【Export Control Measures】Q&A on Export Control of Graphite Items

The "Announcement on Optimizing and Adjusting the Temporary Export Control Measures for Graphite Items" (Announcement No. 39 of the Ministry of Commerce and the General Administration of Customs in 2023), hereinafter referred to as "Announcement No. 39," optimizes and adjusts the scope of items listed in Announcement No. 50 (Announcement No. 50 of the Ministry of Commerce, the State Commission of Science and Technology for National Defense Industry, and the General Administration of Customs in 2006), implementing export control on certain items. The new policy came into effect on December 1, 2023. Specification reference for graphite electrodes used in short process electric arc furnaces.

Key points to note about this new policy:

1. What is the scope of controlled items?

Items meeting the following characteristics shall not be exported without permission:

Artificial graphite materials and their products with high purity (purity >99.9%), high strength (flexural strength >30 MPa), and high density (density >1.73 g/cubic centimeter) (reference customs commodity numbers: 3801100030, 3801909010, 6815190020).

Natural flake graphite and its products (including spherical graphite, expanded graphite, etc.) (reference customs commodity numbers: 2504101000, 2504109100, 3801901000, 3801909010, 3824999940, 6815190020). Apart from the above items, the temporary export control measures for other items listed in Announcement No. 50 have been canceled.

2. What are the main changes?

Announcement No. 39 formally includes three highly sensitive graphite items, such as spherical graphite, which were previously subject to temporary control, into the list of dual-use items for export control. At the same time, it cancels the temporary control on five low-sensitive graphite items mainly used in steel, metallurgy, chemical industry, and other national economic basic industries, such as furnace carbon electrodes.

3. What documents do enterprises need to provide to which departments if they need to export?

I. Exporters should apply for export licenses through the provincial commerce authorities to the Ministry of Commerce in accordance with relevant regulations, fill out the application form for dual-use items and technology export, and submit the following documents:

① Original or consistent copies/scans of export contracts or agreements.

② Technical specifications or test reports of the intended export items.

③ Proof of the end-user and end-use.

④ Information about the importer and end-user.

⑤ Identification documents of the legal representative, key management personnel, and handling personnel of the applicant. Upon approval, the Ministry of Commerce issues the export license for dual-use items and technology (hereinafter referred to as the export license).

II. Exporters should present the export license to the customs and go through customs procedures in accordance with 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. Feel free to contact us for information on graphite export policies.