Publicado · Galician

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

China's Ministry of Commerce and General Administration of Customs 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, end-user commitments, and customs declaration obligations.

New Export Controls on Construction Equipment

On October 19, 2026, China's Ministry of Commerce (MOFCOM) and the General Administration of Customs issued Announcement No. 50 of 2026, introducing export controls on specific types of tunnel boring machines, walking excavators, and high-altitude wet shotcrete machines. The measures, taken under the Export Control Law, Foreign Trade Law, Customs Law, and the Regulations on Export Control of Dual-Use Items, are stated to safeguard national security and interests. The announcement takes effect on November 18, 2026, and the Dual-Use Items Export Control List will be updated accordingly. For foreign founders whose companies in China manufacture, trade, or use such equipment, this development requires immediate attention to compliance obligations.

Controlled Items and Technical Parameters

The controls cover three categories of equipment and related parts, technologies, and software. The following summary highlights the key specifications; companies should consult the full official list for precise control codes.

1. Tunnel Boring Machines (2B906)

All types of full-face tunnel boring machines are controlled, including earth pressure balance shield machines, slurry shield machines, and other shield machines (HS code 8430313010), as well as open-type, single-shield, and double-shield rock tunnel boring machines and other rock TBMs (HS code 8430313010).

Specialized components for these machines are also controlled under 2A906: cutter heads (HS 8431499910), screw conveyors (HS 8428310010), segment erectors (HS 8479899959), and main drive systems and other key units (HS 8431499910). Additionally, remanufacturing technologies specially designed for these items fall under 2E906.

2. Walking Excavators (2B904)

Walking excavators with any of the following characteristics are controlled (HS 8429521920): ability to cross vertical obstacles higher than 1.2 meters; wading depth exceeding 1.5 meters; ability to cross trenches wider than 3 meters; or climbing capability on slopes steeper than 40 degrees. The announcement defines a walking excavator as mechanical equipment that achieves self-propulsion through combined actions of working devices, outriggers, or wheels to perform multi-functional excavation on all-terrain surfaces.

Hydraulic system electro-hydraulic proportional control technology specially designed for such excavators is controlled under 2E904.

3. High-Altitude Wet Shotcrete Machines (2B903)

Wet shotcrete machines designed for use above 3,000 meters altitude that meet all of the following criteria are controlled (HS 8479109010): engine maximum power over 75 kW and torque over 680 N·m; motor maximum power over 55 kW; pumping system suction efficiency above 95%; air compressor displacement over 15 m³/min; and low-temperature hydraulic oil usable at -20°C. The announcement describes these machines as equipment that transports mixed materials (such as concrete) to a nozzle and sprays them onto working surfaces by adding air and accelerant.

Specialized components under 2A903 include: high-altitude engines with maximum power over 75 kW and torque over 680 N·m (HS 8408909240, 8408909330); engine auxiliary oxygen supply devices (HS 8421399030); high-altitude motors with maximum power over 55 kW (HS 8501520020, 8501530020); two-stage air compressors with displacement over 15 m³/min (HS 8414804110); high-altitude chassis (HS 8479909030); and folding arms (HS 8479909030). Hydraulic and pumping technologies specially designed for these machines are controlled under 2E903.

Licensing Requirements for Sensitive Destinations

Exporters intending to ship any of the controlled items to sensitive countries and regions that have disputes with China must apply for a license from the State Council's commerce department in accordance with the Export Control Law and the Dual-Use Items Export Control Regulations. Without a license, exports to such destinations are prohibited.

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

Customs Declaration Obligations

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

Where customs has doubts about the completeness, accuracy, or authenticity of the declared information, it will raise inquiries in accordance with the law. During the inquiry period, the export goods will not be released.

Practical Implications for Foreign Founders

Foreign founders with manufacturing or trading operations in China that involve construction equipment should take the following steps:

• Review product portfolios against the control lists and technical thresholds to determine whether any products, parts, or technologies fall under the controls.
• Establish internal compliance procedures to ensure accurate customs declarations and proper classification of controlled and near-threshold items.
• Incorporate end-user commitments into contracts, particularly for exports to destinations other than sensitive countries, to prevent unauthorized re-transfer.
• Monitor the effective date of November 18, 2026, and adjust supply chains and customer communications accordingly.
• Seek professional advice on licensing requirements for specific transactions, especially if any end user or destination may be considered sensitive.

Non-compliance can result in delays at customs, license denials, and potential legal consequences. Given the technical nature of the controls, early preparation is essential.

Conclusion

Announcement No. 50 of 2026 expands China's export control regime to cover advanced construction equipment. Foreign founders operating in China should assess their exposure, update compliance programs, and ensure that all exports of affected items are properly licensed or registered. For assistance with company registration, compliance, or operational matters in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.

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