Notice No. 46 of 2024, issued on 3 December 2024, set two numbered paragraphs: a ban on exports to US military users, and a refusal presumption for four items bound for the United States. Notice No. 72, issued on 9 November 2025, switched the second off until 27 November 2026. Neither amends an entry of the list.
What the two documents say
Notice No. 46 is short enough to read in full, and its structure matters more than its length:
| Paragraph | What it says | Status since 9 November 2025 |
|---|---|---|
| 一 | Prohibits exports of dual-use items to US military users or for US military end uses | in force |
| 二 | Licences for related dual-use items of gallium, germanium, antimony and superhard materials bound for the United States will in principle not be approved; graphite exports face stricter end-user and end-use review | suspended until 27 November 2026 |
The notice also carries an unnumbered paragraph, and it is the one a re-exporter needs. Its text reads: 任何国家和地区的组织和个人，违反上述规定，将原产于中华人民共和国的相关两用物项转移或提供给美国的组织和个人，将依法追究法律责任. The trigger is 违反上述规定, the above provisions. The paragraph itself is not suspended.
Notice No. 72 is one sentence: 经批准，自即日起至2026年11月27日，商务部公告2024年第46号…第二款暂停实施. Read in the original (Notice No. 72), it suspends the second paragraph and nothing else.
The entry numbers, and the trap in them
Entry numbers for the four items and the superhard set are those of the December 2024 edition of the list, the only one this page could read. Three codes in the next paragraphs come from Announcement No. 55 instead. Two are absent from that edition: 2C902 and 2E902. The neighbouring 2C901 and 2E901 are in it, which is the first trap. The third is worse: No. 55 uses 2B005.b for DCPCVD equipment, while the 2024 edition uses 2B005.b for a microwave-frequency condition inside the MPCVD entry. The same string means two different things depending on which instrument the reader is holding.
Where the four named items sit
Paragraph two names four items under the refusal presumption, and they do not sit in the same shape. Gallium and germanium are single entries, 3C001 and 3C002. Antimony is 3C003 plus the gold-antimony smelting and separation technology at 3E003. Neither notice amends any of them (the list).
The fourth is superhard materials, and in the December 2024 edition of the list it sits in five places rather than one. That edition carries the items that Announcement No. 33 of 2024 had grouped under a superhard heading: cubic-press components at 2A901, MPCVD equipment at 2B005, the press itself at 2B901, diamond window material at 2C901, and the process technologies at 2E901, which include synthesising synthetic diamond single crystal and cubic boron nitride single crystal. That announcement, issued in August 2024, controlled antimony and superhard materials in a single instrument. It was repealed on 1 December 2024, along with ten others.
Announcement No. 55, and the five this page did not read
Announcement No. 55 of 2025 was issued on 9 October with an effective date of 8 November. It would have added 2C902 for diamond micropowder, single crystal, wire saw and grinding wheel, 2B005.b for DCPCVD equipment and 2E902 for the process. On 7 November, the day before that effective date, Announcement No. 70 suspended No. 55 together with 2025 Nos. 56, 57, 58, 61 and 62 until 10 November 2026. No. 55’s six items therefore never came into force. The other five instruments are named by No. 70 and this page has not read them, so it says nothing about what any of them would have done.
Two clocks, and neither one says what follows
Two suspensions are running here, on different clocks. Paragraph two of Notice No. 46 is off until 27 November 2026, the earlier date, and what happens on 28 November is not stated in the notice. The batch No. 70 suspended, and No. 58 continued, is off until 10 January 2027, and what happens after that date is not stated either.
What survives, and on which entries
So the licence requirement survives for all four names, but it does not come from one place. For the three metals it attaches to entries the suspension left alone. For superhard materials the entries this page can document are the five the 2024 list carries, and Notice No. 72 mentions none of the instruments involved. The presumption in paragraph two covered that name too, so the suspension reaches it as well.
What actually changed
What changed is the presumption. Under paragraph two as drafted, an application naming the United States for one of the four items would in principle be refused. With the paragraph suspended, that destination-specific presumption no longer sits on the file until 27 November 2026.
The graphite clause sits inside the same second paragraph, behind a semicolon, so it changed status on the same day and for the same period.
What to check on a file today
- Is the destination the United States, and is the end use military? Paragraph one is unaffected by either notice, so that prohibition applies today as it did in December 2024.
- If the end use is civil, the licence application still goes in. What it no longer carries is the paragraph-two presumption against approval.
- Does the file mention graphite? The same suspension covers the stricter-review clause, but graphite is itself a list entry at 1C108, and the list is not destination-specific, so in the edition read the entry stands for every destination.
- Does the contract have a milestone after 27 November 2026? The licence position at that milestone is not stated by anything cited here, so the contract should say who carries it.
