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Slide1 : Commercial Service U.S. Department of Commerce The Growing China Market: What It Means for American Exporters


China Overview : China Overview China’s total imports increased US$148 billion in 2004, up 36%. U.S. exports to China rose 22% to US$ 35bn in 2004 – our fastest growing export market Urban residents per capita income rose 7.7% to US$ 1,135, Shanghai is US$ 2,245 in 2004 China plans to quadruple GDP in 20 years, which implies an average 7.3% annual growth.


Slide3 : GDP Growth, 1980-2010 Copyright © 2004 by Dragonomics Ltd. All rights reserved. Avg 1980-2003: 8.3% Tiananmen Avg growth 1987-91: 6.2% Asian crisis Avg growth 1997-2001: 6.3%


The China Opportunity : The China Opportunity 320 million of China’s 1.3 billion people live in ‘urban’ areas; nearly half of China’s population is expected to live in cities by 2010 – have incomes over US$3,000 Chinese economy grew 9.5% in 2004, 9.5% in Q1 2005 China’s GDP has quadrupled since 1978. GDP is expected to further quadruple in 20 years, equaling average annual growth of 7.3%


Level of Affluence 2003 China Statistical Year Book : Level of Affluence 2003 China Statistical Year Book URBAN Car 1.4 M.cycle 24.0 W.machine 94.4 Color TV 130.5 PC 27.8 Shower 66.6 E. Cooking Ap. 101.2 Telephone 70.1 RURAL M. cycle 31.8 Color TV 67.8 (# Units / 100 households)


China Trade Trends : China Trade Trends


US Exports to China : US Exports to China


What the US Sells to China : What the US Sells to China digital integrated circuits 1,983 18.6% + soybeans 1,934 17.7% - aircraft and parts 1,560 20.5% - cotton 1,345 174.3% + auto data processing equip. 505 10.2% + machinery 504 87.6% + copper scrap 479 15.9% + wheat 460 1,207% + ferrous metal scrap 418 25.7% + non-digital integrated circuits 341 50.1% + aluminum scrap 334 47% + telecom apparatus / parts 280 35.8% + fertilizers 279 20.7% - auto parts / accessories 274 10.3% + In millions of US$ % increase from 2003 to 2004


Who’s your competition? Top 10 Economies that China buys from : Who’s your competition? Top 10 Economies that China buys from Japan Taiwan South Korea United States Germany Malaysia Singapore Hong Kong Australia Thailand


The Successes : The Successes GM sold 500,000 vehicles in 2004 in China Citigroup Insurance will open operations in 2005 Boeing will sell over $7 billion in aircraft in 2005 Illumina of San Diego sold $1.5 million of medical equipment in 2004 Parsons Kelly of Pennsylvania sold $550,000 of equipment in 2003


AmCham Survey Results : AmCham Survey Results 16% say they are “very profitable”, up from 10% last year 57% say they are profitable, down from 65% last year 23% say they are “breaking even or have a small loss”, 22% in 2003 Only 4% say they have a “large loss”, the same as in 2003 *2004 AmCham member survey results


WTO Schedule for 2005 : WTO Schedule for 2005 Telecommunications 3-G Licenses JVs in data services Financial Services – full dereg in 2007 banking, insurance, securities Trading Rights – already approved Lowering cap. req., JV’s and WOFEs Distribution Rights – due in 2004 Retail, wholesale, agents service, franchise, direct sales


WTO Schedule for 2005 : WTO Schedule for 2005 Direct Sales – due in 2004 Construction, Packaging, Entertainment Further drop in tariffs, esp. agricultural


The Bad : The Bad


Slide15 : China Dreams… Everything is possible in China, nothing is easy – McDonalds’ Theorem. Many U.S. companies have failed: over US$ 2 b in trade complaints. Why? Failure to recognize competition IPR issues Late payment or non-payment Contract sanctity Lack of effective dispute resolution mechanisms Inconsistent (unfair) application of law Insufficient due diligence by U.S. firms


WTO Compliance Problems : WTO Compliance Problems Intellectual Property Protection Weak enforcement High thresholds for criminal prosecution Low administrative fines and penalties Transparency Difficulty obtaining draft laws and regulations Inadequate comment periods National Treatment Preferential polices for domestic producers not granted to imports


