96. T Inspection on import and export commodities in China falls into two categories: statutory inspection and non-statutory inspection.

解：此题正确。我国进出口商品检验分法定检验和非法定检验两种,前者是对列入《种 类表》的商品及其他法律、法规规定必须经过商检机构或者国家商检局、商检机构检验 的商品进行的检验。后者是对除此以外的其他商品的检验。

97. F If a claim is well supported, the claimant shall pay a fine, a certain percentage of total contract value.

解：此题为错。题中指出索赔人(claimant)会支付罚金是错误的,正确的应该是被索赔 人(claimee)。在买卖合同中,索赔人通常是买方,而被索赔人通常是卖方。在国际贸易中, 买方索赔正当、及时而且材料充足、合理,能有助于及时得到赔偿,卖方赔偿的方式不只 局限于支付合同货款一定比例的罚金,一般可以按照下列方法解决索赔问题：1.同意买方 拒收货物,并按合同规定退还货款；2.根据货物的质量、损坏程度等降价处理货物；3.按 照合同中货物的规格、品质重新更换货物,等等。

98. T The main ways to settle disputes in international trade are negotiation, mediation, arbitration and litigation.

解：此题正确。在国际贸易中 , 买卖双方发生了贸易纠纷 , 应当采用友好协 商 (negotiation)的办法来解决,当协商不能解决时,在争议双方自愿的基础上,由第三者出面 从中调解(mediation),如调解失败,可采用仲裁(arbitration)的办法,由仲裁庭按照仲裁规定 和程序进行仲裁,直到做出终局裁决。如果双方当事人的任何一方不愿用上述方法,或协 商调解失败而又不愿诉诸仲裁庭,则可单方出面向法院提起诉讼。

99. F When a force majeure event takes place, the party concerned has no choice but to terminate the contract.

解：此题为错。发生不可抗力事件后,双方应按约定的处理原则和办法及时进行处理。 不可抗力的后果一般有两种:一种是解除合同；另一种是延期履行合同。究竟如何处理, 应视事故的原因、性质、规模及其对履行合同所产生的实际影响程度而定。

910. F The arbitration tribunal has the power to decide that the losing party shall pay the winning party the arbitration fee incurred in dealing with the case.

解：此题为错。有关仲裁费由谁来负担的问题,通常在合同的仲裁条款或仲裁协议中 有明确的规定。费用一般先由申请人在提出仲裁申请时预交,然后,在仲裁终结时,根据仲 裁结果确定费用的最终承担者。根据我国《仲裁法枠和枟仲裁委员会收费办法》的规定, 当事人仲裁费用的承担一般有以下两种情况：1.一方当事人完全败诉,败诉的当事人承担 全部仲裁费用。2.当事人部分败诉、部分胜诉的情况下,当事人按比例分摊。这一比例根 据双方当事人责任的大小来确定。

Ⅳ. Short questions

21. Who pays for loading for shipment under FOB?

答：The seller.

22. Who pays for unloading under CIF? 答：The buyer.

23. Compare and contrast FOB, CFR and CIF?

答：?Similarities: ①The seller?s risk will be transferred to the buyer when the goods pass the ship?s rail. ②The seller is responsible for export customs formalities while the buyer is responsible for import customs formalities. ③The buyer is responsible for unloading the goods at the port of destination. ④All three terms can only be used for waterway transportation.

?Differences: ①FOB requires the buyer to arrange and pay for the ocean transportation; ②CFR requires the seller to arrange and pay for the ocean transportation; ③CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer?s risk.

24. What are the two types of trade terms concerning the transfer of risks?

答：Shipment contract terms vs. arrival contract terms. Under shipment contract terms the seller?s risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms the seller will bear the risk of the goods until the goods arrive at the destination.

25. What are the differences and similarities between CPT and CFR?

答：?Major similarities: ①The seller should contract and pay for the major carriage. ②

The seller is not taking the risk of loss of or damage to the goods during the transportation.

?Difference: ①CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. ②Under CPT the seller?s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the

seller?s risk will be transferred when the goods pass over the ship?s rail.

26. What are the differences and similarities between CIP and CIF?

答：?Major similarities: ①The seller should contract and pay for the major carriage. ② The seller is not taking the risk of loss of or damage to the goods during the transportation. ③

The seller must obtain insurance against the buyer?s risk.

?Difference: ①CPT is applicable to any kind of transportation mode while CFR is only used for seaway or inland waterway transport. ②Under CPT the seller?s risk will be transferred

to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the seller?s risk will be transferred when the goods pass over the ship?s rail.

