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China Adds Tunnel Boring Machines and Other Equipment to Export Control List: What Foreign Founders Need to Know

China's MOFCOM and GAC Announcement No. 50 of 2026 imposes export controls on tunnel boring machines, walking excavators, and high-altitude wet shotcrete machines, effective November 18, 2026. Foreign founders operating in China must understand licensing requirements and compliance obligations.

Key Takeaways for Foreign Founders

China’s Ministry of Commerce (MOFCOM) and General Administration of Customs (GAC) have issued Announcement No. 50 of 2026, adding certain equipment to the export control list. The measures take effect on November 18, 2026. For foreign founders with China-based companies involved in manufacturing, trading, or exporting industrial machinery, this means new licensing and compliance steps. Understanding these rules is essential to avoid shipment delays or penalties.

What Products Are Now Controlled?

The announcement covers three categories:

• Tunnel boring machines (2B906): Includes earth pressure balance shield machines, slurry shield machines, and other shield machines; open-type, single-shield, double-shield rock tunnel boring machines, and other rock TBMs (HS code reference: 8430313010).
• Components for TBMs (2A906): Cutter heads (8431499910), screw conveyors (8428310010), segment erectors (8479899959), main drive systems, and other key units (8431499910).
• Remanufacturing technology (2E906): Specifically designed for controlled TBM items.
• Walking excavators (2B904): Those with any of the following: vertical obstacle crossing over 1.2 m, wading depth over 1.5 m, trench crossing over 3 m, or walking gradient over 40° (8429521920). Also includes electro-hydraulic proportional control technology for hydraulic systems (2E904).
• High-altitude wet shotcrete machines (2B903): For use above 3,000 m altitude, with all of: engine max power over 75 kW and torque over 680 N·m; motor max power over 55 kW; pumping system suction efficiency over 95%; air compressor displacement over 15 m³/min; low-temperature hydraulic oil usable at -20°C (8479109010).
• Parts for shotcrete machines (2A903): High-altitude engines (8408909240, 8408909330), engine auxiliary oxygen supply (8421399030), high-altitude motors (8501520020, 8501530020), two-stage air compressors (8414804110), high-altitude chassis (8479909030), folding arms (8479909030).
• Technology (2E903): Hydraulic and pumping technology for shotcrete machines.

Licensing Requirements: What Your China Entity Must Do

If your China company exports any of these items to sensitive countries or regions that have disputes with China, you must apply for a license from the State Council’s commerce department under the Export Control Law and the Regulations on Export Control of Dual-Use Items. Without a license, exports to those destinations are prohibited.

For exports to all other countries and regions, you must obtain an export certificate by registering and filing information. Both the exporter and the end user must commit not to transfer or provide the China-origin items to sensitive countries or regions without authorization. Organizations and individuals outside China are also prohibited from transferring or providing China-origin controlled items to such sensitive destinations without a license.

Customs Clearance: Accurate Declarations Are Mandatory

Exporters are responsible for the authenticity of customs declarations. You must strengthen the identification of export items. If an item is controlled, you must note “属于两用物项” (dual-use item) in the remarks column of the customs declaration and list the export control code. If an item is not controlled but its parameters, indicators, or performance are close to controlled thresholds, you must note “不属于管制物项” (not a controlled item) and provide specific parameters.

If customs has doubts about the completeness, accuracy, or authenticity of the declared information, it will question the exporter according to law, and the goods will not be released during the questioning period.

How This Affects Company Registration and Operations

For foreign founders setting up a trading or manufacturing company in China, these controls mean that your business scope should clearly reflect whether you deal in controlled items. If you plan to export such equipment, you may need to obtain relevant licenses before starting operations. When registering your company, consider including provisions for export control compliance in your internal policies.

Additionally, your China entity must maintain proper records and ensure that all export activities comply with the dual-use item regulations. This may require additional staffing or training for compliance officers.

If your company is already registered and exports these items, you should review your export destinations and customer base to ensure no unauthorized transfers to sensitive countries. You may need to update your contracts to include end-user commitments.

Practical Steps for Compliance

• Identify whether your products fall under the controlled list by checking technical parameters against the announcement.
• For controlled items, apply for an export license from MOFCOM if exporting to sensitive countries; for other destinations, complete the registration to obtain an export certificate.
• Ensure customs declarations accurately reflect the control status of each shipment.
• Include commitments from end users not to re-transfer to sensitive destinations.
• Keep documentation for at least the period required by law (typically 5 years).

The announcement also updates the Dual-Use Items Export Control List accordingly. Companies should consult the latest list.

Need Help?

Navigating export controls while setting up or running a company in China can be complex. Foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535 for assistance with company registration, licensing, and compliance.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.