China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

How to Spot Fraud and Default When Purchasing Steel from China?-CTD 101 Series

Fri, 09 Dec 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

A number of customers have been defrauded in the purchase of steel from China.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

On the one hand, China is the world’s largest steel exporter. China’s exports represented about 15 percent of all steel exported globally in 2019. The volume of China’s 2019 steel exports was almost double that of the world’s second-largest exporter, Japan.[1]

On the other hand, customers from the United States to Nigeria, and from the United Arab Emirates to Brazil, have complained about being defrauded, or at least default, in purchasing steel from China.

There is a common characteristic in all these transactions: the Chinese exporter is only a steel sales company.

Normally, steel sales is the only registered business of this kind of exporter and their office space is usually in an office building, which implies that they have no factories and manufacturing capacity.

It would be better if they were trading agents for certain steel mills, for at least they have stable suppliers.

But in most cases, exporters may not buy products in China’s open market until receiving the deposit, which means the supply chain is less reliable.

Steel price in China shows great fluctuations, which would disrupt the supply chains of these exporters.

The price of iron ore and the supply of coal fluctuate constantly, which causes fluctuations in the manufacturing cost of steel accordingly.

The Chinese government is also adjusting its support for infrastructure, resulting in relentless changes in domestic demand and the price of steel.

If the Chinese exporter does not have a stable supply chain, it is likely that the price agreed upon before is not enough for him to buy steel, after receiving your deposit, at a reasonable price in the changing market.

In this case, he will either keep asking you to increase the payment, or deliberately delay delivery. In short, your deal will be messed up.

So, how can steel buyers avoid such fraud or default?

You’d better conduct due diligence on the Chinese exporter beforehand to determine whether it is only a sales company or an affiliate of a steel mill, for the latter could ensure a more stable supply chain.

You need an agent in China to help you urge the Chinese exporter to stock goods as soon as possible and to do an inspection before shipment.

You can also ask the actual controller of the Chinese exporter to guarantee the transaction so that he cannot be exempted from liability under the pretext of the limited liability of the company.

Of course, if the costs are manageable, you can also ask the Chinese exporter’s bank to guarantee the deal.


[1] https://legacy.trade.gov/steel/countries/pdfs/exports-china.pdf

 

 

* * *

Do you need support in cross-border trade and debt collection?

CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: 
(1) Trade Dispute Resolution
(2) Debt Collection
(3) Judgments and Awards Collection
(4) Anti-Counterfeiting & IP Protection
(5) Company Verification and Due Diligence
(6) Trade Contract Drafting and Review

If you need our services, or if you wish to share your story, you can contact our Client Manager Susan Li (susan.li@yuanddu.com).

If you want to know more about CJO Global, please click here.

If you want to know more about CJO Global services, please click here.

If you wish to read more CJO Global posts, please click here.

 

 

Photo by Max Zhang on Unsplash

Contributors: Meng Yu 余萌

Save as PDF

You might also like

China Revises National Defense Education Law

In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.

China Updates Regulation for State Secrets Law

In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.

China Issues Regulation on Rare Earth Administration

In April 2024, China introduced its first comprehensive regulation on rare earth management, addressing production, circulation, and reserves to ensure a regulated market and sustainable industry development.

China Revises Frontier Health and Quarantine Law

In June 2024, China revised its Frontier Health and Quarantine Law (国境卫生检疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

China Issues New Regulations to Combat Cyber Violence

In June 2024, China's Cyberspace Administration, along with several ministries, issued new regulations to strengthen the governance of cyber violence, focusing on content management, user protection, and legal accountability.

China Enacts Tariff Law

In April 2024, China's legislature adopted the Tariff Law, effective December 1, 2024, establishing the legislative framework for tariff administration and clarifying tariff authorities, payers, exemptions, and preferential policies.

China Enacts Academic Degrees Law

China's legislature passed the Academic Degrees Law to regulate degree granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.