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MEMORANDUM

MEMORANDUM

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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 Peoples 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 Chinas 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 laws second phase EIP catalogue and therefore subject to
further restrictions.


Are Microchips products subject to China RoHS law?
Microchips 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.




MEMORANDUM

When does the China RoHS law take effect?
March 1, 2007, in two distinct phases.


What are the China RoHS laws 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 laws 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-to-
business 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














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MEMORANDUM

Logo 2 Table Example for one SnPb solder-plated semiconductor device

(N am e o f P art)
(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
Microchip Technology Incorporated encourages customers to recycle this product for precious metal value in accordance with
local laws. Do not throw in trash.
X = Pb only in SnPb solder plating on exterior electrical contact pins.
M icrochip
Microchip Technology Incorporated Use only in accordance with Microchip Technology Incorporateds Technical Data Sheet for this product family.
(Toxic Species or Toxic Element Name and Content Symbol)
O : SJ/T 11363-2006 X : SJ/T 11363-2006
(T o xic S p ecies o r E lem en t)





What is the Environmental Protection Use Period (EPUP) for Microchips SnPb solder-plated
semiconductor devices?
Microchips 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
Microchips 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).








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MEMORANDUM

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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 Microchips 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?

MEMORANDUM

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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, Microchips products