Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

China's Ministry of Commerce announced on 3 December 2024 (MOFCOM Announcement No. 46 of 2024) a formal ban on dual-use exports to the United States of gallium, germanium, antimony and superhard materials including diamond and cubic boron nitride. The measure also imposed strict end-use review on graphite exports to the US, with extra scrutiny of military end-uses. It came one day after BIS issued a major export- control package on 2 December 2024 expanding controls on Chinese semiconductor equipment and adding 140 entities to the Entity List, and was framed by MOFCOM as a national- security countermeasure.

The US Bureau of Industry and Security issued its largest single export-control package targeting China's semiconductor industry on 2 December 2024, with three layered measures (final rules published in the Federal Register 5 December 2024). First, controls on high-bandwidth memory (HBM) above set performance thresholds — blocking the memory architecture that is foundational to AI training. Second, additions of 24 semiconductor manufacturing equipment item types to the Commerce Control List, covering deposition, etch, ion- implant, advanced packaging, and metrology categories. Third, Entity List designations for 140+ entities, the bulk Chinese semiconductor companies + equipment makers + investment vehicles, including major Chinese fab tooling firms. The package triggered MOFCOM's same-day-following retaliation (filed: 2024-12-03-china-mofcom-ge-ga-sb-export-ban-us).

The European Commission published Implementing Regulation (EU) 2024/2754 on 29 October 2024 imposing definitive countervailing duties on imports of new battery electric vehicles (BEVs) originating in China, effective the day after publication. Following a 13-month investigation initiated by Commissioner Dombrovskis in October 2023, the rates layered on top of the existing 10% MFN duty are: BYD 17.0%, Geely 18.8%, SAIC 35.3%, Tesla 7.8% (individually-investigated), 17.0% for sampled cooperating producers, 20.7% for non-sampled cooperating producers, 35.3% for non-cooperating producers. Duties are payable for five years from entry into force unless reviewed earlier. The measure followed a member-state vote with Germany voting against and France/Italy in favour.

Premier Li Qiang signed State Council Decree No. 792 on 19 October 2024 promulgating the Regulations of the People's Republic of China on Export Controls for Dual-Use Items, with effect from 1 December 2024. The regulation, organised in six chapters and 50 articles, consolidates the previously fragmented nuclear / biological / chemical / missile dual-use control regimes into a single State Council framework operationalising the 2020 Export Control Law. It introduces a control-list / temporary-control / watchlist architecture, a statutory end-user / end-use commitment regime, transit / transhipment / re-export controls, extraterritorial reach over PRC items downstream, and explicit linkage to the Anti-Foreign Sanctions Law. On 15 November 2024 MOFCOM, MIIT, GAC and SCA jointly issued Announcement No. 51 of 2024 publishing the consolidated Dual-Use Items Export Control List with a unified five-character ECCN-style coding system, also effective 1 December 2024.

On 6 September 2024 China's National Development and Reform Commission (NDRC) and Ministry of Commerce (MOFCOM) jointly issued Order No. 23, the Special Administrative Measures (Negative List) for Foreign Investment Access (2024 Edition), effective 1 November 2024. The 2024 list reduces nationwide restrictions from 31 to 29 entries, removing the last two manufacturing- sector restrictions (publication printing must be Chinese-controlled; investment in TCM-decoction steaming/roasting/calcination processes and confidential-formula proprietary Chinese-medicine production prohibited). Restrictions remain in services (telecommunications value-added, healthcare, education) and in 21 prohibited categories (news publishing, postal monopoly, fishing, gene therapy, tobacco). The 2021 edition is repealed on the same date.

China registered the National Integrated Circuit Industry Investment Fund III Co., Ltd. ("Big Fund III") in Beijing on 24 May 2024 with RMB 344 billion (~USD 47.5 billion) of registered capital — the largest single capital raise of the three Big Fund phases (Phase I 2014: RMB 138.7bn; Phase II 2019: RMB 204bn). Nineteen state-owned investors contribute, led by the Ministry of Finance (17% / RMB 60bn) and the six largest state-owned commercial banks (ICBC, ABC, BoC, CCB ~6.25% each at RMB 21.5bn; BoCom RMB 20bn; PSBC RMB 8bn). Duration 15 years (24 May 2024 → 23 May 2039). The fund explicitly targets the chokepoints exposed by US BIS October 2022/2023/2024 controls — semiconductor manufacturing equipment, advanced memory (HBM/DRAM), AI accelerators, and third-generation compound semiconductors (SiC, GaN).

