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How To Achieve Problem Free China Outsourcing. Or Not.

Posted in China Business

We are always preaching that if you 1) choose a good manufacturer, 2) use a good OEM contract, 3) engage in good quality control monitoring, and register your trademark, the odds are overwhelming that you will do just fine in outsourcing your product from China.

The odds just went down.

In 2009 and 2010 and the first half of 2011, I estimate that I would receive maybe two emails a month from someone who had sent money to a Chinese manufacturer and received no product. And of those emails, I estimate that pretty much all of them involved a relatively unsophisticated buyer who had done none of the three things listed out above.

In the last three months or so, I have received probably 4-5 emails from buyers who have been burned by Chinese manufacturers but have a very different story to tell. These buyers have been burned by Chinese manufacturers with whom they have been dealing successfully for many years. The following is a fairly typical example:

I did not receive my most recent order from ____________ Chinese manufacturer. I have been dealing with ______________ for six years and we have never had a problem like this. We have had issues with them in the past but we were always able to resolve them. Now they are not even answering their phone. They owe us around $30,000.  Can you help?

I also just received the following email:

On July 21st, you wrote an article entitled “Factory Closings in South China.  All Part of the Plan,” in which rising costs for low value added factories was cited as part of the reason for factory closings.  Lately there has been another string of articles floating around several websites about Guangdong wages increasing another 20% this coming January.  While I do realize the government often puts out feelers to see how people will react, it does seem realistic and inevitable that wages will continue to rise.
 
Two things I would love to get your opinion on:
 
1)  As a director of a company that sources “promotional items” solely in China (assuming the quantity of goods is large enough), where else can we possibly be looking?  If we only did textiles I could set up in Vietnam or in Bangladesh; but we source plastic trinkets, low-end electronics, pens, lanyards, bags, and a variety of other LOW VALUE ADDED goods.  Is our only option to keep taking the price increase until someone finally starts making plastic toys and trinkets in another country?  From my experience these China manufacturers are NOT moving inland to cheaper places in China, but are either taking the increase or shutting down.  Keep in mind 95% of the factories I’m working with are not huge Foxconn-like factories but private owned 100 employee factories.  What have you seen?
 
2)  We work with over 100 factories a year in China. I’m trying to develop a plan on “How Not to Get Caught With Our Pants Down” where a manufacturer closes and takes our deposit.  If a factory goes bankrupt I think the chances of us getting any kind of money back on a deposit no matter how well our written contracts are is low (maybe this is wrong?).  Our current plan is ‘hoping and praying’ on deposits less than $10k that wouldn’t really hurt our company, and making sure we send our QC team to visit the factory even if previously audited, for any deposits over $10k to ensure they have workers there, raw materials in storage, and are producing something. I don’t know that this plan is the most technical.
 
I would imagine many of your readers are facing similar situations.  It’s a scary time to be exporting from China.  I’m shifting my studies and free time to learning more about China consumerism these days because I believe that’s where the money is for the next decade and beyond.  I enjoyed your recommendation of Billions: Selling to the New Chinese.

I responded to this email by professing that I had no great solutions and that I would blog about it.

As for where to go, the answer is “that depends.”

As for how to prevent yourself from getting caught holding a bag when your Chinese manufacturer disappears or what to do about it when that happens, I have the following advice, none of it great:

  1. Redouble your due diligence in choosing a Chinese manufacturer. Check out the factory. Check out its company registration. Check out the rumors about it. Do whatever you can to try to gain a sense as to whether it is a company that is acting like it has a future.
  2. Reduce the size of your orders to the extent that you can. This way whatever bag you end up holding will at least be a smaller one.
  3. To the extent you can, try not to order anything in September, October or November. I have heard from a couple of clients that Chinese companies typically come up for renewal of various licenses in December and January and that they often try to hold on up until the point they are supposed to pay these. That being the case, they stop shipping a few months beforehand and then they are gone. It does seem to me that in prior years (2008 being a prime example), the number of disappearing Chinese companies increased during the end of one year and the beginning of another.
  4. Increase your monitoring of the factory to make sure your product ships.
  5. Do whatever you can to try to reduce the amount you pay upfront for your product. If you have been doing business with the same factory for five years and paying it 70% upfront, go to them and point out that you have always paid and then ask to be able to switch to a 30-70 or 50-50 payment plan.

Any other ideas out there?

  • Furniture Guy

    In answer to the first question, I agree with what this blog is always saying, which is that Vietnam and maybe Cambodia are the next logical outsourcing centers. With what has been happening in Egypt, I think we all need to be more careful about the nature of the people in the countries we outsource to and in the type of government-people relations they have.
    I think you’ve answered the second question but I will add one more thing to it: pray.

  • Calvin

    For his first question, I think the answer to outsourcing production lies in another country all together. The same thing happened with Japan and Taiwan, where the increasing middle class and rise of minimum wages made mass production in those places no longer cheaper than local western production. The solution was to move production in mainland China.
    Now, trends seem to indicate Brazil and to a lesser extent, Africa, as the new source of global cheap factory labour. China is still the worlds largest market but may soon cease to be the world’s largest producer.

