China Sourcing Concerns

Some Concerns About Sourcing From China.

The following are a list of some of the more common questions people seem to have regarding trading with China. I have sought to answer them as directly and frankly as I can.

Why am I worried about sourcing from or manufacturing in China?

Firstly, if you aren't concerned, you might as well open your window, set fire to your money, and start shoveling it out of the window into the street. There is risk in anything we do in the world of business, and to think otherwise is to fool oneself into a false sense of security. Moreover, to believe that one can safely self-source from China is equally as absurd and dangerous. Your concerns are valid, as they would be even if you were sourcing from Israel, Portugal, or any other country; and trading or dealing with China is no different. China has its' own set of cultural and business subtleties and values, to which you as a foreigner or someone unaccustomed to dealing with China, may be totally oblivious to; but to someone such as myself, having lived here for 11 years, are not lost to me. And it is precisely for these reasons that you need someone here you can trust, who is culturally familiar with those nuances of business and social culture, and who can operate in and on your behalf.

What about quality? Isn't China famous for producing poor quality goods?

That may well have been true at one time. However, you need to ask your self whether you're happy with the quality of your iPhone? Because Apple have been producing in China for a number of years, along with a plethora of other famous High Street brands. Of course, that isn't to say that quality doesn't or can't suffer. It does, as with anywhere else in the world. However, if you ensure that random quality checking is employed before the goods leave port, then one can drastically mitigate this risk. Furthermore, when once you develop a successful long-term relationship with a manufacturer, they will understand the benefits of not cutting their own throats. To my mind, one of the reasons China has gained its' reputation for poor quality, is also in part due to a failure of buyers to perform the necessary due diligence and oversight that they should. However, allow me to reiterate a point I've just made: Sound partners, and a representative presence in Mainland China, able to perform your due diligence, and maintain an oversight of quality, plus developing your long-term relationship with the producer, will go a long way towards drastically mitigating the issue of poor quality to a level acceptable in the West.

So, how many people will have their fingers in my, production and purchasing, pie in China?

Well, the people, or groups involved could be as few as one, if your goods are coming from one of the larger companies, such as TsingHua TongFang, whom I represent as Agent to Africa, Europe, and North America; or they could be several, for one of the smaller companies. Of course, the amount of fingers in the pie will play a very definite role in the cost of your goods, and sometimes even the quality. However, the role of 'GuanXi', or what we would term 'relationships', plays a significant role in Chinese society at all levels, and particularly in business; as it has done for several thousand years, and the power of which shouldn't be ignored or underestimated, and which is an unavoidable necessity and phenomena. This is a deeply ingrained and necessary interpersonal skill, and which is tightly bound and woven into the fabric of the Chinese psyche. I'm sure that should you check your own embassy websites in China you will come across the term 'GuanXi' several times. No 'GuanXi', no help! It is precisely for this reason, that should you intend doing business in, or with, China, you need a mediator to act as a conduit to facilitate smooth and safe trading. Your conduit can form relationships on your behalf, that you are unable to form due to geographical distance, language, and cultural distance. You scratch my back, and I'll scratch yours; is precisely how it works in China.

What if my goods aren't delivered on time or the quality isn't what I requested?

Well, in that case we incorporate into the contract CIETAC's model arbitration clause.  

NOTE: CIETAC (China International Economic and Trade Arbitration Commission (A government department and Part of MOFCOM - The Chinese Ministry of Commerce).  

Here's the clause:

Model Arbitration Clause 

For an arbitration to take place, the disputing parties must reach an agreement in writing to submit their dispute to arbitration. This agreement may be made by incorporating an arbitration clause into the commercial contract or may be concluded after a dispute arises. 

The CIETAC recommends the following model arbitration clause to both Chinese and foreign clients:

"Model Arbitration Clause(1)

Any dispute arising from or in connection with this Contract shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

Model Arbitration Clause(2)

Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC)___________Sub-Commission (Arbitration Center) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties."

The parties may also stipulate the following matters in the arbitration clause:

• the place of arbitration and/or hearing;

• the language of arbitration;

• the number of arbitrators;

• the nationality of arbitrators;

• the method of selection of arbitrators;

• the applicable law of the contract; and/or

• the application of general procedure or summary procedure.

SOURCE: www.cietac.org

The same clause can be used for the safety of your financial transaction, in addition to opening a Letter of Credit (L/C) rather than a Telegraphic Transfer (TT) of funds. 

Of course your letter of credit can dictate additional terms before funds are released; these terms can be specifically directed at shipping windows and parameters, levels of acceptable quality, processing of any and all necessary certificates and forms, proper and correct carton and packaging markings, and any necessary Electronic Data Interchange (EDI) Standards compliance. Consequent to which, should the terms not be met as defined in the terms of the contract and in the letter of credit, then it will be up to you to decide or determine whether the funds be made available to the seller. 

That's it for today.  

Safe Trading!