Add export control items! Announcement No. 33 of 2024 by the Ministry of Commerce and the General Administration of Customs

Announcement No. 33 of 2024 of the General Administration of Customs of the Ministry of Commerce on the Implementation of Export Control on Antimony and Other Items.

Formally implemented from September 15, 2024

According to 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, fulfill international obligations such as non-proliferation, and with the approval of the State Council, it is decided to implement export controls 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:

（1） Antimony related items.

1. Antimony ore and raw materials, including but not limited to block, particle, powder, crystal and other forms. (Reference customs commodity codes: 2617101000, 2617109001, 2617109090, 2830902000)

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

3. Antimony oxide, with a 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 with a purity (inorganic element basis) greater than 99.999%. (Reference Customs commodity number: 2931900032)

5. Antimony hydrides with a purity greater than 99.999% (containing antimony hydrides diluted in inert gas or hydrogen). (Reference Customs commodity number: 2850009020)

6. Indium antimonide has all the following characteristics: single crystals with dislocation density less than 50 per square centimeter, and polycrystals with purity greater than 99.99999%, including but not limited to ingots (rods), blocks, sheets, target materials, particles, powders, and fragments. (Reference Customs commodity number: 2853909031)

7. Gold antimony smelting and separation technology.

（2） Items related to superhard materials.

1. The six sided top press equipment has all the following characteristics: a specially designed or manufactured X/Y/Z three-axis six sided synchronous pressurized large hydraulic press with a cylinder diameter size greater than or equal to 500 millimeters or designed to use a pressure greater than or equal to 5 gigapascals. (Reference Customs commodity number: 8479899956)

2. Key components for the six sided top press machine, including hinge beams, top hammers, and high-pressure control systems with a combined pressure greater than 5 gigapascals. (Reference customs commodity codes: 8479909020, 9032899094)

3. Microwave plasma chemical vapor deposition (MPCVD) equipment, with all the following characteristics: specially designed or manufactured MPCVD equipment, microwave power above 10 kW, and 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 with 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 higher. (Reference Customs commodity number: 7104911010)

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

6. Technology for manufacturing six sided top press equipment for already listed pipes.

2、 Export operators should handle export license procedures in accordance with relevant regulations, submit an application to the Ministry of Commerce through the provincial commerce department, fill out the dual-use items and technology export application form, and submit the following documents:

（1） Original copies or scanned copies of export contracts or agreements that are consistent with the original;

（2） Technical specifications or testing reports for the intended export items;

（3） End user and end use proof;

（4） Introduction to importers and end-users;

（5） The identification documents of the applicant's legal representative, main business manager, and handler.

Customs Affairs Assistant: Guidelines for Applying for Import and Export Licenses for Dual Use Items and Technologies

3、 The Ministry of Commerce shall conduct an examination from the date of receiving the export application documents, or jointly conduct an examination with relevant departments, and make a decision on whether to grant or deny 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 in conjunction with relevant departments.

4、 After examination and approval, the Ministry of Commerce shall issue a dual-use item and technology export license (hereinafter referred to as the export license).

5、 The procedures for applying for and issuing export licenses, handling special circumstances, and the retention period of document 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 (Measures for the Administration of Import and Export Licenses for Dual Use Items and Technologies).

6、 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 shall handle the inspection and release procedures with the export license issued by the Ministry of Commerce.

7、 Export operators who export without permission, export beyond the scope of permission, or engage in other illegal activities shall be subject to administrative penalties by the Ministry of Commerce or customs departments in accordance with relevant laws and regulations. Those who commit crimes shall be held criminally responsible in accordance with the law.

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