WTO Compliance Problems : WTO Compliance Problems Standards Aggressive development of indigenous standards: TDSCDMA, WAPI Trade remedies Anti dumping cases Subsidy issues Services Strict licensing requirements High capitalization requirements


Things you cannot do in China : Things you cannot do in China Repatriate your profits (unless the gov’t allows you) Sell imported products directly to Chinese without a license (required to go through Chinese companies) Use direct sales as your sales channel Depending on the industry, have majority ownership in your business Operate your business when you want, you may have power black-outs dictated by the local govt


Challenges you will face doing business in China : Challenges you will face doing business in China Distribution Lack of Transparency Pricing Pressures Contract Enforcement Protecting your IP Beijing vs. Local govt authorities Huge and slow govt bureaucracy with multiple layers of govt But it is much better than it was just three years ago!!!


Economic Challenges : Economic Challenges Corruption Energy Supply Over supply/capacity Over investment in some sectors Non-Performing Loans in the financial system Unemployment, rural to urban migration Pollution control Lack of water


Weak Legal Structure : Weak Legal Structure Inconsistent application of the law by different cities or provinces. Even different ports. Domestic protectionism between provinces or cities remains a difficult barrier. Contracts are difficult to enforce. Cost of litigation is very high; penalties are low. Continued barriers in cultural and other service industries, some sanctioned by WTO Special problems with intellectual property rights enforcement: trademarks, patents, and copyrights.


To sum it up: THIS IS THE TOUGHEST MARKET IN THE WORLD TO OPERATE IN : To sum it up: THIS IS THE TOUGHEST MARKET IN THE WORLD TO OPERATE IN


Ten things to think about : Ten things to think about Know your partner. Do your "due diligence," and do it well Make certain your project is economically viable Have clear contract terms – do not assume anything 4. Know the rules; beware of offers to bend them in your favor Rule of Thumb – go back to the basics.


Ten things to think about : Ten things to think about Search for problems before they materialize Do a thorough risk analysis Mind the store Expect virulent competition, pricing pressure Watch Your Intellectual Property Rights Get paid


Slide25 : 1. Know your Partner Chinese business is in constant flux, complex business arrangements are normal What are the ownership patterns? How are the likely to shift? Avoid single sources of information. Avoid informal assurances Verify all critical information


2. Economic Viability : 2. Economic Viability Do not rely on subsidies, special considerations or non-market related criteria If partner says benefits are available, verify


Slide27 : 3. Clear Contract Terms Specify exact terms of payment Specify currency denomination Specify exact performance standards Specify time lines Beware of provisions outside your control, including visas for visits to U.S. Contracting party both willing and able? Beware of local government concessions


Slide28 : 4. Avoid Prohibited Agreements Have a good Western legal representation Local officials can offer concessions that supercede their authority Often, they will promise not to enforce laws or regulations. But, rules can suddenly be applied, sometimes retroactively WTO implementation requires many changes Must obtain all necessary approvals from local, provincial, and/or national level


Slide29 : 5. Search for Problems Create pro forma balance sheets Discuss problem scenarios with partner Discuss strategy to deal with possible problems Have dispute resolution procedures in place – international location if possible Consider potential losses


Slide30 : 6. Risk Analysis: Limit Exposure Do not modify company’s risk profile Set milestones to assess project performance Play off competitors Be patient and be prepared to wait for acceptable terms Have an escape strategy at each stage of project


Slide31 : 7. Mind the Store Projects and sales in China require constant attention Never let your partner think that you have removed focus from the day-to-day business Make sure last payments are received


8. Local Competition : 8. Local Competition Expect a Chinese competitor Chinese only know how to sell on price Their cost structure will be lower than yours If they can fake it, they’ll make it


9. Protect Your Intellectual Property : 9. Protect Your Intellectual Property China is the base of the world’s IP piracy problem There is very limited enforcement of IP laws High thresholds for prosecution Low fines for being found guilty All categories of products are being pirated: CD’s, lighters, auto parts, shoes, pharmaceuticals, pumps, motors, consumer goods, and even entire cars Estimated as a US$50 billion global cost and a US$23 billion US problem


Slide34 : 9. Protect Your Intellectual Property Trademark – Register your trademark even before you enter the market. You must file with SAIC to receive protection. Also, notify Customs Copyright – advisable to register in China though also receive protection through the Berne Convention under TRIPS agreement. Patent – must file with SIPO to receive protection. Also, notify Customs.


