A Modest, But Significant Step On China Compulsory Certificate Mark Testing And Certification by Joseph Laroski

by King & Spalding
Contact

China confirmed during the 23rd Joint Commission on Commerce and Trade (“JCCT”) that foreign-invested firms that provide third-party conformity assessment services (i.e., testing, inspection, and certification of compliance with voluntary standards and technical regulations) will be able to register in China to provide such services in relation to the China Compulsory Certificate (“CCC“) safety and quality mark. China also confirmed that China’s review of applications from foreign-invested firms to participate in CCC mark activities will use the same conditions as those applicable to Chinese domestic entities. The CCC Mark is a mandatory safety and quality mark for products sold in the Chinese market.

If China keeps to its commitments, and if non-Chinese providers of conformity assessment services persist in seeking approval to conduct CCC mark-related work, this JCCT outcome could prove highly significant for U.S. manufacturers. At present, approximately 20 percent of all U.S. exports to China are delayed by China’s CCC mark requirements. Greater foreign participation in the CCC mark process could reduce the time to market by as much as nine months.

Since August 2003, the China has required the CCC mark on 132 categories of products before they are exported to or sold in China. The requirement has been a persistent irritant in U.S.-China trade since its introduction. U.S. companies have complained about lack of clarity in the regulations, inconsistent and discriminatory application of the CCC mark requirements, and the duplicative nature of safety certification requirements, particularly for telecommunications equipment, medical devices, and automobiles.

When it joined the WTO, China committed to provide non-discriminatory treatment to majority foreign-owned providers of conformity assessment services seeking to operate in China. As of last year, however, only six foreign-owned (one U.S.-based) firms are accredited to provide conformity assessment services related to the CCC mark.

Because China requires testing for a wide range of products, and all such testing must be conducted in China, U.S. manufacturers and exporters often must submit their products to Chinese laboratories for tests that may be unnecessary or that have already been performed abroad. Greater foreign participation in CCC mark activities could significantly reduce delays, duplication, and unnecessary testing. An additional benefit for many manufacturers will be the added security gained from the use of a trusted, non-Chinese company to examine, test, and certify its products for the Chinese market.

China’s commitment on CCC mark-related work is not self-implementing. Resistance by the Chinese Certification and Accreditation Administration to further the opening of its process to foreign entities is to be expected. Accordingly, the key to enjoying the fruits of the commitments gained in this last JCCT is having more U.S. conformity assessment bodies and testing facilities submit applications to participate in CCC mark-related work, and pressing the U.S. government to quickly address any signs that the Chinese is not following through.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding
Contact
more
less

King & Spalding on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.