The New York Times has an excellent article on doing business in China. The article is entitled, “New Path for Trade: Selling in China,” and it is replete with good advice. Except mine.
Let me explain.
The article is on selling goods in or into China and it talks of the great opportunities there and of how to do it well. It presents the following good advice:
- Bilingual is not bicultural. Lou Hoffman of The Hoffman Agency notes something I am always saying: do not mistake language for culture. Someone can speak your language and still have no clue about how you want to conduct your business.
- Let others open the door. Ric Cabot of Cabot Hosiery Mills/Darn Tough Socks tells of how his company “edged into the Chinese market” by testing it with a Chinese distributor. “But if it gets to the point where we see we’re leaving too much money on the table, we might consider doing something different.”
- Don’t get knocked off. Earl Kluft, owner of E.S. Kluft & Company talks of the knock-off problems his company had in its first foray into China and of how things are going better this time due to a better a better China-based partner. Kluft found its new partner “through a friend” and with that partner it has “cautiously re-established a sales channel with minimal upfront investment.” The Chinese partner pays royalties and is able to buy Kluft’s mattresses at “a special discount.” I then chime in, advocating finding “reliable partners on the ground…. through people you know, and then pay for whatever due diligence is necessary to make sure that you have made the right choice.” And to do all of that “before you start doing business with them.”
- Look locally before leaping. The article talks of how some states have government-run international trade programs that offer counsel. Samar Ali, Tennessee’s assistant commissioner of international affairs then discusses the sorts of issues his group raises with those seeking to do business with China. “We’ll help them see if there’s a need for their product in China and to think it through: Do they need to set up a WFOE? Do they need to have a presence or not? Should they go the e-commerce route? And tell them how much they should budget going forward.” This assistance includes help with business-to-business matchmaking through already vetted Chinese companies.
- Set up shop as a WFOE. The article notes that “it is possible to scout opportunities with a so-called rep office and to do business in China by selling through distributors or by licensing products to a Chinese company, most American businesses that are serious about selling in China invest the time and money to establish themselves as a wholly foreign-owned enterprise, or what is known as a WFOE (pronounced WOOF-ee).” It then adds this: “We do probably 100 WFOEs for every rep office,” said Dan Harris, a lawyer with the Seattle firm Harris & Bricken who writes a blog about Chinese law and business.
What I do not like about this is that I am concerned that it will be read as my saying that setting up as a WFOE is virtually always the best way to sell to China and I did not say that because I do not believe it. I was asked about what it takes to set up a company in China and what sort of entity usually makes sense. To that, I unequivocally answered with “WFOE.” But what I was not asked was whether one can or should consider selling to China without any entity at all and had I been asked that, I would have unequivocally answered, “yes, that is often the best way so long as it is possible.
We are actually big believers in getting product into China via distributorship or licensing arrangements:
- Getting Your Product Into China Via Distributorship. A Legal Piece Of Cake.
- Selling Your Product To China Through A Distributor. Just The Basics.
- China Technology Licensing. Sometimes It Makes Perfect Sense.
No wonder I use words like “slog” and “excruciating” and “unending” to describe to our clients what it is going to be like as we secure their WFOE registration in China.
And think months, not weeks, to get all of the paperwork approved. “In China, you can’t do anything last minute,” said Savio S. Chan, president and chief executive of U.S. China Partners, which is based in Great Neck, N.Y., and which helped Vision Quest move its light fixtures out of regulatory limbo. “It can easily take up to six months to set up a WFOE.”