Who Is Legally Responsible When You Import From China?

The statute puts the importer in the same list as the producer

Section 2 of the Consumer Protection Act 1987 covers the producer, anyone presenting themselves as the producer through their name or mark, and anyone importing a product into the UK to supply another in the course of their business. For imports from China into Great Britain, the commercial importer can therefore be liable alongside the producer.

A claimant does not first have to show that the factory cannot be found or that the importer was careless. Liability is not automatic whenever something goes wrong: the Act requires a defect causing qualifying damage and provides statutory defences.

An own-brand importer may fall within both the importer and apparent-producer categories. Where several parties are liable for the same damage, section 2 provides for joint and several liability. Separately, product regulations can impose manufacturer obligations; see own-brand imports and manufacturer responsibilities.

Who counts as an importer: individuals, small businesses and larger buyers

Your role depends on what you do and the applicable legislation, rather than your order size or business label. An individual importing for commercial supply can have importer duties just as a larger business can.

Buying solely for personal use differs from importing to supply others commercially. Workplace purchases need separate consideration: HSE says employers must check work equipment for safety and compliance. Importer responsibilities can also apply to users directly importing new equipment for their own workplace.

This guide concerns Great Britain: England, Scotland and Wales. Northern Ireland has a different product-regulation framework, so do not apply the GB marking position to an NI order.

Importer duties start before the product goes on sale

Identify the rules for the actual product and intended use. Before placing it on the GB market, check which conformity assessment, technical documentation, declaration, marking, manufacturer identification and importer contact details are required. Verify the product-specific requirements for English instructions and safety information.

For example, GOV.UK's electrical-equipment guidance requires importers to check the manufacturer's conformity assessment and documentation, retain required documents, protect compliance during storage and transport, and take action on non-compliant equipment. Other products have their own rules; a generic certificate checklist is insufficient.

Agree access to evidence before ordering. Use the UK importer technical compliance file guide to organise your document requests, and check the applicable legislation before treating the file as complete.

UKCA delayed or scrapped? The current official position

Position checked on 18 October 2026: official guidance confirms indefinite CE recognition in Great Britain for products covered by the Product Safety and Metrology etc. (Amendment) Regulations 2024. Those regulations took effect on 1 October 2024. For covered products, the former end-of-2024 transition deadline no longer requires a switch to UKCA.

UKCA has not been scrapped. Businesses can use the applicable UKCA route or the recognised CE route for covered products, provided they meet that route's requirements. Recognition of CE does not waive conformity assessment or importer duties.

A separate deadline concerns how UKCA is displayed: current GOV.UK guidance permits the marking on a label affixed to the product or on an accompanying document until 11pm on 31 December 2027 for most sectors. That is not a CE expiry date.

Sector-specific rules still matter, including for medical devices, construction products and other separately regulated goods. Check the official sector guidance before committing to an order. See also the UKCA marking guide for China imports.

Fake certificates and genuine reports for the wrong model

A document can be authentic yet irrelevant to your goods. As a practical purchasing check, match the full report and declaration to the ordered model, specification and approved sample; ask a competent assessor to resolve any unexplained differences.

Do not require a third-party certificate indiscriminately: some conformity routes permit manufacturer self-declaration. Equally, a declaration does not replace testing or independent assessment required by the applicable rules. See CE, UKCA and ISO certifications explained.

What this means for the things buyers usually rely on

The supplier's insurance: do not assume its policy covers your business or a claim against you. Ask your broker to check the actual insured parties, products, territories and terms. Obtain confirmation of the relevant cover rather than relying on a factory's statement that it is insured.

The purchase order clause: ask a solicitor whether a supplier indemnity provides an enforceable route to recovery. It cannot exclude or limit liability to a person suffering qualifying damage under the Act: section 7 prohibits that. Obtain advice on the contract and enforcement rather than assuming recovery is assured.

The compliance certificate: evidence of conformity is not a blanket defence. The Act has specific defences; showing that you took care is not, by itself, a general defence to defective-product liability.

Practical steps before and after supply

Discuss appropriate product liability cover with your broker before commercial supply begins. Ask about product categories, sales territories, exclusions, compliance-document requirements and recall costs. GOV.UK distinguishes product liability insurance from general business or employer's liability insurance.

Plan usable traceability records. Consider retaining batch references, dated consignment and customer records, the approved sample and agreed specification. Check the applicable legal record-keeping requirements and do not assume a batch reference will limit the scope of a recall or claim.

Monitor complaints and safety information after supply. Follow the applicable reporting and corrective-action duties, which may require withdrawal or recall. Where the rules require immediate notification of a risk, notify the relevant enforcement authority immediately; ask your insurer about its notification requirements too.

Before appointing a sourcing agent, agree responsibility for supplier checks, samples, inspections and document requests. Use the test-report verification guide to structure your checks. An agent's involvement does not automatically remove the importer's statutory responsibilities; establish each party's actual role under the applicable legislation.

Ask your insurer about cover and a solicitor about a claim or contractual recovery. This guide provides general information rather than advice on an individual case.