In order to safeguard national security and national interests, in accordance with the relevant provisions of the Export Control Law of the Peoples Republic of China, the Foreign Trade Law of the Peoples Republic of China and the Customs Law of the Peoples Republic of China, and with the approval of the State Council, the temporary export control measures on graphite-related products are optimized and adjusted. The relevant matters are hereby announced as follows:

1. Items that meet the following characteristics are prohibited from export without permission:

(1) Artificial graphite materials and their products with high purity (purity>99.9%), high strength (flexural strength>30Mpa), and high density (density>1.73 g/cm3). The reference customs commodity numbers are: 3801100030, 3801909010, and 6815190020.
(2) Natural flake graphite and its products, including spheroidized graphite, expanded graphite, etc. The reference customs commodity numbers are: 2504101000, 2504109100, 3801901000, 3801909010, 3824999940, 6815190020.

2. In addition to the above-mentioned items, the temporary export control of other items listed in Announcement No. 50 of 2006 has been cancelled.

Export operators who wish to export the above items must follow the following steps:

1. Submit an export license application to the Ministry of Commerce through the provincial commercial administration department.

2. Fill in the application form for export of 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 item to be exported.
(3) End-user and end-use certification.
(4) Introduction of importers and end-users.
(5) Identification documents of the applicant’s legal representative, principal business manager and person in charge.

3. The Ministry of Commerce will review the application within the statutory time limit and make a decision on whether to approve it. Exports involving national security must be reviewed together with relevant departments and reported to the State Council for approval.

After review and approval, the Ministry of Commerce will issue export licenses for dual-use items and technologies.

1. Export operators shall submit export licenses to the customs and go through relevant procedures in accordance with the Customs Law of the Peoples Republic of China.
2. Export operators who export without permission, export beyond the scope of permission or commit other illegal acts will be subject to administrative penalties in accordance with the law, and those with serious circumstances will be held criminally liable.

This announcement is fromDecember 1, 2023At the same time, 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 is abolished.

We thank all relevant units and enterprises for their understanding and cooperation. If you have any questions about this announcement, please contact the Ministry of Commerce or the General Administration of Customs in a timely manner.

Ministry of Commerce General Administration of Customs

date:October 20, 2023