New MOFCOM announcements on rare earths.
Background
On 9 October 2025, the Ministry of Commerce (“MOFCOM”) and the General Administration of Customs of the People’s Republic of China (“GAC”) issued a series of Announcements that dramatically expand China’s export controls over rare earths, rare-earth-related technologies, and upstream and downstream manufacturing equipment. Notably, products subject to the new export controls include specified magnets and battery-related items.
The new measures represent a significant expansion of China’s export controls over strategic materials and technologies and mark the first time Beijing has introduced the de minimis, foreign direct product rules (“FDPR”), and re-export control concepts similar to those used by the U.S.
The Announcements include:
- MOFCOM Announcement No. 61 – Decision on Implementing Export Control on Overseas-Related Rare Earth Items (“MOFCOM Announcement No. 61”), setting out the general framework of the new export control rules;
- MOFCOM Announcement No. 62 – Decision on Imposing Export Controls on Rare Earth-Related Technologies (“MOFCOM Announcement No. 62”), setting out rules for deemed exports of controlled items; and
- MOFCOM and GAC Announcements Nos. 55-58, which expand the scope of rare-earths and related items subject to export controls.