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Q&A The Commerce Department's Craig Allen
Provides an Overview on Doing
Business in China

     Craig Allen, senior commercial officer and minister counselor for commercial affairs for the U.S. Commercial Service office in Beijing, reviews Frequently Asked Questions that are included on the export.gov/china Web site. Prior to assuming his current post in 2003, Allen served as senior commercial advisor for the National Center for Asia Pacific Economic Cooperation (APEC) in Seattle, Washington. Prior to that, from 1995 to 2000, he served as the commercial counselor at the U.S. Embassy in Tokyo, Japan. From 1992 to 1995, he served as commercial attache in Beijing.

How do I locate the import tariff applied to a particular product?
     The U.S. government provides a database that U.S. exporters may use to identify import tariffs applied by nearly 50 countries. China's tariff rates may also be found at the Asia Pacific and Economic Cooperation's tariff database at www.apectariff.org

What method of payment is recommended for exports to China?
     The most secure method of payment is a letter of credit confirmed by a U.S. bank. Although the Bank of China dominates China's trade-finance business, most Chinese commercial banks have the authority to issue letters of credit for imports.

Where can I find trade statistics?
     The U.S. Commerce Department provides a trade statistics database that may be searched by industry sector or country of destination. The China State Statistical Bureau is the authoritative source of trade statistics collected by the Chinese Government.

How can I identify a prospective Chinese buyer or sales agent?
     The U.S. Commercial Service offers an International Partner Search service that can help new to market companies identify a prospective Chinese buyer or sales agent.

How can I check the background of a Chinese company?
     Undertaking a due diligence investigation prior to engaging in a trade transaction can minimize the risk of encountering commercial disputes. The U.S. Commercial Service provides a service to conduct a preliminary background check. The U.S. Commercial Service also can refer your company to other service providers in China.

How can I identify the best trade shows in China?
     Each year hundreds of trade shows are held throughout China. Visit the Events page at www.export.gov/China to identify trade shows that are supported by the U.S. Department of Commerce in China, or view other trade shows featured at the bottom of the industry sector overviews page.

How can I determine the best export prospects for China?
     The U.S. Commercial Service identifies best U.S. export prospects on an annual basis. The export.gov/china Web site includes reports on the leading industrial sectors.

How can the U.S. government help my company compete for major projects in China?
     Your firm can reap the most benefit from contact with the U.S. Department of Commerce's Advocacy Center at the earliest stages of a project. Early expressions of interest by an overseas government ministry or agency, followed by your company's expressions of interest, often help shape the tender specifications and can improve your chances of winning a tender. When your efforts are combined with U.S. Government advocacy, the prospects of winning improve even more.

How can I find business service providers in China?
     China's system for regulation of foreign commercial activity is difficult to navigate and non-transparent. Companies new to market are strongly encouraged to retain professional services to structure commercial transactions. U.S. exporters may locate an extensive list of American business service providers in China by referring to the back section of "Contact China," a useful guide to exploring export opportunities in China. The guide is published each year by the U.S. Department of Commerce's U.S. Commercial Service.

How do I protect my company's intellectual property rights in China?
     Despite progress towards improving its intellectual property legal and regulatory regime, China continues to be a challenging environment for IPR protection and enforcement. To learn more about how your company can protect its intellectual property, review the Intellectual Property Toolkit, published by the U.S. Embassy in Beijing.

How can the U.S. Government help me resolve a commercial dispute?
     The role of the U.S. government in resolving commercial disputes is to help companies navigate the Chinese legal system, provide a list of local attorneys, and share basic information on potentially applicable trade agreements and Chinese business practices. The U.S. government is not authorized to provide legal advice. American companies that have disputes with private Chinese firms often request U.S. Government intervention with Chinese authorities on their behalf. Such intervention is rarely appropriate unless the company has exhausted all remedies under China's legal system.

How do I set up a representative office in China?
     Establishment of a representative office has become the most common means of establishing a long-term presence in China. Chinese law restricts the scope of activity undertaken by such offices to "indirect business activity." A representative office may act as a liaison with Chinese contacts, implement contracts signed outside China by the home office, and undertake market research. Such offices may not engage in trade, receive fees for service, sign contracts or directly generate income.

How can the U.S. Commerce Department help a Chinese citizen obtain a visa to visit the U.S for business purposes?
     The Commerce Department has no official role in the visa application process. Commercial officers do not have authority to schedule visa appointments, provide letters of referral, pass documents to the Consular Section, expedite visa application review, or inquire about the basis of visa referral. Check the U.S. State Department Web site for more information about the visa application process.

How do I apply for a visa to visit China for business purposes?
     Information provided by the Chinese government on its visa application process is available online at www.china-embassy.org/eng

More information about exporting to China, including links to the resources discussed by Craig Allen, is available online at www.export.gov/cnusa



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