Can a foreign brand sell cosmetics in China without a local company?

A foreign brand does not always have to incorporate its own company in China. For general-trade import, however, an overseas filer or registrant must appoint an enterprise legal person in China as the Domestic Responsible Person. Selling through eligible cross-border e-commerce retail import is a different channel, with its own platform, customs and personal-use limits, and it should not be described as selling freely in the mainland market with no China-side arrangements at all.

Published 11 November 2026 · Updated 11 November 2026

How to judge the path

Ask what “sell in China” means in your plan. If you will import goods and sell them in mainland retail or domestic e-commerce, you are on the general-trade path: NMPA filing or registration plus a Domestic Responsible Person. If you only sell from overseas to individual consumers through an eligible cross-border retail platform, different retail-import rules may apply, including list, tax and personal-use restrictions.

Appointing a Domestic Responsible Person is not the same as setting up a wholly foreign-owned subsidiary. Many brands authorize an existing Chinese enterprise legal person. The authorized company must be able to carry out the statutory duties, not merely receive mail.

What to prepare

You will usually need an authorization document appointing the Domestic Responsible Person, and the responsible person will need the product dossier that supports filing or registration. If you later change the responsible person, follow the documents required at that time. NMPA Announcement No. 70 of 2026 simplified that change package; use the announcement and the current system prompts rather than older checklists.

Cautions

A distributor who only imports and resells is not automatically the filer or registrant. Quality and safety responsibility sits with the registrant or filer. Using someone else’s filing number, or selling a product that has not been filed or registered for general trade, creates compliance risk for the brand and the seller.

Questions we are often asked

Does the Domestic Responsible Person have to be our subsidiary?

No. The law requires an enterprise legal person in China. It may be your subsidiary or another authorized Chinese company that can perform the role.

Can we use only cross-border e-commerce and skip a responsible person?

Cross-border e-commerce retail import is supervised differently from general trade. It has its own conditions and is generally limited to personal use. It is not the same as building a general-trade mainland business without a Domestic Responsible Person.