China remains a challenging place to do business, further complicated by the COVID-19 worldwide pandemic. According to the American Chamber of Commerce (AmCham) China 2021 American Business in China White Paper, while AmCham members continue to view the market as critical for their business, many impediments to American firms in China remain. 

 Many of the challenges American firms face are longstanding. Firms seeking to export to China face various headwinds, including fragmented and inconsistently implemented local regulatory requirements, the preferred treatment for local competitors, and the need to localize products and services to meet Chinese consumers’ expectations and requirements, among others.

Despite significant Chinese government efforts to streamline bureaucracy and reduce red tape, foreign companies continue to complain about lengthy and opaque administrative procedures, especially with respect to permits, registration and licensing. Furthermore, foreign enterprises continue to report that Chinese government officials may condition approvals on a foreign enterprise’s agreement to transfer technology, conduct research and development in China, satisfy performance requirements relating to exportation or the use of local content, or make valuable, deal-specific commercial concessions.

A recent refocus on self-reliance has contributed to China’s continued pursuit of industrial policies that limit market access for imported goods, foreign manufacturers, and foreign services providers while offering substantial government guidance, resources, and regulatory support to Chinese industries. The principal beneficiaries of these policies are state-owned enterprises as well as other favored domestic companies. Provincial and local governments can have an ownership stake in private companies, incentivizing support of these enterprises.

Intellectual property (IP) infringement is widespread in China. It is incumbent upon U.S. firms to take steps to protect and enforce their IP rights. Please see the Protecting Intellectual Property section for more information.

Market conditions also create persisting challenges, with rising labor costs among American firms’ top concerns about the Chinese market. Increasingly competent domestic challengers and industrial overcapacity in some segments are also frequently cited challenges.

In addition to these longstanding challenges, American companies report that regulatory compliance risks, including insufficient time to comply with new regulations, as a growing challenge.  Recent tensions in the U.S.-China bilateral relationship have become a top concern for American firms, reportedly making it more difficult for companies to conduct business, both due to specific measures taken by China that increase the compliance burden for firms and increased operational uncertainty that arises from bilateral tensions.  Specifically, U.S. companies report Chinese customers questioning whether American firms can be relied upon, dampening U.S. firms’ competitiveness vis-à-vis local and third market businesses.