  • http://www.foarp.blogspot.com FOARP

    “Keep in mind 95% of the factories I’m working with are not huge Foxconn-like factories but private owned 100 employee factories.”
    This. Lots of people talk about Foxconn (where I used to work) as if it were the pits. It really isn’t. Sure, people there work long hours, but by any stretch of the imagination it’s much better both to be a customer and an employee of Foxconn than it is to be at most of the other factories in Longhua, Shenzhen – Huawei is the only exception that comes to mind.

  • http://www.foarp.blogspot.com FOARP

    Dan, it is gratifying to see you being so up-front about how, in spite of all reasonable precautions, some people still get screwed over. Some people like to behave as if “all you need to do is X and you’re safe”, when the truth is that there’s risk in pretty much everything you do and all you can do is try to reduce and manage that risk. I’m glad to see you’re giving people the straight goods.

  • Marius

    The same will happen elsewhere. However, and this may be a very dumb remark, What happened to the letter of credit? Why not negotiate payment by LC? The firms that are planning to stay in business should not object.

  • http://www.chinalawblog.com Dan

    FOARP,
    1. I don’t think the emailer was talking about Foxconn as being the pits. I think he was saying that if it were Foxconn he wouldn’t have to worry so much.
    2. I don’t like admitting things are hopeless and I don’t like admitting that there are times when no matter what you do, things can go wrong. And I particularly don’t like admitting that we as lawyers can’t solve everything or at least greatly improve the odds of winning if something does go wrong. But there is one thing I am always telling our clients which is that we can write the perfect contract, but if the other side is a crook, you will have wasted your money on the contract. Now I guess I should add that if the other side just up and leaves, the same thing is true. We can win the lawsuit, no problem, but who cares? I find this very frustrating.

  • Richard

    When Chinese SME factories close, it tends to occur fairly suddenly because factory bosses want to get the hell out of dodge before their workers riot or they get kidnapped. When factories shut down, bosses look at a long list of interested parties that they need to placate, including creditors, local government, and upset workers. Unfortunately, small-volume foreign customers rank pretty low on the list of parties that factory bosses care about in the event of a factory closure or default scenario.
    This problem is not just confined to the 100-employee factories. There are a lot of businesses that sit between these mom-and-pop operations and Foxconn in scale–factories with anywhere from 3,000 to 10,000 workers that do plastic injection molding and other processes that are slightly more capital intensive than textiles/garments but still low-cost/labor intensive. A surprising amount of those companies are either going out of business or substantially scaling back.
    Meanwhile, a lot of these mid-size businesses are doing fine and adapting to increasing costs by investing in better machinery, higher-skilled engineers, and overall efficiency. It’s certainly true that costs are rising quickly and substantially, but far too many factories have relied solely on China’s comparative advantage of cheap labor without finding other ways to cut costs. So, I think the letter writers can take that into consideration–look for suppliers who invest in modern equipment and efficiency improvements, they are thinking long-term and hedging against increased labor costs.

  • Aladin

    Interesting topic.
    Dan, just to throw in another point of view, why this might be happening, I’ve read a great article in the TIME magazine yesterday, which is about the private lending market that is currently bursting. The author covers the topic in Wenzhou, how private lending is a common thing around all of Wenzhou businesses and the number of factories just shutting down as they can’t afford the horrible interest rates anymore:
    http://www.time.com/time/magazine/article/0,9171,2099675,00.html
    Might be another reason why it becomes tougher at the moment.

  • http://www.foarp.blogspot.com FOARP

    1. Agreed.
    2. Also agreed. To take a totally fictional example:
    Me: “This looks very risky. Don’t do it.”
    Person: “Don’t worry, we’ll use risk reduction strategy X”
    Me: “Risk reduction strategy X only reduces risk, it doesn’t eliminate it. This is like telling me not worry about driving off a cliff, because you’ve had airbags and seat belts installed.”
    Person: “We’ll take your advice into consideration”

  • http://www.enterthepanda.com Dave Jamieson White

    This situation is becoming more common, I have been contacted about this before. The situation in Wenzhou is far more prevalent in other parts of China too and needs constant attention from anyone sourcing and doing business in China.
    In my opinion, to reduce the chance of this happening to you:
    1. Make sure you have a back up supplier
    2. Perform regular due diligence on your suppliers especially before large or annual supply contracts are signed.
    3. Instruct a company to keep tabs on your suppliers and look out for the warning signs (there are many!)

