On October 20, the Ministry of Commerce and the General Administration of Customs issued an announcement on optimizing and adjusting temporary export control measures for graphite items. The full text is as follows:
In accordance with the relevant provisions of the "Export Control Law of the People's Republic of China", "Foreign Trade Law of the People's Republic of China" and "Customs Law of the People's Republic of China", in order to safeguard national security and interests, with the approval of the State Council, it was decided to The scope of items listed in the Announcement No. 50 of 2006 of the Commission and the General Administration of Customs ("Decision to Implement Temporary Export Control Measures on Graphite-Related Products") was optimized and adjusted, and export controls were implemented on some items. The relevant matters are announced as follows:
1. 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 (reference customs commodity number: 3801100030 , 3801909010, 6815190020).
(2) Natural flake graphite and its products (including spheroidized graphite, expanded graphite, etc.) (reference customs commodity numbers: 2504101000, 2504109100, 3801901000, 3801909010, 3824999940, 6815190020).
2. 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 the temporary Export controls.
3. 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.
IV. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents, or shall conduct an examination together with relevant departments, and make a decision on whether to grant permission or not within the statutory time limit.
For the export of items listed in this announcement that have a significant impact on national security, the Ministry of Commerce, together with relevant departments, shall submit it to the State Council for approval.
5. 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).
6. 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 ("Management of Import and Export Licenses for Dual-Use Items and Technologies") The relevant provisions of the Measures shall be implemented.
7. Export operators shall issue an export license 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. The customs will handle the inspection and release procedures based on the export license issued by the Ministry of Commerce.
8. 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.
9. 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 announced No. 50 of 2006 ("Decision to Implement Temporary Export Control Measures on Graphite Related Products" ) are abolished at the same time.
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