IPR Toolkit : IPR Toolkit The US Embassy in Beijing has an IPR Toolkit website Address: www.usembassy-china.org.cn/ipr/


Best Prospects for US Companies in China : Best Prospects for US Companies in China Agro-Chemicals Pesticides and Fertilizers Airport & Ground Support Equipment Have +140 airports today, going up to 240 by 2010 Aircraft Components Buying 700 new commercial aircraft in the next 5 years Go after Boeing & Airbus subcontracts China is building their own regional jet Auto Components In 2005, will build 5 million vehicles


Best Prospects for US Companies in China : Best Prospects for US Companies in China Coal Mining Equipment 75% of electricity is generated by coal, will be going up to 85% in the next 7 years Computers and peripherals Commodities Minerals Agriculture Scrap Construction Equipment Building boom going on in China 2008 Olympics, 2010 World Expo, 2010 Asian Games


Best Prospects for US Companies in China : Best Prospects for US Companies in China Cosmetics and Toiletries As income has risen, so have sales Education and Training 10% of income is spent on education E-learning Environmental Protection and Clean-Up Water, solid waste, medical waste Scrubbers, de-NOX, de-SOX Financial Services Banking, Insurance, and investment vehicles open up to foreign investment Credit Cards


Best Prospects for US Companies in China : Best Prospects for US Companies in China Franchising Food and beverage are doing well Starbucks, KFC, McDonalds, Schlotsky’s Integrated Circuits & Semiconductors Machine Tools Medical Equipment 70% of medical devices are imported


Best Prospects for US Companies in China : Best Prospects for US Companies in China Nuclear Power Start building 30 new reactors over the next 15 years Oil & Gas Exploration & Processing Equipment Pipeline and Storage Compressors Offshore Exploration Equipment Retail Wal-Mart, Office Depot, Home Depot, Ikea


Best Prospects for US Companies in China : Best Prospects for US Companies in China Software Specialty software is 70% imported Telecom 3G applications Equipment Wireless LAN On-Line Gaming


Slide42 : Commercial Service Offices in China


CS Offices in China : CS Offices in China Beijing 31st Floor, North Tower, Beijing Kerry Center, No. 1 Guanghua Lu Beijing 100020, China Tel: (86-10) 8529-6655 Fax: (86-10) 8529-6558/9 E-mail: Beijing Office Box Hong Kong 26 Garden Road, Hong Kong Tel: (852) 2521-1467 Fax: (852) 2845-9800 E-mail: Hong Kong Office Box Chengdu 4 Lingshiguan Lu, Renmin Nanlu Section 4 Chengdu, Sichuan 610041, China Tel: (86-28) 558-3992/9642 Fax: (86-28) 558-9221/3520 E-mail: Chengdu Office Box Shanghai Shanghai Center, Suite 631 1376 Nanjing West Road Shanghai 200040, China Tel: (86-21) 6279-7630s Fax: (86-21) 6279-7639 E-mail: Shanghai Office Box Guangzhou 14/F China Hotel Office Tower, Room 1461 Liu Hua Road Guangzhou 510015, China Tel: (86-20) 8667-4011 Fax: (86-20) 8666-6409 E-mail: Guangzhou Office Box Shenyang 52 Shi Si Wei Lu Shenyang, Liaoning Province 110003, China Tel: (86-24) 2322-1198 ext. 189 Fax: (86-24) 2322-2206


Slide44 : What the CS can do for you Market Research Find and vet partners and distributors Background checks on potential partners, clients, distributors, etc. Set up government appointments Trade Shows – American Pavilions Advocacy for tender selection Intercede when having difficulties Facilitate with Ex-Im Bank, TDA, and Development Banks


Slide45 : www.export.gov Tel. 1 (800) USA-TRADE www.buyusa.gov


Thank You & Good Luck! : Thank You & Good Luck!