China Further Optimizes the Requirements for Exporting Cosmetics Containing Triethanolamine (TEA) to China

On January 25, 2024, China's Ministry of Industry and Information Technology (MIIT), Ministry of Commerce (MOFCOM), and the General Administration of Customs (GACC) jointly announced the removal of the import license requirement for products containing low-concentration Triethanolamine (CAS No. 102-71-6), including cosmetics. This adjustment will become effective on February 1, 2024.¹

Triethanolamine (TEA) is a dual-use item regulated under the Catalogue of Dual-use Items and Technologies Subject to Import & Export License Administration. It serves as both a common organic compound used in cosmetics, and a primary material in the production of chemical weapons. Previously, when exporting cosmetics containing TEA to China, irrespective of the concentration, it was mandatory to apply for the "import license for dual-use items and technologies". However, according to GACC's notification in October 2022, an exception applies if TEA is added as a pH adjuster in cosmetics, and not detected as per the product testing report after a complete reaction with the acidic substances in the cosmetics.

The Implementation Rules of Regulation of the People's Republic of China on Administration of Controlled Chemicals prescribes that, when the controlled chemical's concentration in the product is below a certain threshold, the import and export license can be exempted. In line with this provision, and to enhance the efficiency of the import and export management of controlled chemicals, the authorities have therefore decided to exempt certain consumer products with low-concentration TEA from import and export license applications.

While the announcement does not provide defined criteria or explicit data to determine the specific range of "low-concentration", it outlines the products that can be exempted from the import license. In terms of cosmetics, the product categories listed below are eligible.

List of Cosmetics with Low-concentration TEA (Excerpt)
No.	Commodity Name	Description	HS Code
1	Organic surface-active products and preparations for washing the skin (in the form of liquid or cream and prepared in package for retail sale, whether or not containing soap)	Organic surface-active products and preparations for washing the skin	3401300090
2		Organic surface-active products and preparations for washing the skin, in the form of liquid or cream and prepared in package for retail sale, containing mercury-contained skin-lightening soap (with mercury content above 1ppm)	3401300010
3	Perfumes and toilet waters	Perfumes and toilet waters, whose content is expressed in weight on the packaging	3303000010
4	Perfumes and toilet waters	Perfumes and toilet waters, whose content is expressed in volume on the packaging	3303000020
5	Lip make-up preparations	Lip make-up preparations, containing endangered species, whose content is expressed in weight on the packaging	3304100011
6	Lip make-up preparations	Lip make-up preparations, containing endangered species, whose content is expressed in volume on the packaging	3304100012
7	Eye make-up preparations	Eye make-up preparations, containing endangered species, whose content is expressed in weight on the packaging	3304200011
8	Eye make-up preparations	Eye make-up preparations, containing endangered species, whose content is expressed in volume on the packaging	3304200012
9	Manicure or pedicure preparations	Manicure or pedicure preparations, whose content is expressed in weight on the packaging	3304300001
10	Manicure or pedicure preparations	Manicure or pedicure preparations, whose content is expressed in volume on the packaging	3304300002
11	Shampoos	Shampoos containing endangered species	3305100010
12	Shampoos	Other shampoos	3305100090
13	Other preparations for use on the hair	Other preparations for use on the hair	3305900000
14	Pre-shave, shaving, or after-shave preparations	Pre-shave, shaving, or after-shave preparations	3307100000
15	Perfumed bath salts and other bath preparations	Perfumed bath salts and other bath preparations	3307300000
*Notes*: The complete list is available here.