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To rely on the paragraph (b)(3) ‘release,’ does the same “part,” “component,” “accessory,” “attachment,” or “software” need to be used in an item that meets the criteria under paragraph (b)(3)(ii)?



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The “part,” “component,” “accessory,” “attachment,” or “software” would need to meet the criteria in the introductory text of paragraph (b)(3) – meaning it has to have the same function, performance capabilities, and the same or ‘equivalent’ form and fit as a “part,” “component,” “accessory,” “attachment,” or “software” used in an item that meets the criteria of (b)(3)(ii), such as an EAR99 pick-up truck or an (Anti-Terrorism) AT-only controlled aircraft that is in “production.” If it is the same “part,” “component,” “accessory,” “attachment,” or “software” used in the AT-only ECCN item or in an EAR99 item that is in “production,” applying paragraph (b)(3) is simpler. The criteria under paragraph (b)(3) also allow for “parts,” “components,” “accessories,” “attachments,” or “software” that have the same function, performance capabilities, and the same or ‘equivalent’ form and fit.

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