USDA Still Seeking 'Clarity' on New Chinese Export Facility Requirements

USDA’s Foreign Agricultural Service this month issued new guidance for U.S. exporters who “continue experiencing difficulties” registering their manufacturing, processing and storage facilities under China’s Decree 248 (see 2309210011), which requires certain U.S. production facilities to meet new customs and registration procedures before their products can enter China.

The Biden administration has called the Chinese measure “opaque and burdensome” and said China hasn’t been transparent in response to U.S. questions and concerns (see 2204010027). In the guidance, USDA said it’s still seeing delays for exporters trying to register, especially new applicants, and is continuing to “seek clarity” from China’s customs agency “to fully understand the process for registration of new facilities.”

USDA also said China recently told it that “only products produced after the facility is completely registered are eligible for import into China.” The agency said this is a “change from earlier statements” made by China, which previously said imports are eligible as long as the U.S. facility was registered before the products are shipped. China hasn’t notified this change to the World Trade Organization, USDA said.