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If I complete the analysis of “specially designed” for my “component” that is subject to the EAR and determine the “component” is “specially designed,” is there any process under the EAR whereby I can request a U.S. Government review to determine whether the “component” does not warrant being “specially designed?”



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Yes, see paragraph (b)(1) of “specially designed” and § 748.3(e) (Classification requests to confirm that a “part,” “component,” “accessory” “attachment” or “software” is not “specially designed”). Under the § 748.3(e) process, if the Departments of Commerce, Defense and State all concur that a “part,” “component,” “accessory,” “attachment,” or “software” does not warrant being “specially designed,” BIS can issue a classification specifying that the “part,” “component,” “accessory,” “attachment,” or “software” is not “specially designed” and provide a classification in an ECCN paragraph that does not use “specially designed” or an EAR99 designation. However, before submitting such a classification request, you should review the entire “specially designed” definition. Your submission should include information on why the item does not meet any of the paragraph (b) tests.

Previous If I believe the “part,” “component,” “accessory,” “attachment,” or “software” I am classifying is likely ‘released’ under paragraph (b) because it likely meets the criteria of one of the paragraph (b) ‘releases,’ is it acceptable to skip paragraph (a) and proceed immediately to reviewing paragraph (b) first?
Next If I determine my commodity is not classified under an ECCN, such as an ECCN in a “xY0zz” ECCN that does not control “parts,” does that mean that all the “technology” related to my “part” is not controlled either?
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