The US-China Business Council (USCBC) represents 200 member companies that operate across all industry sectors, and are global leaders in producing high-quality, innovative products that are sold around the world. USCBC member companies are actively invovled in standards-setting in China and globally, and have a strong interest in a fair and efficient system for setting and maintaining standards. As such, USCBC and its member companies appreciate the opportunity to provide comments to the National People's Congress on the revised draft of China's Standardization Law ("Draft Law").
USCBC supports an inclusive standards-setting process open to both foreign and domestic companies, and opposes the use of standards as a barrier to trade. USCBC believes the draft demonstrates positive efforts to move away from a relieance on mandatory standards, and retain positive rhetoric in relation to participation in and adoption of international standards. The draft law could also go further by endorsing the principles of the WTO's Agreement on Technical Barriers to Trade and permitting manufacturers to adopt international standards from designated international standards organizations where there are not existing standards.
USCBC and its member companies are concerned about aspects of the draft law that may limit foreign company participation in the standards-setting process. The lack of information regarding rules pertaining to "expert groups," as well as the re-iteration of a mandatory self-disclosure system for enterprise standards are of concern. These enterprise standards have the potential of putting protected intellectual property at rist.
USCBC welcomes the opportunity to provide feedback on the draft law, and would like to raise the following the specific recommendations:
Read the full letter here: