To make sure your products comply with European safety regulations, the solution is to use a third-party company to carry out the laboratory tests.
Testing is crucial when importing items from China, but you also need to know when the time is right to test your products and how you should handle a failed test.
To verify whether an item complies with one or more directives, laws or safety regulations, there are specific tests to be carried out depending on the product we want to import. Here are some examples:
- Substance testing (e.g. bisphenol A or REACH compliance testing)
- Electrical safety tests (e.g.: compliance tests for the EC Low Voltage or Electromagnetic Compatibility Directives)
- Mechanical and physical tests (e.g. ASTM strength tests and conformity tests)
First, you need to determine which product regulations apply to your items.
Why Do You Need to Test Products When Buying Items from China?
Most Chinese suppliers are unable to comply with European safety regulations. However, even if you buy from a supplier who can amply demonstrate prior compliance, this does not guarantee 100% that the batch of goods you purchased complies with regulations. Manufacturing is not a science and things sometimes go wrong, as I will clarify later in this article.
For these reasons, testing products is the only way to verify that your items comply with the safety regulations in force in Italy. Many importers believe that the assurance of conformity should be the responsibility of the supplier, not their own. While I could agree that it would be ideal if all Chinese manufacturers could ensure compliance with regulations, this is not the specific case.
Finally, it is the responsibility of the importer and not the supplier to ensure compliance with the directives. Non-compliant items are subject to seizure and may be confiscated by customs authorities upon arrival. If someone gets injured, you will also be forced to pay them damages.
Some regulations, such as the CPSIA in the United States, also require the buyer to issue a certificate of conformity based on the test reports. Therefore, testing is not only a method of demonstrating compliance with regulations, but is mandatory for some products. We will look at the legal requirements later.
How do I know if my products need to be tested?
You must first determine what regulations apply to your products. Remember that a product can be regulated by more than one directive. Take, for example, the activity tracker with Bluetooth. An importer based in California (I repeat: this is just an example) must ensure compliance with the following regulations:
- California Proposition 65: Applicable to silicone bracelet
- UL: Applicable to electrical parts
- Bluetooth Transmitter: FCC – Part 15
Therefore, the activity tracker with Bluetooth imposes three certification procedures (even though UL is not legally required), none of which are free. If you have a small budget, limit yourself to components, materials, and items that are already certified.
Some legislation, such as REACH, regulates groups of substances, rather than individual substances. This makes it a little easier for importers to ensure compliance with regulations, as you only have to refer to uniform regulations.
The company in charge of testing and certification will then do the rest, since it already knows the substances to be controlled. The same thing applies to directives such as CE and ASTM that have nothing to do with substances because they concern the many aspects of a product.
However, some regulations apply to individual substances rather than groups of substances. In these cases, the importer must draw up a list of potential substances before the submission of samples, rather than relying on a comprehensive directive.
Is it the law that requires third-party companies to test products?
Yes, in some cases you need to show the customs authorities a test report, or a certificate of conformity (which can be based on the product test reports). We have received reports of shipments of goods being denied entry by customs authorities, both in the United States and the European Union, because importers have not produced the required documents.
That said, currently, third-party company test reports are not required for importing most products. But this does not mean that compliance with regulations is optional. You are still legally required to ensure that your goods are compliant, even if the test reports are not part of the standard import documentation.
Authorities in many countries, including the CPSC in the United States, may require documentation from third-party companies proving compliance with regulations weeks or even months after the date of arrival of the goods.
In the European Union, companies are legally required to demonstrate compliance with REACH within 45 days, if required by a government authority or even a customer!
After this period, you should be sure that the imported items comply with the directives, otherwise you may be forced to withdraw the goods from the market immediately. That’s why it’s crucial to receive the test report from a third-party company, even if this document isn’t legally required.
Find an accredited laboratory
Don’t expect local authorities to accept test reports or product test reports issued by just any company. In China and other Asian countries, there are plenty of unscrupulous vetting companies that sell fake compliance documents. There are also many suppliers who counterfeit test reports and product tests on their own.
Considering all this, it is not difficult to understand why the authorities only accept compliance documents issued by accredited laboratories. Lists of these laboratories are usually found on government or industry websites.
However, an accredited laboratory is not necessarily a European laboratory. All the large companies that deal with the controls, including SGS, Bureau Veritas and TÜV, have facilities in Shanghai, Hong Kong, Shenzhen and Guangzhou.
