Deemed Exports FAQs - Q.13: Why does the introductory text to paragraph (b) of “specially designed” use the word controlled, and how does that change my analysis of “specially designed?”
A.13: Because the CCL uses the term "specially designed" as a control parameter (to let you know what is controlled under a particular ECCN) and also in a small number of ECCNs as a decontrol parameter (to let you know what is not controlled under a particular ECCN), the introductory text to paragraph (b) includes the word controlled. What this means is that if you are reviewing a paragraph on the CCL that uses "specially designed" as part of a decontrol, such as a decontrol note, in those cases you review paragraph (a) of "specially designed," but you do NOT review paragraph (b). Provided the "part," "component," "accessory," "attachment" or "software" met the criteria of paragraph (a), as well as any other criteria specified in the respective decontrol on the CCL, the "part," "component," "accessory," "attachment," or "software" would be "specially designed" for purposes of the decontrol. In simple terms, the decontrols on the CCL that use "specially designed" and the paragraph (b) ‘releases’ are trying to ‘release’ the same types of "parts," "components," "accessories," "attachments," or "software" from control, so the use of the term controlled in the introductory text of paragraph (b) clarifies the applicability of (b) for such decontrols that use "specially designed."