Direct answer

The factory that sees the file must be the party on the NNN — not only the export agent.

Supplier risk is a party-identity problem plus a measures problem. Trading companies, sister plants, 1688 shops and home-town sub-suppliers are often different legal persons. An NNN or supply contract with the wrong chop does not bind the line. Flow-down, written subcontract consent, mould ownership, sample logs and need-to-know drawings are the corresponding measures at a vendor. AUCL can still reach some non-signers, but the cheap case is a signed plant. NNN and manufacturing-know-how pages sit beside this counterparty map.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Who actually machines or assembles?

Licence, address and who holds the moulds.

Plant
02

Did that entity chop the NNN and supply agreement?

Trader-only paper is the usual hole.

Party
03

Can they subcontract without you?

If yes, the secret has an unknown audience.

Flow-down
04

What do they receive — full CAD or a gated pack?

Need-to-know is a measure.

Scope

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Trader chop only
Is the manufacturer unnamed?
You have a contract with the wrong person.
Uncontrolled subcontract
Did parts go to a cousin’s workshop?
The secret left your NNN perimeter.
Same SKU from a new shop
Did a technician or mould move?
Classic supplier walk-out; preserve mould and staff facts.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Party mapTrader, plant, affiliates, shop registrations.
02NNN and supply paperWho chopped, flow-down, subcontract, moulds.
03Disclosure logWhich drawings went to whom, when.
04Copy productWhere the twin SKU is being made.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Is a PO enough to bind the factory?

A PO can form a supply contract. It rarely carries non-use, non-circumvention, mould ownership or audit. Use a master plus NNN with the plant.

Can AUCL help if they never signed?

Sometimes, if you still prove secret, measures and misappropriation. It is slower and harder than a chopped plant NNN.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

National laws database (NPC)
Anti-Unfair Competition Law (gov.cn)
Supreme People’s Court