Ministry of Commerce: Export control on antimony and ultra-hard materials is a common international practice.
The Ministry of Commerce and the General Administration of Customs jointly issued an announcement on the 15th, deciding to implement export control on some antimony and ultra-hard material items.
The full text of the announcement is as follows:
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 maintain 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 control on the following items. The relevant matters are hereby announced as follows:
1. Items with the following characteristics are not allowed to be exported without permission:
(1) Antimony-related items.Here is the English translation of the provided text:
1. Antimony ores and concentrates, including but not limited to lumps, granules, powders, crystals, and other forms. (Reference HS codes: 2617101000, 2617109001, 2617109090, 2830902000)
2. Antimony metal and products, including but not limited to ingots, blocks, beads, granules, powders, and other forms. (Reference HS codes: 8110101000, 8110102000, 8110200000, 8110900000)
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3. Antimony oxides, with a purity of 99.99% or higher, including but not limited to powder form. (Reference HS code: 2825800010)
4. Trimethylantimony, triethylantimony, and other organic antimony compounds, with a purity (based on inorganic elements) greater than 99.999%. (Reference HS code: 2931900032)
5. Antimony hydrides, with a purity greater than 99.999% (including antimony hydrides diluted in inert gases or hydrogen). (Reference HS code: 2850009020)
6. Indium antimonide, with all the following characteristics: single crystals with a dislocation density of less than 50/cm², and polycrystals with a purity of greater than 99.99999%, including but not limited to ingots (rods), blocks, sheets, target materials, granules, powders, fragments, and other forms. (Reference HS code: 2853909031)
7. Antimony refining and separation technology.
(II) Super-hard material-related items.
1. Six-face top press equipment, with all the following characteristics: large hydraulic presses specifically designed or manufactured for X/Y/Z three-axis six-face synchronous pressing, with a cylinder diameter of 500 mm or more, or designed to withstand a pressure of 5 gigapascals or more. (Reference HS code: 8479899956)
2. Key components specially used for six-face top presses, including hinge beams, press hammers, and high-pressure control systems with a synthetic pressure greater than 5 gigapascals. (Reference HS codes: 8479909020, 9032899094)3. Microwave Plasma Chemical Vapor Deposition (MPCVD) equipment, which has all the following characteristics: MPCVD equipment specifically designed or manufactured, with microwave power exceeding 10 kilowatts, and microwave frequency of 915 megahertz or 2450 megahertz. (Reference Customs Commodity Code: 8479899957)
4. Diamond window materials, including curved diamond window materials, or flat diamond window materials with all the following characteristics: (1) single crystal or polycrystal with a diameter of 3 inches or more; (2) visible light transmittance of 65% or more. (Reference Customs Commodity Code: 7104911010)
5. The technology for synthesizing artificial diamond single crystals or cubic boron nitride single crystals using a six-face top press machine.
6. The technology for manufacturing equipment for the six-face top press machine that has already been listed in the pipeline.
II. Exporters should go through the 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 or a copy or scan consistent with the original of the export contract or agreement;
(2) Technical description or test report of the proposed exported item;
(3) End-user and end-use certification;
(4) Introduction of the importer and end-user;
(5) Identity proof of the applicant's legal representative, main managers, and handlers.III. The Ministry of Commerce shall review the export application documents upon receipt, or in conjunction with relevant departments, and make a decision to grant or deny permission 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 shall report to the State Council for approval in conjunction with relevant departments.
IV. Upon review and granting of permission, the Ministry of Commerce shall issue a dual-use items and technology export license (hereinafter referred to as the export license).
V. The procedures for application and issuance of export licenses, handling of special circumstances, and the preservation period of documents and materials shall be implemented in accordance with the relevant provisions of the Order No. 29 of 2005 by the Ministry of Commerce and the General Administration of Customs ("Regulations on the Administration of Import and Export Licenses for Dual-Use Items and Technologies").
VI. Exporters shall present the export license to the customs authorities, handle customs procedures in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. Customs shall handle the release procedures based on the export license issued by the Ministry of Commerce.
VII. Exporters who export without permission, exceed the scope of permission, or have other illegal situations shall be subject to administrative penalties by the Ministry of Commerce or customs and other departments in accordance with the provisions of relevant laws and regulations. If a crime is constituted, criminal responsibility shall be pursued according to law.
VIII. This announcement shall officially come into effect from September 15, 2024.
Ministry of Commerce General Administration of Customs
August 15, 2024
In response to this, the spokesperson for the Ministry of Commerce stated on the same day that China, drawing on international practices and based on its own needs, implements export controls on relevant items to better safeguard national security and fulfill international obligations such as non-proliferation.The spokesperson said that the aforementioned policies will officially come into effect from September 15, 2024. The implementation of export controls on antimony and super-hard materials is a common international practice. The relevant policies are not targeted at any specific country or region. Exports that comply with the relevant regulations will be granted permits. The Chinese government is firmly committed to maintaining world peace and regional stability, ensuring the security of the global industrial and supply chains, and promoting the development of compliant trade. At the same time, it opposes any country or region using controlled items from China to engage in activities that damage China's national sovereignty, security, and development interests.
According to data from the United States Geological Survey (USGS), the global reserves of antimony ore in 2022 were 1.8 million tons, with nearly 70% of the reserves concentrated in China, Russia, Bolivia, and Kyrgyzstan. Among them, China and Russia each have 350,000 tons of antimony reserves, accounting for 18.4% of the global total reserves, ranking first in the world. In 2023, China accounted for 48% of the global antimony ore production.
Antimony is a strategic metal that can be used for military purposes such as missiles, as well as in batteries and photovoltaic devices.
Exporters of affected products must apply for export licenses for dual-use (military/civil) items and technologies.
The United States and other countries are working to reduce their dependence on critical materials from China, formulating policies and support plans for the critical mineral industry, including rare earths.
In December last year, China banned the export of rare earth magnet manufacturing technology, following previous bans on the export of extraction and separation technologies for key materials.
China has also tightened the export of some graphite products and imposed restrictions on the export of gallium and germanium products, which are widely used in the semiconductor industry.
This year, antimony prices have soared to historical highs, driven by tight supply and increasing demand, especially in the photovoltaic industry, where antimony is used to improve the performance of solar cells.
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