The Biden administration announced on 14 May 2024 a package of Section 301 tariff increases on Chinese imports following the four-year statutory review of the original 2018-2019 tariffs. The hikes target sectors central to the US-China industrial-policy contest: BEVs went from 25% to 100%, lithium- ion EV batteries 7.5% → 25% (with non-EV battery cells rising in 2026), battery parts 7.5% → 25%, natural graphite + magnets 0% → 25% (phased to 2026), semiconductors 25% → 50% (phased to 2025), solar cells 25% → 50%, steel + aluminum products in selected categories 0-7.5% → 25%, ship-to-shore cranes 0% → 25%, certain medical products 0-7.5% → 50%. USTR issued the final determination on 13 September 2024 with most items effective 27 September 2024.

The US Bureau of Industry and Security (BIS) final rule (89 FR 41706; FR Doc 2024-10485) added 37 entities under 37 entries to the Entity List, all listed under the destination of the People's Republic of China. BIS designated these parties for one or more of three rationales: (i) shipping US-controlled items to Russia in violation of EAR controls, (ii) attempting to acquire US-origin items to support China's military modernisation or quantum-technology capabilities, and (iii) ties to the PRC high-altitude balloon that overflew the United States in late January–early February 2023. The designations span PRC technology companies (predominantly quantum-computing firms), manufacturing companies, and research institutes. License requirement is "all items subject to the EAR" with a policy of presumption of denial and no license exceptions available. The rule is effective 2024-05-09, with publication in the Federal Register on 2024-05-14.

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), enacted as Division H of P.L. 118-50 (21st Century Peace through Strength Act), prohibits app stores and internet hosting services from distributing, maintaining, or updating "foreign adversary controlled applications" — defined explicitly to include ByteDance Ltd and its subsidiaries (TikTok). ByteDance was given 270 days from enactment (until January 19, 2025) to execute a "qualified divestiture" — selling TikTok to an owner with no operational relationship with a foreign adversary — or face a nationwide distribution ban. The Supreme Court unanimously upheld the law's constitutionality in TikTok, Inc. v. Garland (January 17, 2025), rejecting First Amendment challenges and affirming the national-security rationale grounded in data-collection concerns.

The US Bureau of Industry and Security (BIS) final rule (89 FR 25503; FR Doc 2024-07760) added 11 entries to the Entity List under China (6), Russia (3), and the United Arab Emirates (2), effective 2024-04-11. The primary rationale for the Russia and UAE tranches — and at least one China entity (Shenzhen Jiasibo Technology) — is procurement of US-controlled dual-use aerospace and UAV components for Iran's Shahed- series UAV programme via the Iran Aircraft Manufacturing Industrial Company (HESA); those drones have been used against oil tankers in the Middle East and deployed by Russia in Ukraine. The remaining five China entities were designated for acquiring US-origin items to support China's military modernisation. The rule also adds one alias to the existing entry for Shanghai Biren Intelligent Technology Co., Ltd. This action was the first Entity List final rule published after BIS implemented the 50 Percent Rule for controlling foreign subsidiaries of listed entities.

The Cyberspace Administration of China (CAC) issued the Provisions on Promoting and Regulating Cross-Border Data Flows (《促进和规范数据跨境流动规定》) on 22 March 2024, effective immediately. The rules substantially raise the thresholds at which CAC security assessment, Standard Contractual Clauses (SCC), or Personal Information Protection Certification are required for outbound data transfers, and create categorical exemptions for contract performance, HR management, intra-group transfers below a volume threshold, and transit data processed in China with no domestic personal information introduced. A Free Trade Zone pilot mechanism allows designated FTZs (Shanghai Lingang, Tianjin, Beijing) to publish their own negative lists defining which data categories still require prior approval, easing conditions for multinationals with operations in those zones.

On 13 March 2024 the State Council issued the Action Plan on Promoting Large-Scale Equipment Renewal and Consumer Goods Trade-In as Guo Fa [2024] No. 7, distributed by NDRC alongside ten implementing ministries. Branded the "Two New" (两新) initiative, it is the flagship Xi/Li-era domestic-demand industrial-policy instrument structured around four action lines (equipment renewal, consumer-goods trade-in, recycling and circular utilisation, standards uplift) with twenty specific tasks and 2027 quantitative targets including ≥25% increase in equipment investment vs 2023 across industry, agriculture, construction, transport, education and healthcare. Funded by CNY 150bn of ultra-long-term special treasury bonds in 2024, expanded to CNY 300bn earmarked in 2025, the programme drove >CNY 1.3 trillion of consumer-goods trade-in transactions (autos, appliances, home furnishings, e-bikes) in its first year and is the central pillar of Beijing's response to the property-sector slowdown.