To keep our clients informed, we are providing the following English translation of the MOFCOM “FAQs on Dual-Use Items, Part 4 (Rare Earths).”
Source: Bureau of Industry, Security, Import and Export Control
Date: 2025-04-21
Based on recent inquiries from enterprises and after communication with relevant departments of the General Administration of Customs, the common identification issues regarding medium and heavy rare earth-related items are answered as follows:
1. Are there specific requirements for the rare earth content in relevant alloys and targets?
For items such as alloys and targets listed for control in the announcement, the scope of control includes not only alloys and targets containing only the listed elements but also those containing both listed and unlisted elements. The following products are examples:
1). A “magnesium alloy” with specifications “12% gadolinium, 70% magnesium, 6% nickel, 4% neodymium, 3% zinc, with the remainder being an alloy of aluminum, manganese, and iron” falls within the scope of the controlled item “gadolinium-magnesium alloy.”
2). An “aluminum alloy powder” with specifications “70%-90% aluminum, 1% magnesium, 1% scandium” falls within the scope of the controlled item “scandium-aluminum alloy.”
3). A “nickel alloy powder” with specifications “55% nickel, 37% samarium, 4% lanthanum, 0.22% magnesium” falls within the scope of the controlled item “samarium-nickel alloy.”
4). Both an “aluminum alloy sputtering target” with specifications “98% aluminum, 2% scandium” and an “aluminum scandium nitride target” with specifications “60% aluminum nitride, 40% scandium nitride” fall within the scope of the controlled item “scandium target.”
2. How should the concept of a “mixture” be understood?
“Mixture” refers to a simple physical blend of a controlled item, which does not have a fixed chemical formula, composition, or properties. The components do not undergo chemical reactions and retain their original properties. The following products are examples:
1). A “slurry (solution)” with specifications “50% pure water, 30% barium carbonate, 12% yttrium oxide, 8% other trace oxides combined” falls within the scope of the controlled item “mixture of yttrium oxide.”
2). A “mineral clay desiccant” with specifications “58% silicon dioxide, 18% calcium chloride, 8% aluminum oxide, 0.15% dysprosium oxide” falls within the scope of the controlled item “mixture of dysprosium oxide.”
3). A “catalyst raw material” with specifications “90% water, 5% zirconium oxide, 0.5% yttrium oxide” falls within the scope of the controlled item “mixture of yttrium oxide.”
3. How is the control scope for “permanent magnet materials” defined?
Primary processed products formed through simple further processing of samarium-cobalt permanent magnet materials, terbium-containing neodymium-iron-boron permanent magnet materials, or dysprosium-containing neodymium-iron-boron permanent magnet materials—such as sheets, tiles, rings, and related magnetic components/assemblies—fall within the scope of control. These may be referred to by various names such as magnetic steel, magnetic rings, or magnets. Electronic components (e.g., motors) or electronic products (e.g., loudspeakers, headphones) formed through further deep processing are not within the scope of control.
Additionally, downstream rare earth functional materials such as phosphor powders, catalytic materials (e.g., “automotive catalysts”), crystal materials (e.g., “lutetium-yttrium silicate optical crystals”), and ceramic materials (e.g., “yttrium-zirconium ceramic,” “zirconia ceramic blocks for all-ceramic dentures,” “ceramic whitening agents,” “thermal spray powders,” “yttria-stabilized zirconia powder”) are not within the control scope for medium and heavy rare earth items. If the relevant specifications of items containing both yttrium and zirconium meet the criteria for controlled items under heading 1C234 or other headings of the Dual-Use Item and Technology Export Control List, they should be managed according to the relevant dual-use item requirements. “Gadobutrol monohydrate” and “Gadoterate meglumine” are not within the control scope for medium and heavy rare earth items.
Disclaimer:
This translation is offered as a resource; for official guidance, please consult the original source document and appropriate legal counsel.
