No, the original “development” history is not relevant when applying the paragraph (b)(3) “production” ‘release.’ For paragraph (b)(3), once the “part,” “component,” “accessory,” “attachment,” or “software” meets the criteria of paragraph (b)(3)(i) and is used in or with an item that meets the criteria under (b)(3)(ii), it is no longer “specially designed,” regardless of the original design intent.
I am classifying a “component” and I know the “component” was originally “developed” for use in an item controlled for more than AT-reasons. Does that matter in applying the paragraph (b)(3) ‘release?’
January 23, 2019 by