The costs of the tests
With rare exceptions, Chinese manufacturers always demand that the importer pay for conformity tests. Buying from China is, essentially, like flying with a low-cost airline: no extras are included. This applies not only to compliance testing, but also to equipment, product development and quality controls.
The cost of a product test can range from about 8 Euros, for individual electrical components, to tens of thousands of Euros for more complex verification programs. However, the costs of testing depend mainly on three factors:
- Number of SKUs
- Number of applicable regulations for each per SKU
- Number of items, colors, and materials for each SKU
Therefore, testing products made from only one material (e.g., PP plastic rope) is less expensive than products made from several materials (e.g., jewelry).
Product testing in four points
Now that you have an idea of why product testing is necessary when importing goods from China, it’s time to look at the practicalities. There is nothing certain in international trade. Instead, it’s all about risk management, as described in the four steps of the following process.
1) Confirm applicable product regulations and regulated substances (Critical)
Before placing an order, you must confirm the applicable law or directive. As we have already explained, there are numerous regulations that apply to different products. Of course, the various countries and markets have their own directives, so American regulations do not apply in the European Union and vice versa.
You should also check that your supplier can demonstrate prior compliance, as most Chinese manufacturers fail to comply with regulations and directives governing foreign products. Not sure how to find suppliers in China that comply with regulations? Click here for more information.
2) Test product samples (Of significant importance)
Even if your supplier can demonstrate prior compliance, test reports only refer to a specific batch of items. Prior compliance does not mean that you will be able to comply with regulations in the near future.
Therefore, it is often crucial to verify that your prototype or sample product complies with the applicable regulations before you pay the money necessary to start mass production.
However, all of this is only valid if the mass-produced item is made from the same materials and components as the sample product. Otherwise, you may end up with a non-compliant item even though the pre-production sample has passed testing.
3) Examination of raw materials (Of little importance)
Most Chinese manufacturers only purchase materials and components after receiving deposit payment from the buyer. Verifying that incoming materials and components are compliant is a good way to avoid contamination and to replace non-compliant materials before it is too late.
However, this will stall production for 10 to 14 days, as assembly cannot begin until the results are in. Adding an additional third test is often too expensive for most small businesses buying from China. You should also note that, at this stage, testing is not applicable to certain directives and regulations, including EC and FCC, as these only apply to finished products, rather than substances.
4) Sample batch testing (Fundamental)
Once the assembly is complete, it is time to check that your items comply with the regulations. However, I recommend that you do not have your supplier deliver the samples to the testing company themselves.
There is always a risk that the supplier may submit samples that do not represent the actual products (e.g., they may submit compliant samples, while the actual items are not). The best way to solve this problem is to instruct a quality inspector to collect and send the samples.
Testing the samples usually takes one to two weeks. What’s really important at this stage is that you don’t pay the final balance until you receive the test result. If the items are found to be compliant, then you can go ahead and pay the money still owed to the supplier.
What happens if the test result is negative?
Test reports are not always positive, unless they are drawn up by one of those accredited companies I mentioned earlier in this article. Every once in a while, suppliers fail to ensure compliance and create a batch of items that are virtually worthless. For most small businesses, this is a disaster.
In order not to lose too much, it happens that suppliers offer a discount to the buyer. Paying a supplier too far in advance means discouraging him from finding the solution to a problem.
Thinking that a provider can refund the deposit amount is unrealistic. In most cases, the only solution to consider is to ask the supplier to reproduce, in part or in full, the non-conforming goods.
However, a partial remaking of the items is only an alternative in case the goods can be brought up to standard by applying minor adjustments. All this is actually possible if grinding means replacing some electrical components or mechanical parts.
However, if the goods contain excessive amounts of regulated substances such as lead and cadmium, these small adjustments will not be able to make the items compliant with the regulations. In this case, you must have the goods reproduced “from scratch”.
Need help importing products from China?
Our agency can offer you professional 360° import advice and can assist you at every stage of your project!
Rely on the experts at ImportazioneFacile.it, they will support you step by step by putting their many years of experience at your service, to face all the possible pitfalls that lie behind an import.
Fill out the form to get a free consultation now, describe your project and they will contact you to evaluate the best way to make it happen!
