Export Control: Gallium-Related Items

According to the "Export Control Law of the People's Republic of China", "Foreign Trade Law of the People's Republic of China" and "Customs Law of the People's Republic of China" relevant provisions, in order to safeguard national security and interests, approved by the State Council, decided to implement export control on gallium and germanium related items. 

Unauthorized gallium-related items that cannot be exported are: gallium metal (monomer), gallium nitride, gallium oxide, gallium phosphide, gallium arsenide, indium gallium arsenic, gallium selenide and gallium antimonide.

Gallium (Ga) is a silvery white or gray-blue metal with low melting point and vapor pressure, metallic luster and certain ductility, which can react with halogen, sulfur, phosphorus, arsenic, antimony, etc. It is widely used in electronics, optoelectronics, magnetism, optics, chemistry, biomedicine and other fields. For example, it can be used to manufacture computer chips, high-speed transistors, electronic devices, solar cells, semiconductor lasers, high-speed electronic devices, liquid crystal displays, LEDs (light-emitting diodes), microwave devices and so on.

Gallium metal is 0.0015% in the earth's crust, and its distribution in nature is scattered, mostly in associated ores, mainly in bauxite, a small amount in tin ore, tungsten ore and lead-zinc ore, and in coal, in addition, excessive gallium intake can cause certain harm to human body, such as kidney failure.

According to China Tungsten Online, the total reserves of gallium in the world are about 230,000 tons, of which China's gallium metal reserves are the first in the world, accounting for about 80%~85% of the total reserves, while the foreign reserves of gallium metal are about 40,000~50,000 tons, including about 0.45 million tons in the United States, about 11,400 tons in South America, about 53,900 tons in Africa and about 19,500 tons in Europe.

To sum up, since gallium is a rare metal element, a toxic substance, and has important application in industry and high-tech field, as well as to protect the environment and resources, China will restrict the export of gallium related items from August 1.

The Ministry of Commerce and the General Administration of Customs jointly issued a notice on the export control of gallium-related items:

I. Gallium-related items that cannot be exported without permission:

1. Gallium metal (monomers) (reference customs code: 8110929010, 8112929090, 8112999000).

Gallium nitride (including but not limited to wafer, powder, scrap, etc.) (Reference: 2850001901, 3818009001, 3825690001).

3. Gallium oxide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, shredded material, etc.) (reference customs commodity number: 2825909001, 3818009002, 3825690002).

4. Gallium phosphide (including but not limited to polycrystalline, single crystal, wafers, epitaxial wafers, etc.) (Reference customs commodity number: 2853904030, 3818009003, 3825690003).

5. Gallium Arsenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, shredded material, etc.) (Reference Customs commodity number: 2853909026, 3818009004, 3825690004).

6. Indium gallium arsenic (reference customs commodity number: 2853909028, 3818009005, 3825690005).

7. Gallium selenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, shredded material, etc.) (Reference customs commodity number: 2842909024, 3818009006, 3825690006).

8. Gallium antimonide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, shredded material, etc.) (reference customs commodity number: 2853909029, 3818009007, 3825690007).

Second, export operators should follow the relevant provisions for export licensing procedures, through the competent provincial commercial departments to the Ministry of Commerce to apply, fill out the dual-use items and technology export application form and submit the following documents:

(A) the original export contract or agreement or a copy or scan of the same with the original;

(B) technical description or test report of the items to be exported

(C) the end-user and end-use certificate;

(D) the importer and end-user profile;

(E) the applicant's legal representative, the main business manager and the identity of the person in charge.

Third, the Ministry of Commerce shall review the export application documents from the date of receipt, or in conjunction with the relevant departments to review, and within the statutory time limit to make the decision to grant or deny permission.

The export of items listed in this announcement has a significant impact on national security, the Ministry of Commerce in conjunction with the relevant departments to the State Council for approval.

Fourth, after review and approval, the Ministry of Commerce issued dual-use items and technology export licenses (hereinafter referred to as export licenses).

Fifth, the export license application and issuance procedures, special circumstances, documents and data retention period, in accordance with the Ministry of Commerce, General Administration of Customs Order No. 29 of 2005 ("dual-use items and technology import and export license management") the relevant provisions of the implementation.

Sixth, the export operator shall issue an export license to the Customs, in accordance with the "Customs Law of the People's Republic of China" for customs procedures, and accept customs supervision. Customs with the export license issued by the Ministry of Commerce for inspection and release procedures.

Seven, export operators export without permission, export beyond the scope of permission or other illegal circumstances, by the Ministry of Commerce or Customs and other departments in accordance with relevant laws and regulations shall be given administrative penalties. Constitute a crime, be held criminally responsible.

Eight, this announcement shall be formally implemented from August 1, 2023.

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