Tariff shocks.. Regulatory whiplash.. Unexpected duties throwing your landed cost models off balance.. Sound familiar..??
Today, tariffs have become less of a background noise and more of a headline disruptor.. Whether driven by geopolitics, expiring preferential regimes, retaliatory levies, or shifting alliances, the volatility in tariff regimes is pushing businesses to rethink how they contract, ship, and structure cross-border deals..
At HM Business Solutions, we are seeing more clients grappling with one key question:
How can I manage my exposure to sudden tariff changes without rewriting my entire supply chain..??
One of the answers to this question, surprisingly, may lie in a tool many businesses already use, but do not fully leverage: the Incoterms® 2020 rules..
Published by the International Chamber of Commerce (ICC), the Incoterms® 2020 rules define the responsibilities of buyers and sellers in international contracts for the sale of goods.. They set out who does what, who arranges transport, who should handle export or import clearance, and, crucially, who pays the duties/taxes..
While Incoterms® do not dictate tariff rates or customs policy, they directly impact who bears the cost burden when those policies change.. In a world where tariff announcements can land overnight, having a clear contractual structure matters..
Tariff risk by Incoterm: Who pays what..??
According to ICC’s April 2025 Guidance Note, there is a straightforward matrix that businesses should understand:

DDP is the only Incoterms® 2020 rule where the seller assumes responsibility for tariffs, duties, and import clearance.. In all other rules, the burden lies with the buyer..
This single shift, say, moving from DDP to DAP, can significantly reduce the seller’s exposure to future tariff hikes.. Conversely, buyers who want to lock in landed costs might prefer DDP, albeit at a higher price..
Practical steps for volatile tariff climates
So how can businesses use Incoterms® proactively in their contracts..?? Here are some tactical approaches drawn from ICC’s guidance and our own advisory practice:
- Review your default Incoterms® to ascertain if you are exposing yourself unnecessarily to import tariffs you do not control..??
- Shift to flexible terms like DAP to isolate duties from your pricing structure..
- Trigger renegotiation clauses in contracts where tariffs materially impact the cost structure mid-stream..
- Educate cross-functional teams—especially legal, procurement, and logistics—on the implications of each Incoterm®..
- Document payment responsibilities clearly in commercial contracts, not just on the invoice..
Conclusion: Build tariff resilience into your trade contracts
Incorporating Incoterms® 2020 rules is not merely about choosing whether to use CIF or FOB.. It is about aligning risk ownership with your broader pricing, compliance, and operational strategy.. When used correctly, Incoterms® can offer your business a layer of insulation against the unpredictable nature of tariffs..
But knowing the rules is not enough, you must apply them strategically..
Need help navigating tariff risk and Incoterms® in your contracts..??
At HM Business Solutions, we help exporters, importers, and logistics service providers build smarter, risk-aware supply contracts.. Whether you are reviewing trade clauses, renegotiating delivery terms, or redesigning your compliance workflows, our services can give you the clarity and control you need..
🔹 Contact us today to book a consultation..









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