China’s Graphite Controls: Full Text Translation

January 17, 2024
Report

The following is a full translation of China’s export controls for graphite, announced in October, 2023. Click here to read Interos’ analysis and advice for supply chain leaders.

Official Announcement of the Ministry of Commerce and the General Administration of Customs on Optimizing and Adjusting Temporary Export Control Measures for Graphite Items

Note: The below text has been translated from its native language and can be found in its original format here

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 with the approval of the State Council, it was decided to impose restrictions on the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, and the Customs The scope of items listed in the General Administration Announcement No. 50 of 2006 (“Decision to Implement Temporary Export Control Measures on Graphite Related Products”) has been optimized and adjusted , and export controls have been implemented on some items. The relevant matters are announced as follows:

Items that meet the following characteristics may NOT be exported without permission:

(1) High-purity (purity >99.9%), high-strength (flexural strength >30Mpa), high-density (density >1.73g / cubic centimeter) artificial graphite materials and their products (refer to customs commodity numbers: 3801100030, 3801909010, 6815190020).

 

(2) Natural flake graphite and its products (including spheroidized graphite, expanded graphite, etc.) (refer to customs commodity numbers: 2504101000, 2504109100, 3801901000, 3801909010, 3824999940, 6815190020).

 

  1. In addition to the above items, other items in the Announcement No. 50 of 2006 (“Decision to Implement Temporary Export Control Measures on Graphite Related Products”) issued by the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, and the General Administration of Customs have canceled temporary export controls.

 

  1. Export operators should handle export licensing procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial commerce department, fill in the dual-use items and technology export application form and submit the following documents:

(1) The original of the export contract or agreement or a copy or scanned copy that is consistent with the original.

(2) Technical description or test report of the items to be exported.

(3) End user and end use certification.

(4) Introduction to importers and end users.

(5) Identity certificates of the applicant’s legal representative, main business manager and person in charge.

 

  1. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents or shall conduct an examination in conjunction with relevant departments and make a decision to approve or disapprove within the statutory time limit. The export of items listed in this announcement that have a significant impact on national security shall be submitted to the State Council for approval by the Ministry of Commerce in conjunction with relevant departments.

 

  1. If the license is approved after review, the Ministry of Commerce will issue an export license for dual-use items and technologies (hereinafter referred to as the export license).

 

  1. Export license application and issuance procedures, handling of special circumstances, document retention period, etc. are in accordance with the Ministry of Commerce and the General Administration of Customs Order No. 29 of 2005 (“Measures for the Administration of Import and Export Licenses for Dual – Use Items and Technologies”) The relevant regulations are implemented.

 

  1. Export operators shall issue export licenses to the customs, handle customs procedures in accordance with the provisions of the Customs Law of the People’s Republic of China and accept customs supervision. Customs will handle the inspection and release procedures based on the export license issued by the Ministry of Commerce.

 

  1. If an export operator exports without permission, exports beyond the scope of permission, or commits other illegal acts, the Ministry of Commerce or Customs and other departments will impose administrative penalties in accordance with relevant laws and regulations. Constitute a crime, be held criminally responsible.

 

  1. This announcement will be officially implemented from December 1, 2023. The Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, and the General Administration of Customs Announcement No. 50 of 2006 (“Decision to Implement Temporary Export Control Measures on Graphite Related Products”) will be abolished at the same time.

Want to learn more about these restrictions and how Interos can help? Click here.

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