GAC：Optimize and adjust temporary export control measures for graphite items
According to the website of the Ministry of Commerce, the Ministry of Commerce and the General Administration of Customs on the 20th issued a notice on the optimization and adjustment of temporary export control measures for graphite 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 with the approval of The State Council, Decided to optimize and adjust the scope of items listed in the Announcement No. 50 of 2006 of the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense and the General Administration of Customs (” Decision to implement Temporary export Control Measures on Graphites-related products “), and implement export control on some items. The relevant announcements are as follows:
1. Items that meet the following characteristics shall not be exported without permission:
(a) High purity (purity >99.9%), high strength (flexural strength >30Mpa), high density (density >1.73 g/cm ³) of artificial graphite materials and products.(Refer to the Customs commodity number:3801100030、3801909010、6815190020)
(2) Natural flake graphite and its products (including spherical graphite, expanded graphite, etc.(Refer to the Customs commodity number:2504101000、2504109100、3801901000、3801909010、3824999940、6815190020)
2.In addition to the above items, the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense, the General Administration of Customs announcement No. 50 of 2006 (” Decision to implement temporary export control measures on Graphites-related products “) other items are cancelled temporary export control.
3、Export operators shall handle export license procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial competent commerce department, fill out the export application form for dual-use items and technologies, and submit the following documents:
(1) The original of the export contract or agreement or photocopies or scans consistent with the original;
(2) Technical description or test report of the item to be exported;
(3) End-user and end-use certificates;
(4) Introduction of importers and end users;
(5) The identity certificate of the applicant’s legal representative, main business manager and handling person.
4.The Ministry of Commerce shall, from the date of receipt of the export application documents, examine them, or jointly examine them with relevant departments, and make a decision on approval or disapproval within the statutory time limit.
The export of the items listed in this announcement which have a major impact on national security shall be submitted to The State Council for approval by the Ministry of Commerce together with other relevant departments.
5.After examination and approval, the Ministry of Commerce shall issue the export license for dual-use items and technologies (hereinafter referred to as the export license).
6.export license application and issuance procedures, special cases, documents and information retention period, in accordance with the Ministry of Commerce, General Administration of Customs Order No. 29 in 2005 (” Dual-Use items and Technologies Import and Export License Administration Measures “) the relevant provisions.
7. An export operator shall present an export license to the Customs, complete customs formalities in accordance with the provisions of the Customs Law of the People’s Republic of China, and accept customs control. The Customs shall handle the examination and release formalities on the basis of the export license issued by the Ministry of Commerce.
8. Where an exporter exports without permission, beyond the scope of the license or commits other illegal acts, the Ministry of Commerce, the Customs and other departments shall impose administrative penalties in accordance with the provisions of relevant laws and regulations. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
9.This announcement will be formally implemented as of December 1, 2023, and the Announcement No. 50 of 2006 by the Ministry of Commerce, the State Commission of Science, Technology and Industry for National Defense and the General Administration of Customs (” Decision to implement Temporary export Control Measures on graphite-related products “) shall be repealed at the same time.
Commerce Department、General Administration of Customs
October 20, 2023