Dates
| Date | Event |
|---|---|
| 3 December 2024 | Notice No. 46 issued and in force; both paragraphs live |
| 7 November 2025 | Announcement No. 70 suspends No. 55 and five others |
| 9 November 2025 | Notice No. 72 issued and in force; paragraph two suspended |
| 9 November 2026 | 2026 No. 58 issued, continuing the suspension from 11 Nov 2026 |
| 27 November 2026 | Last day covered by the paragraph-two suspension |
| 10 January 2027 | Last day of the No. 70 / No. 58 suspension |
The three metals are covered in the gallium, germanium and antimony guides, and the older announcements that the list replaced are mapped in the note on the eleven announcements.
Methodology
Both notices are read in the original Chinese and quoted by paragraph. The statement that neither notice amends a list entry is a comparison of the two notices against the list published on 15 November 2024 and in force from 1 December 2024; no later edition was available to this page. That edition carries no entry under the name 超硬材料: searching its attachment for that string returns nothing, and the superhard items appear instead under 2A901, 2B005, 2B901, 2C901 and 2E901. Announcements No. 33 of 2024 and No. 55, No. 70 and No. 58 of 2025 and 2026 are read in the original Chinese, including their dates: No. 33 and No. 55 add items, No. 70 and No. 58 suspend and continue a suspension. No. 70 is the reason the items No. 55 added are described as suspended rather than in force: its text suspends No. 55 for a fixed period, and MOFCOM’s own page carries No. 70 as 现行有效. The three possible outcomes after 27 November 2026 are presented as possibilities, not as forecasts, and none of them is sourced, because the notice says nothing about what follows.
Sources
商务部公告 2024 年第 46 号，关于加强相关两用物项对美国出口管制的公告，2024-12-03。 https://www.mofcom.gov.cn/zwgk/zcfb/art/2024/art_3d5e990b43424e60828030f58a547b60.html
商务部公告 2025 年第 72 号，公布调整实施商务部公告 2024 年第 46 号的决定，2025-11-09。 https://www.mofcom.gov.cn/zwgk/zcfb/art/2025/art_5c68985a6b1a46778e2e8dbff1bb1601.html
商务部 海关总署公告 2024 年第 33 号，对锑等物项实施出口管制，2024-08-15 发布。 https://www.mofcom.gov.cn/zwgk/zcfb/art/2024/art_a4711acb06364199a3c5a06d7f2be6d8.html
商务部 海关总署公告 2025 年第 55 号，公布对超硬材料相关物项实施出口管制的决定，2025-10-09 发布，2025-11-08 施行。 https://www.mofcom.gov.cn/zwgk/zcfb/art/2025/art_949f47563b834dad95b0010f375a892c.html
商务部 海关总署公告 2026 年第 58 号，公布继续暂停实施 2025 年第 55 号、56 号、57 号、58 号及第 61 号、62 号的决定，2026-11-09 发布，暂停至 2027-01-10。 https://www.mofcom.gov.cn/zcfb/dwmygl/art/2026/art_46a13d76cf7243b7af4394ecbdf13b90.html
商务部 海关总署公告 2025 年第 70 号，公布暂停实施 2025 年第 55 号、56 号、57 号、58 号及第 61 号、62 号的决定，2025-11-07 发布，暂停至 2026-11-10。 http://www.mofcom.gov.cn/zwgk/zcfb/art/2025/art_b1ec77dd3f0d4762952904df7cdaadec.html
商务部、工业和信息化部、海关总署、国家密码局公告 2024 年第 51 号，《两用物项出口管制清单》，2024-12-01 施行。 https://www.mofcom.gov.cn/zcfb/dwmygl/art/2024/art_e56833e346534981b250bae772d0cbce.html
Questions
Does the suspension lift export controls on gallium, germanium and antimony?
No. In the December 2024 edition of the list they sit in 3C001, 3C002 and 3C003, with the gold-antimony smelting and separation technology at 3E003, and neither notice amends those entries. What the suspension removes is the destination-specific presumption that an application naming the United States would in principle be refused. The fourth item, superhard materials, has the five entries the 2024 list carries as its documented basis; Announcement No. 70 suspended Announcement No. 55 before it took effect, and Announcement No. 58 of 2026 continued that suspension to 10 January 2027.
Until when does the suspension run?
To 27 November 2026. Notice No. 72 says nothing about what happens after that date, and three outcomes are possible: a further extension, the paragraph returning in its original form, or the paragraph being amended or replaced.
Does the ban on exports to US military users and military end uses still apply?
Yes. That is the first paragraph of Notice No. 46, and Notice No. 72 suspends only the second paragraph.
What does the suspension do to the graphite clause?
It suspends it too. The stricter end-user and end-use review for graphite sits inside the same second paragraph, so it was suspended on the same date even though it is not one of the four items named in the first clause of paragraph two.