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

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

[Issuing unit] Security and Control Bureau

[Issuing document number] Ministry of Commerce General Administration of Customs Announcement No. 33 of 2024

[Issuing date] August 15, 2024

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 controls on the following items. The relevant matters are hereby announced as follows:

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

3. Antimony oxides, 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 hydride with a purity greater than 99.999% (including antimony hydride 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, scraps and other forms. (Reference Customs Commodity Number: 2853909031)

7. Gold-antimony smelting and separation technology.

(II) Items related to superhard materials.

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

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

3. Microwave plasma chemical vapor deposition (MPCVD) equipment, with all of the following characteristics: specially designed or manufactured 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.

II. 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 dual-use items and technology export application form 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. 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

Reference link:

https://aqygzj.mofcom.gov.cn/qdml/art/2024/art_b907a108e35945db9f8b04e1ed77b659.html