In 2025–2026 US duties changed several times between order and delivery. Sellers on fixed DDP prices absorbed those changes — or argued with buyers afterwards. Clear clauses avoid both.
Five clauses worth including
| Clause | What it says |
|---|---|
| Tariff adjustment | If duty applicable at entry differs from the rate assumed in the quote, the price is adjusted by the difference (or the parties renegotiate) |
| Freight surcharge pass-through | New carrier surcharges (fuel, peak season) after booking are passed through at cost |
| Refund sharing | How any later duty refunds are shared — relevant after the IEEPA refunds |
| Delay and storage | Who pays storage, demurrage and detention caused by the buyer's delivery window or missing information |
| Compliance information | Buyer provides product specifications needed for classification and agency filings |
Define the reference point
State the HTS code and duty rate assumed in the price and the date they refer to. Without a baseline, "tariff change" is open to dispute.
Consider splitting the price
Some exporters quote product price + estimated duties and logistics as separate lines. The buyer sees the components; adjustments are transparent.
This article is general information, not legal advice. Have contracts reviewed by counsel. Related: pricing DDP with a tariff buffer.