【Graphite Export】Only 1,790 Grams of Graphite Samples! Falsely Declared as...

The rapid growth of the EV and energy storage industries is boosting demand for high-performance lithium batteries, driving the market for quality petroleum coke and synthetic graphite. The quality and particle size of calcined petroleum coke directly affect synthetic graphite performance, especially in anode production.

【Graphite Export】Only 1,790 Grams of Graphite Samples! Falsely Declared as Personal Items and Shipped to Thailand, Fined RMB 50,000 — A Must-Read Red Line of Export Control

In July 2025, during inspection of a batch of mail parcels sent to Thailand, Customs discovered that one parcel was declared as "graphite samples," appearing to be ordinary personal items. However, the parcel actually contained two bags of suspected graphite powder, namely natural earthy graphite powder (826 g) and natural flake graphite powder (964 g), with a total weight of 1,790 grams and a declared value of only RMB 215.81.

In August 2025, identification reports issued by the Customs Chemical, Mineral and Metal Materials Testing Center confirmed that the items in the parcel were natural flake graphite and natural earthy graphite, which are explicitly listed as nationally controlled export items. Prior to export, a dual-use items export license must be obtained, and formal export procedures must be handled in accordance with cargo export regulations.

Upon investigation, the actual sender of the parcel was the party involved, and the graphite in question was a cargo sample sent to a company in Thailand. More critically, the party clearly knew that the graphite samples were nationally controlled export items, requiring relevant permits and formal cargo export procedures, yet deliberately misdeclared them as personal items to evade customs supervision and exported them without authorization. Ultimately, after review, Customs made an administrative penalty decision in accordance with relevant laws and regulations, imposing a fine of RMB 50,000 on the party involved.

Illegal Conduct in This Case

The key issue in this case lies in the party's "subjective intent + violation of the new graphite export control regulations." Natural graphite has been formally included in the dual-use items export control list. Even when exported as samples, exporting without authorization or through false declaration still results in severe penalties.

1. Core Violations: Dual Infractions, Serious in Nature

The party's conduct simultaneously crossed two major regulatory red lines. The degree of subjective intent and the nature of the violation far exceeded ordinary negligence, forming the core basis for the RMB 50,000 fine:

n Unauthorized export of controlled items: According to the adjusted graphite export control policy officially implemented on December 1, 2023, natural flake graphite and its products have been included in the dual-use items export control list. Export without authorization is strictly prohibited. The natural flake graphite and natural earthy graphite involved in this case fall within the controlled scope and require prior application to the Ministry of Commerce for a dual-use items export license, with customs clearance conducted on the basis of the approved license;

n False declaration of trade (item) nature to evade supervision: Despite knowing that export procedures should have been handled as cargo, the party deliberately misdeclared the items as personal belongings and used postal channels to evade licensing review and customs supervision. This constitutes intentional concealment of illegal facts, an active violation rather than an accidental error.

2. Graphite as a Key Material in New Energy and High-End Manufacturing

Graphite is a critical raw material for new energy, high-end manufacturing, and certain sensitive sectors. Among them, natural flake graphite, due to its dual civil and potential sensitive applications, has been included in the dual-use items export control framework. This regulatory adjustment is an important measure by the state to optimize export controls, safeguard national security, and maintain global supply chain stability, and is not targeted at any specific country or region.

Legal Basis Involved

➢ Article 34, Item (1) of the Export Control Law of the People's Republic of China
➢ Article 58, Paragraph 2 of the Procedural Provisions of the People's Republic of China Customs for Handling Administrative Penalty Cases

The Hidden Costs of Violations Far Exceed the Fine

For the party involved, the RMB 50,000 fine is only the direct loss. The implicit risks of exporting controlled items without authorization and through false declaration may have far more serious consequences, potentially even involving criminal liability:

n Credit and qualification restrictions: Violation records will be incorporated into the credit files of Customs and export control authorities. Enterprises and individuals may be listed as dishonest entities, and future applications for export licenses involving controlled items will be subject to stricter scrutiny, or even result in a ban on engaging in relevant import and export activities;

n Restrictions on postal services and customs clearance: The postal channels used by the individual sender and related enterprises will be placed under key supervision. Inspection rates for future shipments will increase significantly, customs clearance efficiency will drop sharply, and cross-border postal services may even be restricted;

n Potential criminal risk: In cases of repeated violations, larger quantities, or involvement of sensitive end users, the conduct may constitute the crime of illegal export of controlled items. Legal representatives and directly responsible personnel may face criminal prosecution, with penalties of up to life imprisonment;

n Brand and cooperation risks: Violation records may be publicly notified, leading overseas customers and upstream or downstream partners to terminate cooperation. In particular, graphite exports are closely linked to key sectors such as new energy, and lack of compliance qualifications will directly result in the loss of market competitiveness.

Conclusion

Tightening graphite export control is an inevitable trend. Do not take chances based on "small sample quantities," and never deliberately misdeclare to evade supervision. A RMB 215 sample leading to a RMB 50,000 fine may seem disproportionate, but it reflects the rigid bottom line of national export control enforcement. Whether for enterprises or individuals, when exporting controlled items, strict compliance must be upheld: conduct advance verification, obtain all required licenses, and declare truthfully, to avoid suffering major losses from minor oversights.

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