Date: December 22, 2006 Subject: China RoHS Law Frequently Asked Questions From: Alan P. Abbott To: Worldwide Sales, Marketing, and FAE Organizations Throughout this memorandum, China refers to the People s Repubic of China. What is the China RoHS law? The law seeks to protect Chinese consumers and the environment by requiring manufacturers of Electronic Information Products (EIP) to first declare, and then control, the use of hazardous and toxic substances. In English the law is called Management Methods for Controlling Pollution by Electronic Information Products (Chinese Ministry of Information Industry Order # 39). What are Electronic Information Products? Currently, Electronic Information Products (EIP) are identified in an inclusive-format draft list referred to as the March 16, 2006, Explanatory Note. Products on this list are subject to the self declaration and marking requirements of the China RoHS law that takes effect March 1, 2007. In mid- to late 2007 China s Ministry of Information Industry (MII) is expected to publish a China RoHS Electronic Information Products catalogue. The EIP listed in the China RoHS catalogue will be subject to the second phase pre-market testing and compliance certification via the existing China Compulsory Compliance (CCC) program, except that China RoHS catalogue EIP must be tested, at the homogenous material level, in one of eighteen state-owned laboratories, which, today, does not include the SGS chain of analytical laboratories. Does the China RoHS law regulate components like semiconductor devices? Yes, a wide variety of semiconductor devices are Electronic Information Products for the purposes of implementing the March 1, 2007, first phase product and product packing material self declaration and marking requirements. At this time it is unknown whether semiconductor devices will be incorporated into the China RoHS law s second phase EIP catalogue and therefore subject to further restrictions. Are Microchip s products subject to China RoHS law? Microchip s semiconductor devices that have SnPb solder-plated external leads/pins do not meet the restricted substances regulations under the China RoHS law. However, as long as Microchip properly marks these products, they can be purchased by Chinese customers until the effective date of the second phase. Page 1 of 6
When does the China RoHS law take effect? March 1, 2007, in two distinct phases. What are the China RoHS law s implementation phases and when does each phase take effect? The first phase takes effect March 1, 2007. On that date, every manufacturer or importer of EIP must self-declare whether the EIP complies with the law s hazardous and toxic substance restrictions. The self declaration method is affixing one of two logos to the product: Logo 1 means the EIP complies; Logo 2 means the EIP does not comply. Logo 2 bears a number in years indicating the Environmental Protection Use Period. When Logo 2 is required, a table of the six hazardous and toxic substances that indicates which substances(s) is present is required. However, no hazardous or toxic substance concentration data is required to be communicated during the first phase. The China MII has announced no effective date for implementation of the second phase premarket certification, testing, and import restrictions; today, the China RoHS EIP catalogue upon which implementation of the second phase depends and several of the necessary implementing standards have either not been finalized or not published. International trade organizations are consulting with the China MII to assess the potential business impact of the procedurally-complex second phase and to respectfully request a grace period during which implementing details may be clarified. Of particular interest to component suppliers/importers and OEM manufacturers would be the creation of exempt applications for noncompliant EIP similar to those in the EU RoHS Directive and clarification of put on the market with respect to noncompliant EIP destined for a variety of business-tobusiness transactions, including to non-eip manufacturers. We anticipate that the China MII will publish the China RoHS catalogue in mid- to late 2007. What do Generic Logo 1, Logo 2, and the Logo 2 Toxic and Hazardous Substance Table look like? Logo 1 for compliant EIP Logo 2 for EIP that contain hazardous and toxic substances Page 2 of 6
Logo 2 Table Example for one SnPb solder-plated semiconductor device 表二有毒有害物质或元素名称及含量标识样式 (Toxic Species or Toxic Element Name and Content Symbol) 有毒有害物质或元素 (T o x ic S p e c ie s o r E le m e n t) 部件名称 铅 汞 镉 六价铬 多溴联苯 多溴二苯醚 (N am e of Part) (P b ) (H g ) (C d ) (C r(v I)) (P B B ) (P B D E ) Insert one M icrochip part num ber X O O O O O O: 表示该有毒有害物质在该部件所有均质材料中的含量均在 SJ/T 11363-2006 规定的限量要求以下 X: 表示该有毒有害物质至少在该部件的某一均质材料中的含量超出 SJ/T 11363-2006 规定的限量要求 本产品仅于外部电子管脚部位含有锡镀层 X = Pb only in SnPb solder plating on exterior electrical contact pins. 按照 Microchip Technology Incorporated 的产品技术参数使用该产品 Use only in accordance with Microchip Technology Incorporated s Technical Data Sheet for this product family. Microchip 鼓励并建议客户将本产品依据所在地的相关法令, 进行贵金属的回收及再利用 切勿随意与一般垃圾丢弃 Microchip Technology Incorporated encourages customers to recycle this product for precious metal value in accordance with local laws. Do not throw in trash. What is the Environmental Protection Use Period (EPUP) for Microchip s SnPb solder-plated semiconductor devices? Microchip s calculations conclude that its SnPb solder-plated semiconductor devices never become hazardous to human health or the environment during intended normal use. Nevertheless, the China RoHS law requires the creation of the EPUP. Microchip believes 50 years is reasonable and defensible for the EPUP. Microchip may revise this number subject to future clarification, if any, of MII guidance. Where will Microchip place Logo 1 or Logo 2, and the Logo 2 Hazardous Substances Table? Because semiconductor devices are too small to mark, Logo 1 or Logo 2 will be placed onto Microchip s standard carton/reel/bag barcode labels. The Logo 2 Hazardous Substances Table (for SnPb solder-plated devices) will be placed inside the outer shipping carton accompanied by other product technical literature (trademark/patent information). Page 3 of 6
