A spokesperson for the Ministry of Commerce said that it was common international practice to impose export controls on items related to antimony and superhard materials. Drawing on international practice and in accordance with its own needs, China imposes export controls on the relevant items with a view to better safeguarding national security and fulfilling its international obligations such as non-proliferation.

 

The relevant policy does not target any specific country or region. Exports will be licensed if they meet the relevant requirements. The Chinese government is firmly committed to maintaining world peace and stability in neighboring regions, safeguarding the security of the global industrial chain supply chain, and promoting the development of compliant trade. At the same time, it opposes any country or region using controlled items from China to engage in activities that undermine China's national sovereignty, security and development interests.

 

Bulletin

 

Ministry of Commerce General Administration of Customs Announcement No. 33 of 2024

 

Announcement on Export Control on Antimony and Other Items

In accordance with the relevant provisions of the Export Control Law of the People's Republic of China, the Foreign Trade Law of the People's Republic of China and the Customs Law of the People's Republic of China, in order to safeguard national security and interests and fulfill international obligations such as non-proliferation, with the approval of the State Council, it is decided to implement export control on the following items. The relevant matters are hereby announced as follows:

 

1. Items that meet the following characteristics shall not be exported without permission:

(I) Antimony-related items.

1. Antimony ores and raw materials, including but not limited to blocks, granules, powders, crystals and other forms. (Reference customs commodity numbers: 2617101000, 2617109001, 2617109090, 2830902000)

2. Metal antimony and products, including but not limited to ingots, blocks, beads, granules, powders and other forms. (Reference customs commodity number: 8110101000, 8110102000, 8110200000, 8110900000)

3. Antimony oxides, purity greater than or equal to 99.99%, including but not limited to powder form. (Reference customs commodity number: 2825800010)

4. Trimethyl antimony, triethyl antimony and other organic antimony compounds, purity (inorganic element basis) greater than 99.999%. (Reference customs commodity number: 2931900032)

5. Antimony hydrides, purity greater than 99.999% (including antimony hydrides diluted in inert gas or hydrogen). (Reference Customs Commodity Number: 2850009020)

6. Indium antimonide, with all of the following characteristics: single crystals with a dislocation density of less than 50 per square centimeter, and polycrystalline with a purity greater than 99.99999%, including but not limited to ingots (rods), blocks, sheets, targets, particles, powders, and scraps. (Reference Customs Commodity Number: 2853909031)

7. Gold-antimony smelting and separation technology.

 

(II) Superhard material related items.

1. Six-sided top press equipment, with all of the following characteristics: specially designed or manufactured X/Y/Z three-axis six-sided synchronous press large hydraulic press, cylinder size greater than or equal to 500 mm or designed use pressure greater than or equal to 5 GPa. (Reference Customs Commodity Number: 8479899956)

2. Special key components for six-sided top press, including hinge beams, top hammers, and high-pressure control systems with a combined pressure greater than 5 GPa. (Reference customs commodity number: 8479909020, 9032899094)

3. Microwave plasma chemical vapor deposition (MPCVD) equipment, having all of the following characteristics: specially designed or prepared MPCVD equipment, with a microwave power of more than 10 kW and a microwave frequency of 915 MHz or 2450 MHz. (Reference customs commodity number: 8479899957)

4. Diamond window materials, including curved diamond window materials, or flat diamond window materials having all of the following characteristics: (1) single crystal or polycrystalline with a diameter of 3 inches or more; (2) visible light transmittance of 65% or more. (Reference customs commodity number: 7104911010)

5. Process technology for synthesizing artificial diamond single crystals or cubic boron nitride single crystals using a six-sided top press.

6. Technology for manufacturing listed six-sided top press equipment.

 

2. Exporters shall go through the export license formalities in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial commerce department, fill in the export application form for dual-use items and technologies and submit the following documents:

(i) The original of the export contract or agreement or a copy or scanned copy consistent with the original;

(ii) The technical description or test report of the items to be exported;

(iii) Proof of end-user and end-use;

(iv) Introduction to the importer and end-user;

(v) Identity certificate of the legal representative, main business manager and agent of the applicant.

 

3. The Ministry of Commerce shall review the export application documents from the date of receipt, or review them together with relevant departments, and make a decision to grant or not grant the license within the statutory time limit.

The export of items listed in this announcement that have a significant impact on national security shall be reported to the State Council for approval by the Ministry of Commerce together with relevant departments.

 

4. If the license is granted after review, the Ministry of Commerce shall issue the export license for dual-use items and technologies (hereinafter referred to as the export license).

5. The procedures for applying for and issuing export licenses, handling of special circumstances, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (Administrative Measures for Import and Export Licenses of Dual-Use Items and Technologies).

 

6. Exporters shall submit export licenses to the customs, go through customs formalities in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. The customs shall handle the inspection and release procedures based on the export license issued by the Ministry of Commerce.

 

7. If exporters export without permission, export beyond the scope of permission, or have other illegal circumstances, the Ministry of Commerce or customs and other departments shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

8. This announcement shall be officially implemented from September 15, 2024.

 

Ministry of Commerce General Administration of Customs

August 15, 2024