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The “negative list” is now implemented nationwide, and there is a new policy on phasing out electrolytic aluminum production.

2019-02-12

With the approval of the CPC Central Committee and the State Council, the National Development and Reform Commission and the Ministry of Commerce issued the “Negative List for Market Access (2018 Edition)” on the afternoon of December 24, marking the entry of China’s market access negative-list system into a new phase of full implementation.

Xu Shan-chang, Director-General of the Institutional Reform Department of the National Development and Reform Commission, stated that going forward, China will adopt a “list-based” approach to reviewing market access approvals. To establish a unified national market, and to underscore the nationwide consistency of the negative list system for market access, a single, standardized national list will be implemented. Specifically, the negative list for market access shall be uniformly formulated by the State Council; no region or department may independently issue such a list without authorization from the State Council, nor may they arbitrarily add, delete, or modify entries on the list.

The “Guidance Catalogue for Industrial Structure Adjustment” has been revised, changing the phase-out requirement from aluminum self-baking electrolytic cells and prebaked cells of 100 kA and below (as of 2011) to aluminum self-baking electrolytic cells and prebaked cells of 160 kA and below (as of 2015).

The construction of new or expanded projects for the mining and smelting of tungsten, molybdenum, tin, and antimony is restricted. For rare‑earth mining, ore‑beneficiation, smelting, and separation projects, as well as for the production of antimony oxide and lead‑tin solder, the approval process is limited to new or expanded tungsten mining projects with tungsten metal reserves of less than 10,000 tonnes and an annual ore‑processing capacity of less than 300,000 tonnes (excluding expansion projects that exploit deep‑seated or peripheral resources at existing tungsten mines); rare‑earth mining projects are also subject to these restrictions, except for group‑level projects that comply with overall extraction‑quota control requirements; likewise, new or expanded smelting projects for tungsten, molybdenum, tin, and antimony, as well as rare‑earth smelting and separation projects and the production of antimony oxide and lead‑tin solder, are restricted, unless they meet applicable national laws and regulations on energy conservation and environmental protection.

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