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Does a letter of credit really protect an importer in China?

  
  
  

letter of creditWe were exhibiting on a Hong Kong trade show this week, and I got to talk with many importers. I noticed that some new buyers hold the misguided notion that a letter of credit protects the importer.

For example, I asked one purchaser "do you already do some quality control?", and he replied "no need, we pay by letter of credit". I had to explain that the letter of credit triggers payment before he can see the products, so he'd better have someone check them before shipment.

Generally speaking, a letter of credit does protect an importer of China-made products, especially if he takes the time to list out adequate requirements.

How does a letter of credit work?

Basically, a letter of credit triggers payment to the exporter only after certain pre-determined documents have been sent to the bank.

For example, if the quantity of products shipped out (as seen on the packing list and on the bill of lading) is outside the tolerance set in the letter of credit, it causes a discrepancy. In this case, the importer has the choice to accept it (in which case he can receive the shipment, and the supplier gets paid) or to refuse it.

Therefore, the buyer does not (usually) need to wire a cash deposit that gets him "hooked" to a potentially unethical Chinese supplier. The importer keeps the freedom to refuse the products (and cancel the payment) if at least one document is either missing or not conform.

The two major risks to keep in mind

First risk: receiving defective or substandard products.

The solution: ask for a certificate of inspection, issued by the quality assurance firm of your choice.

Second risk: the supplier can cancel the order anytime (this usually happens only if they have not purchased the materials yet, or if they can use/sell the products with another customer).

The solution: choose your suppliers wisely, start small with first orders, and keep some flexibility in your plans.

Comments

The many different articles in this entire Blog site is the best and most accurate picture I have ever seen in respect of importing from China. 
 
I have credentials to make that statement in the sense I have been buying from China ever since it first opened up some 25 years ago and in the sense that much of my spare time is put to moderating one of the world's larger B2B Forums trying to keep newbie China importers out of trouble. 
 
Well done! 
 
To get on Topic re L/Cs, it is possible to incorporate a term in an L/C to the effect that a satisfactory pre-shipment inspection must be included in the documents presented to one's bank as a condition of payment. 
 
Such term needs very careful and exact wording (pre-agreed with the Supplier of course). 
 
Otherwise, as the author correctly pointed out, the Supplier could load your container with old house bricks instead of your valuable widgets. 
 
On balance, a series of full and proper inspections (firstly, to verify a new Supplier and its QC systems before any order is placed and secondly during the production run and lastly a pre-shipment check) is far more practical and generally much less costly than the best worded L/C.
Posted @ Tuesday, November 30, 2010 1:17 AM by Tony Johnson
Hi Tony, thanks a lot for the nice comments. Really appreciated. 
And I agree with all your points. Very true. 
In my view, the primary function of an L/C is to avoid losing the cash deposit. For other objectives, better tools are at the buyer's disposal.
Posted @ Tuesday, November 30, 2010 1:29 AM by Renaud
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