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

[Issuing Unit] Security and Control Bureau 

[Issuing Document Number] Ministry of Commerce and General Administration of Customs Announcement No. 33 of 2024 

[Issuing Date] August 15, 2024

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, 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 at this moment announced as follows:

1. Items that meet the following characteristics shall not be exported without permission:

(I) Antimony-related items.

1. Antimony ore and raw materials, including but not limited to blocks, granules, powders, crystals, and other forms. (Reference customs commodity numbers: 2617101000, 2617109001, 2617109090, 2830902000)

2. Antimony metal and its 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 of 99.99% or more, 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 (based on inorganic elements) greater than 99.999%. (Reference customs commodity number: 2931900032)

5. Antimony hydride, 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, granules, powders, scraps, etc. (Reference customs commodity number: 2853909031)

7. Gold and antimony smelting and separation technology.

(II) Items related to superhard materials.

1. Six-sided top press equipment, having 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 operating pressure greater than or equal to 5 GPa. (Reference customs commodity number: 8479899956)

2. Special key parts 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 has all the following characteristics: specially designed or prepared 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 crystal or cubic boron nitride single crystal using a six-sided top press.

6. Technology for manufacturing six-sided top press equipment for tubes.

2. Exporters shall go through the export licensing procedures by relevant regulations, apply to the Ministry of Commerce through the provincial commerce authorities, fill in 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 a copy or scanned copy that is consistent with the original;

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

(iii) Certification of end-user and end-use;

(iv) Introduction of the importer and end-user;

(V) Identification documents of the applicant’s legal representative, principal business manager, and the person handling the business.

3. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents, or conduct an examination together with relevant departments, and decide to grant or reject the application 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 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).

5. The procedures for applying for and issuing export licenses, handling special circumstances, and the period for retaining documents and materials shall be implemented by 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. Exporters shall present export licenses to the customs, go through customs formalities by the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. Customs will handle inspection and release procedures based on the export license issued by the Ministry of Commerce.

7. If an export operator exports without permission, exports beyond the scope of permission, or commits other illegal acts, the Ministry of Commerce or the Customs and other departments shall impose administrative penalties by the relevant laws and regulations. If a crime is constituted, criminal liability shall be pursued by the law.

8. This Announcement shall come into effect on September 15, 2024.

                                                                                                                                                                                                 Ministry of Commerce General Administration of Customs

                                                                                                                                                                                                                                  August 15, 2024