Importing from China is not just about buying and reselling

I still receive inquiries from companies asking why a European importer must take on so many responsibilities if the manufacturer is in China.

The answer is simple: because the Chinese manufacturer is outside the direct and everyday reach of European authorities. Therefore, the company that introduces the product into the European Union becomes an essential element in ensuring its safety.

Now, it is important to clarify something: an importer does not automatically have all the obligations of the manufacturer. They have their own obligations, although some are particularly demanding.

What must the importer check?

Before marketing the product, the importer must ensure, among other things, that:

• The manufacturer has evaluated the safety of the product.
• There is sufficient technical documentation.
• The product can be identified by a model, lot, or serial number.
• The details of the manufacturer and the importer are listed.
• The instructions and warnings are in the required language.
• The product complies with applicable European regulations.
• Documentation can be provided to authorities when required.

Therefore, it is not enough to simply receive an invoice, a certificate, or a test report from the supplier and file them without more.

The importer must check that those documents actually correspond to the marketed product, that they are up to date, and that they allow for demonstrating its safety.

When does the importer become considered a manufacturer?

The importer can legally assume the role of manufacturer when:

• They market the product under their own name or brand.
• They modify the product in a way that can affect its conformity or safety.
• They present themselves to the market as responsible for the design or manufacture.

This point causes many problems. Placing a private label on a product manufactured in China is not a simple business decision. It can legally turn the European company into a manufacturer.

In that case, it is no longer enough to check what the supplier has done. The company must be able to directly demonstrate that the product has been designed, assessed, and documented correctly.

The most common mistake: blindly trusting the supplier

In practice, one of the most common errors is to think:

“The manufacturer told me that the product complies and has sent me a certificate.”

That does not eliminate the importer’s responsibility.

The certificate may refer to another model, a different sample, an earlier version, or even to a standard that is no longer applicable. It may also happen that the product finally shipped is different from the one that was tested.

When an authority detects a problem, it will typically ask the European importer:

• What checks did you perform?
• What documentation did you review?
• How did you verify the product’s identity?
• What measures did you take to control the supplier?
• How can you locate the marketed units?

Simply answering that “the manufacturer is in China” will not be sufficient.

Importing means assuming responsibility

The importer does not physically manufacture the product, but decides to introduce it into the European market and profit from its commercialization.

For that reason, they must act as a true safety filter between the manufacturer from a third country and the European consumer.

The issue is not whether the importer trusts their supplier. The issue is whether they can demonstrate that they conducted reasonable checks before marketing the product.

Conclusion

Importing from China is not just about buying, transporting, and selling.

It involves verifying the product’s safety, controlling documentation, ensuring traceability, and reacting when a potential risk arises.

And when the product is marketed under the importer’s own brand, the responsibility can be even greater: legally, the company may be considered the manufacturer.

Before introducing a product into the European market, it’s important to ask a very specific question: could we demonstrate to an authority, with documents and evidence, why we consider this product to be safe?