Notice on Export Controls of Gallium and Germanium-related Items

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2025-07-18 17:50

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Ministry of Commerce and General Administration of Customs Announcement No. 23 of 2023 (Announcement on the Implementation of Export Controls on Gallium and Germanium-related Items) The content of the announcement is as follows:

Ministry of Commerce and General Administration of Customs Announcement No. 23 of 2023

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, and in order to safeguard national security and interests, it has been decided, with the approval of the State Council, to implement export controls on gallium and germanium-related items. The relevant matters are announced as follows:

　　I. Items with the following characteristics shall not be exported without permission:

　　(1) Gallium-related items.

　　1. Metallic gallium (elemental) (refer to Customs commodity code: 8112929010, 8112929090, 8112999000).

　　2. Gallium nitride (including but not limited to wafer, powder, scrap, etc.) (refer to Customs commodity code: 2850001901, 3818009001, 3825690001).

　　3. Gallium oxide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap, etc.) (refer to Customs commodity code: 2825909001, 3818009002, 3825690002).

　　4. Gallium phosphide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, etc.) (refer to Customs commodity code: 2853904030, 3818009003, 3825690003).

　　5. Gallium arsenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap, etc.) (refer to Customs commodity code: 2853909026, 3818009004, 3825690004).

　　6. Indium gallium arsenide (refer to Customs commodity code: 2853909028, 3818009005, 3825690005).

　　7. Gallium selenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap, etc.) (refer to Customs commodity code: 2842909024, 3818009006, 3825690006).

　　8. Gallium antimonide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap, etc.) (refer to Customs commodity code: 2853909029, 3818009007, 3825690007).

　　(2) Germanium-related items.

　　1. Metallic germanium (elemental, including but not limited to crystal, powder, scrap, etc.) (refer to Customs commodity code: 8112921010, 8112921090, 8112991000).

　　2. Zone-refined germanium ingot (refer to Customs commodity code: 8112921090).

　　3. Zinc germanium phosphide (including but not limited to crystal, powder, scrap, etc.) (refer to Customs commodity code: 2853904040, 3818009008, 3825690008).

　　4. Germanium epitaxial growth substrate (refer to Customs commodity code: 8112921090).

　　5. Germanium dioxide (refer to Customs commodity code: 2825600002, 3818009009, 3825690009).

　　6. Germanium tetrachloride (refer to Customs commodity code: 2827399001, 3818009010, 3825690010).

　　II. Export operators shall handle export licensing procedures in accordance with relevant regulations, submit applications to the Ministry of Commerce through the provincial commerce authorities, fill out the application form for the export of dual-use items and technologies, and submit the following documents:

　　(1) Original or copy of export contract or agreement;

　　(2) Technical description or test report of the intended export items;

　　(3) Proof of end-user and end-use;

　　(4) Introduction of the importer and end-user;

　　(5) Identity certificates of the legal representative, main business manager, and operator of the applicant.

　　III. The Ministry of Commerce shall review the export application documents from the date of receipt, or conduct the review together with relevant departments, and make a decision on approval or disapproval within the statutory time limit.

　　The export of items listed in this announcement that have a significant impact on national security shall be approved by the State Council in conjunction with relevant departments.

　　IV. For those approved after review, the Ministry of Commerce shall issue export licenses for dual-use items and technologies (hereinafter referred to as export licenses).

　　V. The procedures for applying for and issuing export licenses, handling of special situations, and the retention period of documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 issued by the Ministry of Commerce and the General Administration of Customs (Management Measures for Import and Export Licenses of Dual-use Items and Technologies).

　　VI. Export operators shall submit export licenses to customs, 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 release procedures based on the export licenses issued by the Ministry of Commerce.

　　VII. Export operators who export without permission, export beyond the permitted scope, or have other illegal acts shall be subject to administrative penalties by the Ministry of Commerce or customs and other departments in accordance with relevant laws and regulations. Those who constitute a crime shall be investigated for criminal responsibility according to law.

　　VIII. This announcement shall come into effect on August 1, 2023.

　　Ministry of Commerce General Administration of Customs

　　July 3, 2023

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