What does RoHS mean in the Chinese law? The acronym RoHS is not part of the Chinese law; the acronym originates from a law of similar intent in the European Union EU Directive 2002/95/EC, or EU RoHS Directive. RoHS literally means Restriction of Hazardous Substances. Because the underlying intent of both laws is the same, and because the EU RoHS Directive took effect first, it is becoming common to use RoHS as a shorthand term-of-art for these types of product environmental laws. Is the China RoHS law similar to the EU RoHS Directive? Today, the China RoHS law regulates the same six hazardous and toxic substances at the same maximum allowable threshold concentrations as the EU RoHS Directive. However, the China RoHS law prohibits their intentional use even if the total concentration per homogenous material is less than the maximum allowable threshold concentration. Further, the laws are very different procedurally, and the list of products covered by China RoHS has not yet been finalized. What hazardous and toxic substances are covered under the China RoHS law? Cadmium (Cd) at 0.01 % weight per homogenous material; and Hexavalent Chromium (Cr+6), Lead (Pb), Mercury (Hg), PBB, and PBDE at 0.1% weight per homogenous material. Do Microchip s Pb-free semiconductor devices comply with the hazardous and toxic substance restrictions in the China RoHS law? YES! May Electronic Information Products containing hazardous and toxic substances be imported into China after March 1, 2007? This question requires a three-part answer. Generally, Yes, until the effective date of the second phase, provided that the noncompliant EIP and packing materials comply with the self declaration and marking requirements; Yes, after the effective date of the second phase if the noncompliant EIP is not listed in the China RoHS catalogue provided that the noncompliant EIP and packing materials comply with the self declaration and marking requirements; and No, on and after the effective date of the second phase if the noncompliant EIP is listed in the China RoHS catalogue and not otherwise exempted. There are circumstances where noncompliant EIP may be imported because they are excluded (by interpretative guidance) fron the China RoHS law, but very little is certain at this time. Today, we believe that noncompliant EIP samples and noncompliant EIP intended for R&D are excluded from the China RoHS law. Are Electronic Information Products imported into or sold in Hong Kong subject to the China RoHS law? Page 4 of 6
Although Hong Kong is a political subdivision of China, exceptions exist for the applicability of certain Chinese national law in Hong Kong. Our current understanding is that all or part of the China RoHS law may not apply to Electronic Information Products imported into or sold in Hong Kong. However, until the applicability is known, Microchip s products will comply with the first phase self declaration and marking requirements of the China RoHS law on March 1, 2007. Are there exemptions for certain types of Electronic Information Products? Not in the same sense as end use application exemptions in the EU RoHS Directive. China s RoHS law exempts two categories of EIP: those made in China then exported, and those that are military-related. Other categories of finished goods not appearing on the March 16, 2006, Explanatory Note are not EIP white goods, for example but certain components of the excluded goods are listed in the Explanatory Note and, when imported for use alone or in other regulated EIP, may be regulated EIP. We have not heard whether China will adopt an exemptions mechanism like the EU. Once the China RoHS law EIP catalogue is published, can other products be added later? Yes. China s stated intent is to annually review their RoHS catalogue and add or delete EIP from the RoHS catalogue as they deem necessary to achieve the law s stated intent. What is Microchip doing to understand and comply with the China RoHS law? Microchip has formed a team of senior product quality engineers, international goods distribution specialists, Customer Service representatives, environmental regulatory specialists, and legal staff to carefully examime the China RoHS law and its implementing standards. As of November 6, 2006, only the law itself and three of the anticipated eight standards have been finalized. Because Microchip s standard products Pb-free semiconductor devices already comply with the hazardous and toxic substance restrictions of the China RoHS law, Microchip s initial focus will be on the procedural aspects to implement phase one self declaration and marking so that product movement into China is uninterrupted. Concurrently, Microchip closely follows the development, publication, and interpretation of draft and final standards related to phase two and awaits the publication of the China RoHS EIP catalogue. Page 5 of 6
How may Microchip s customers become acquainted with the status of Microchip s products or compliance plans with respect to the China RoHS law? Very little finalized information regarding phase two of the China RoHS law is available at this time. It is important for Microchip s customers to receive only one version of Microchip s product regulatory compliance activities that from Microchip s corporate headquarters. This FAQ document may be provided to customers as an introduction to Microchip s activities. Microchip plans to update this document as new regulatory information becomes available or is clarified. Where can one find additional referent information regarding the China RoHS law.? China s Ministry of Information Industry remains the only official source for China RoHS law and standards. The website and all of the China RoHS law and implementing standards are published exclusively in the Chinese language. The China MII website link is: www.mii.gov.cn Unofficial English language translations of the draft and/or final China RoHS law [Management Methods Products], the published-to-date standards, including the product marking standard, and the China MII FAQs are available from many electronic industry trade organizations websites and consulting firms websites, some of which charge for unofficiallytranslated documents. The American Electronics Association (AeA) website is a useful place to start. Their website link is: www.aeanet.org/chinarohs. Google internet search for China RoHS There are many websites offering China RoHS information and opinions. Page 6 of 6