo insurance. Both cover the same insured events and have the same exclusions. Duty cover is a separate sum insured over and above the basic CIF value of your insured cargo. Any claim under duty cover requires you to first file a claim under the marine insurance plan.

Example of Duty Insurance Cover

Suppose you import goods with a CIF (cost, insurance and freight) value of ₹50 lakhs. The goods have a customs duty of 20% chargeable as per current rates. To secure your shipment, you have bought a marine insurance policy with duty coverage.

Say your goods are damaged by an accidental collision with another ship at the port after customs clearance and payment of customs duty are completed. The duty insurance will cover the customs duty paid, i.e., ₹10 lakhs, after you have filed a claim.

How Does Customs Duty Work for Imported Cargo?

Customs duty or import duty is a tax imposed on goods entering a country’s borders. Customs duties are charged based on the value of the imported goods, country of origin and the materials they are made from. In India, the customs duty regulations are set by the Customs Act, 1962 under the purview of the Central Board of Excise and Customs.

Customs duties are a major source of revenue for the government as well as a way to regulate foreign trade. It also benefits domestic goods and promotes foreign relations through preferential rates. Various goods from certain countries are exempt from duty under national and international agreements and treaties.

Read Also: Import Customs Duty and Taxes in India

Customs Duty in India: Types and Rates

Several types of customs and other import levies are chargeable for all imports entering India. Here are the different duties alongside their rates:

Type of Customs Duty What It Is Rates
Basic Customs Duty (BCD) Import tax chargeable on most imported goods. The rate depends on the HS code and country of origin Zero to 100% of the goods value
Countervailing Duty Product-specific import tax applied to counter subsidies and tax advantages provided by the exporting country Zero to 12%, depending on the product
Special Additional Duty Import tax levied on certain goods to offset local sales tax or VAT Flat 4%
Safeguard Duty Temporary tax imposed on certain countries to protect domestic industries As per government notification
Anti-dumping Duty Temporary duty levied on imported goods sold below their market rates or cost of production As per government notification
Social Welfare Surcharge Additional import tax imposed on the basic customs duty of all goods Flat 10%
Customs Handling Fee Charged for customs processing and handling 1% on combined CIF value

What Does Duty Insurance Policy Cover and Not Cover?

Depending on the policy and provider, marine cargo duty insurance has the following inclusions and exclusions:

What Does It Cover?

  • Customs Duty and Other Levies: The duty insurance pays for customs duty, import tax, and other similar levies incurred before the loss of the insured goods.
  • Actual Payment: This insurance only covers actual duty paid to the customs department and not an agreed value.
  • Payable for Insured Events: Payment is made only for insured events where loss or damage to cargo is covered.
  • Duty at Other Countries: If the insured cargo passes through another country where import duty is payable, the insurance covers it in the event of loss or damage.
  • High Seas Sale: When a State Trading Corporation or other trading body conducts a high seas sale, the buyers are eligible for duty insurance coverage, provided they have an allotment letter or certificate.

What Does It Not Cover?

  • Loss Before Duty Charge: Any partial loss or total loss that happens before duty or levy is charged is not covered.
  • General Average/Salvage Charges: The duty insurance does not cover any liability for general average contributions or salvage charges for insured events happening before the duty is payable.
  • Duty Charged After Ship Arrival: A duty insurance policy must be purchased before the shipment. No coverage is offered after the carrying ship arrives at the destination port.
  • Full Duty in Case of Refunds: Any refund from carriers or other parties for duty already paid reduces the insurer’s liability.

Claim Process for Marine Cargo Duty Insurance

The claim process for a duty insurance policy for marine cargo is as follows:

1. Inform the Relevant Authorities: As soon as you are notified of the damage, inform your insurer and lodge a claim with the customs authorities.

2. Gather Evidence: If you are on the ship or at the port when the damage or loss happens, conduct a survey with the port authorities to get evidence of damage.

3. File an Insurance Claim: Once you have the required details, file a claim with your insurer as per their established claim process.

4. Submit Documents: Submit the required documents, such as policy certificate, original invoices, bill of lading or air waybill, packing list and copy of notice served by your carrier.

5. Assist with the Surveyor’s Inspection: A surveyor will be appointed to assess the damage and ascertain the insurer’s liability.

Once all verification and processing is completed, the insurer will reimburse you the customs duty you had paid alongside the cost of damaged/lost goods.

Final Words

A duty insurance policy is an inbuilt cover or an add-on that covers customs duty lost due to events like accidents, natural disasters, fire, and collisions. It’s a useful cover for businesses that regularly import high-value international goods with high duty. Since customs duty for certain goods can be substantial, this cover provides essential protection from liability and financial exposure.

TATA AIG’s Marine Cargo Policy provides comprehensive and tailored coverage for imports with features like advanced risk management and customs duty cover. Purchase our marine insurance online with instant issuance and seamless policy management. To find out how much your insurance costs, use our marine insurance calculator and make an informed decision.

Disclaimer / TnC

Your policy is subjected to terms and conditions & inclusions and exclusions mentioned in your policy wording. Please go through the documents carefully.

Frequently Asked Questions

General

Who should buy marine cargo duty insurance?

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Duty insurance is best for importer businesses that regularly bring in goods into India, especially those importing high-value goods with significant customs-duty exposure. It’s also appropriate if the port where your imports arrive has a high risk of accidents.

How is customs duty covered by a duty insurance plan decided?

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Duty insurance covers the actual duty that you have paid to the customs department to clear your imported goods. It compensates you for your actual losses as shown in the customs duty payment receipt or challan.

Do you have to pay customs duty on goods damaged during transit or at port?

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Yes, you have to pay the customs duty regardless of the state and condition of the goods received to get them cleared from the customs department. However, you can claim abatement (reduction) of duty based on the reduced value of the damaged or deteriorated goods under Section 22 of the Customs Act.

"Disclaimer: The content of this article is for general informational purposes only and is subject to change. It is based on information available at the time of writing.

Any insurance-related information given above cannot be interpreted as policy coverage. It should not be considered insurance, legal, regulatory, or other professional advice, or a substitute for the terms and conditions of your marine insurance policy.

Marine insurance coverage, benefits, exclusions, limits, eligibility criteria, and other applicable conditions are subject to the terms of the respective policy document. Please refer to the applicable policy document for complete details. Readers are advised to verify the latest information with the relevant authorities or official sources before making any decisions.

Any reference to marine insurance or TATA AIG is for general awareness only and does not constitute an offer, recommendation, or advice to purchase a marine insurance policy from TATA AIG. TATA AIG does not guarantee coverage for any specific claim, loss, damage, or situation based solely on the information provided in this article."

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