Recently, the ingredient triethanolamine has attracted the attention of many cross-border cosmetics merchants and importers in China. According to the regulations of the China General Administration of Customs, cosmetics containing “triethanolamine” must obtain an import or export license for dual-use items and technologies before they can be imported into China.
It is worth noting that “ triethanolamine” is currently not a banned ingredient, but a controlled ingredient.
Triethanolamine, or tris(2-hydroxyethyl)amine, is an organic compound with CAS number 102-71-6. Used as emulsifier, moisturizing agent, moisturizing agent, thickening agent, pH balancer in cosmetics such as skin cleansing, eye gel, moisturizing, shampoo, etc.
In addition to being used in daily necessities such as cosmetics, triethanolamine also has a special “identity” – the main raw material for the production of chemical weapons.
According to the “List of Various Controlled Chemicals” issued by the Ministry of Industry and Information Technology of China, the monitored chemicals can be divided into four categories, and only the fourth category of monitored chemicals is not subject to the management of the dual-use item list. Among them, triethanolamine belongs to the third category of chemicals, which can be used as the main raw materials for the production of chemical weapons. It can be used in the manufacture of nitrogen mustard gas and is included in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction.
In China, triethanolamine is a sensitive item for both military and civilian use which is so called “dual-use item”.
According to Article 6 of the 29th Decree of the Ministry of Commerce and the General Administration of Customs in 2005, “Administrative Measures for the Import and Export of Dual-use Items and Technologies”, import or export by any means, as well as transit, transshipment, and transportation “dual-use items” For dual-use items and technologies listed in the Catalogue for the Administration of Licenses for Import and Export of Technologies and Technologies, an import or export license for dual-use items and technologies shall be applied for. Therefore, if imported cosmetics containing triethanolamine want to enter the country, they must provide the General Administration of Customs with an import or export license for dual-use items and technologies.
Is it still necessary to obtain an import or export license for dual-use items and technologies if a cosmetic product contains triethanolamine in very small amounts?
Generally speaking, according to Article 57 of the “Implementation Rules of the Regulations of the People’s Republic of China on the Administration of Controlled Chemicals”, when the monitored chemicals are below a certain concentration threshold, data declaration and import and export licenses can be exempted. The relevant concentration thresholds are formulated and adjusted by the Ministry of Industry and Information Technology according to the actual situation. However, at present, the research work on the low-concentration threshold exemption of triethanolamine is still under monitoring, and relevant documents have not yet been issued. Therefore, as long as it contains triethanolamine, no matter how much the content is, it needs to apply for the import license for dual-use items and technologies before it can be imported into China.
Therefore, for cosmetics containing triethanolamine, import or export licenses for dual-use items and technologies should be handled in a timely manner, and relevant materials should be prepared to avoid the occurrence of goods being detained and unable to enter the country.