27. If you trade with an American, is the sales contract subject to Incoterms without any doubt? What should you do?

答：No. The Revised American Foreign Trade Definitions 1941 is still in use, especially

in the North American area. It has different interpretation about some trade terms. The traders should clarify the choice of rules before any further discussion.

28. What are the most commonly used trade terms? 答：FOB, CFR ＆ CIF.

29. Who is responsible for carrying out customs formalities for exports under an FOB contract?

答：The seller. According to Incoterms 2010, except EXW and DDP these two terms, all

the other eleven terms require the seller to handle the export customs formalities, while the buyer the import customs formalities.

210. If a Chinese trader signs an FOB Hamburg contract, is he exporting or importing? 答：Importing. FOB should be used with a “named port of shipment”, if Hamburg is the port of shipment, from the Chinese trader?s perspective, he is importing.

31. What are the four components of the standard form of a price? 答：A code of currency, a number, a unit and a trade term.

32. While making pricing decision, what major factors should be considered?

答：When a seller is setting his export prices, the major factors he has to consider include cost, anticipated profit, capability of his target market, terms of payment, competition and relationship between the exporter and the importer.

33. What are the differences and similarities between commission and discount?

答：?Similarities: Both commission and discount are used as incentive to promote transactions.

?Differences: ①Commission payment is an add-up on top of the original price, while discount a reduction; ② Commission mainly applies to transactions which involve middleperson or agent. Discount can be used without particular prerequisites.

34. When will an offer be terminated?

答：An offer will be terminated when: ①it is legally terminated (being withdrawn or revoked); ②it is not accepted by the offeree within the validity period or a reasonable period of time; ③it is rejected by the offeree; and ④some uncontrollable events happen, preventing

the offeror from fulfilling his obligations.

35. What are the possible modifications a counteroffer may make to an offer?

答：If a reply to an offer makes modifications in the following aspects, the reply will be considered as a counteroffer: ①price and payment; ②quality and quantity of goods; ③place and time of delivery; ④extent of one party?s liability to the other; ⑤settlement of dispute.

41. What are the two common ways of indicating quality of goods for export?

答：Sale by description and sale by sample are the two common ways of indicating quality of goods for export.

Sale by description is a way to specify the quality of most commodities in international trade. Sale by description may take the form of sale by specification, sale by grade, sale by

standard, sale by brand name or trade mark, sale by origin and sale by descriptions or illustrations.

A sale is made by sample when the seller and buyer agree that samples are used as reference of quality and condition of the goods to be delivered. This method is used when it is difficult to describe quality of the commodity by words. According to the supplier of the sample, there are three cases under sale by sample: sale by seller?s sample, sale by buyer?s sample and sale by counter sample.

42. What are the issues to be concerned when specifying quality clause in a sales contract?

答：When stipulating a quality clause in a sales contract, the following are to be concerned: ①adopting the right way to stipulate the quality: Sale by description is applicable to commodities of which quality can be expressed by some scientific indices. While sale by sample is adopted when it is difficult to describe quality of the commodity by words.

② avoiding double standard, either by description or by sample: When samples are

required under a sale by description, it is essential to indicate that the sample is for reference only.

③ making use of the quality latitude which allows the seller to have flexibility in

controlling the quality because absolute quality is difficult or even impossible to handle. ④in case of a sample provided by the buyer, making use of protecting clause.

43. What are the common ways to measure the weight of export goods?

答：The common ways to measure the weight of export goods include gross weight, net weight, conditioned weight, theoretical weight and legal weight.

①Gross weight refers to the weight of the commodity plus the weight of the packing.

Gross weight is applicable to commodities of comparatively low value.

②Net weight means the actual weight of a commodity itself excluding the weight of the packing. According to CISG Article 56, the weight of a commodity is calculated by its net weight unless otherwise stated in the contract.

③Conditioned weight is adopted for moisture unstable commodities with high value, such

as wool.

④The weight is a theoretical weight when the total weight of the product is calculated by multiplying the total quantity and the unit weight, rather than measured actually. Theoretical weight is applicable to commodities of standardized sizes and specifications.

⑤Legal weight is the weight of the goods including the immediate, inner, or direct packing

of the goods. According to the customs laws and regulations in some countries, legal weight is usually used as the basis for tariff calculation.

44. What are the different ways of calculating the tare when net weight is used?