  • Twofish

    I was wondering about irrevocable letters of credit myself. This may be an issue in which a banker can provide more useful products/services than a lawyer. ILOC’s are standard payment in international business for exactly this sort of situation.
    Harris: . I don’t like admitting things are hopeless and I don’t like admitting that there are times when no matter what you do, things can go wrong.
    I found this to be an interesting difference between the lawyer mindset and the businessperson mindset. Lawyers like to draft air-tight contracts, whereas business people have to be comfortable with uncertainty and risk. Things *will* go wrong. Sometimes things *are* hopeless. As long as you end up with more money that you lost, you are OK, and sometimes you want things to be messy since it keeps out competitors.
    The other thing is that contracts don’t matter as much as figuring out people.
    One other thing that is going to hurt costs is the rising RMB. One other thing is that while Africa, Vietnam will get manufacturing business, it’s going to take some time. China has lots of things that are going for it (i.e. port facilities and a decent system of education) that’s going to take time to set up.
    One place to look at is Mexico. One could also consider starting a factory back up in the US. A lot of what is going on is the result of strong US pressure to move jobs back to the US from China. If this is causing you problems (and losing more US jobs than it creates), you probably should talk with your Congressman.
    Quote: Keep in mind 95% of the factories I’m working with are not huge Foxconn-like factories but private owned 100 employee factories.
    One point here is that Chinese factories have incredibly baroque ownership structures, which in which the local government has some ownership rights especially over the land and property. If you ask “who owns this factory” you’ll often find that it’s terribly unclear, which poses a rather big problem when the factory shuts down. When a factory shuts down, the first reaction of the managers is to leave town (or run to Taiwan or Hong Kong) and then let whatever is left behind to sort out the mess.
    Aladin: The author covers the topic in Wenzhou, how private lending is a common thing around all of Wenzhou businesses and the number of factories just shutting down as they can’t afford the horrible interest rates anymore:
    There are some important parts of the story that are missing. One is the nature of the loan. If you are a shoe factory, you have a chicken and egg problem. You won’t get your money until you’ve sold your shoes, but you won’t get any shoes until you’ve paid for your workers. The banks have no clue what to do with you. So what happens is that you have this huge network of informal money-lenders that are critical for the export factories. A 5% charge doesn’t seem to be that huge to fix the chicken-egg problem. Seen in that way, the huge interests aren’t that huge.
    The loans that they give out are short term revolving loans, that are supposed to be paid back very quickly. If you can’t pay them back quickly, then you are in deep, deep trouble because the interest rate cost accrues quickly. So if you mess a few loan repayments, you are going to be so deep in the hole, that a trip to Taiwan or Hong Kong sounds like a good idea.

  • http://www.citylawtutors.co.uk/ Dennis The Law Guy

    As a law tutor who gets a lot of questions about business law I must say this blog is awesome! But what I don’t get (personal opinion, not professional) is how you say Vietnam and Cambodia are the next logical outsourcing centers? That really depends on the industry, because IT work is being outsourced to India and the Filippines on a massive scale already and with no sign of the trend slowing down. Actually, it’s accelerating because of the downturn in several major economies.

  • http://www.chinalawblog.com Dan

    @Dennis The Law Guy,
    You are absolutely right. I was referring only to manufacturing outsourcing. We have actually not seen any slowdown in IT outsourcing to China. If anything, we are seeing an increase as China gets more sophisticated in that area.

  • http://www.qualityinspection.org Renaud

    In this case (placing one-shot orders for promotional goods, spreading these orders among 100 small suppliers in China, and dealing with many different product lines), there will always be issues. The question is, how to limit their frequency and their impact?
    Successful importers of promo items are usually very organized in their buying process (approval of samples, QC inspections, etc.), but they don’t know their suppliers or even their products. Another challenge is the huge importance of timing (often at the expense of quality). Good luck with that…

  • http://www.chinalawblog.com Dan

    @marius and TwoFish,
    Good points regarding using Letters of Credit. They could prove very helpful, but since Chinese manufacturers are generally reluctant to accept them I am not sure how helpful they will be in preventing this sort of thing.

  • Twofish

    Dan: Good points regarding using Letters of Credit. They could prove very helpful, but since Chinese manufacturers are generally reluctant to accept them I am not sure how helpful they will be in preventing this sort of thing.
    If the manufacturer won’t accept a irrevocable letter of credit, then that’s a *huge* red flag that says that you should take your business elsewhere. If the Chinese exporters are under as much pressure as they are, then you should use that fact to force them to do things that they wouldn’t do before.

  • Nate

    When I was teaching English to business people, we offered classes in English about terms related to Letters of Credit, we didn’t really know what we were talking about, but the students seemed to understand it. They all said that Letters of Credit were too expensive, too much of a hassle and under certain cicumstances too risky to use for anything but extremely large orders. These were mostly people selling what they called ‘small commodities’ which included plastic trinkets, pens, lighters and what-not.

  • http://www.summitchina.ca Marius

    Twofish: My point exactly. The convergence of “guo qing” of two business cultures should not come from one side (our) only.

  • Anil Kulkarni

    I would like to import Satin & Taffeta Rolls into India . I Bank with Andhra Bank, which isa Government of India Undertaking & Governed by the Reserve Bank of India.
    I fail to understand why Chinese manufacturers will not accept an LC and require TT 50% and the balance on Bill of Lading. Why do they do this? Please advise?

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