De minimis & Direct Product Rules Decision Tool

An item produced outside the United States.

A term used in the EAR to describe those commodities, software, technology, and activities over which the Bureau of Industry and Security (BIS) exercises regulatory jurisdiction under the EAR (see §734.2(a) of the EAR).

"600 series": ECCNs in the "xY6zz" format on the Commerce Control List (CCL) that control items on the CCL that were previously controlled on the U.S. Munitions List or that are covered by the Wassenaar Arrangement Munitions List (WAML). The "6" indicates the entry is a munitions entry on the CCL. The "x" represents the CCL category and "Y" the CCL product group. The "600 series" constitutes the munitions ECCNs within the larger CCL.

9x515 Export Control Classification Numbers (ECCNs) (the “x” representing any of the product groups A, B, C, D or E) describe "spacecraft," related items, and some radiation-hardened microelectronic circuits that were once subject to the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) and United States Munitions List Category XV. Just as the ITAR effectively trumps the Export Administration Regulations, items described in a 9x515 ECCN or "600 series" ECCN trump other ECCNs on the Commerce Control List.

Commerce Control List (CCL) - A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

An item produced outside the United States.

A collection of one or more “programs” or “microprograms” fixed in any tangible medium of expression.

Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of 'technical data' or 'technical assistance'.
N.B.: Controlled “technology” is defined in the General Technology Note and in the Commerce Control List (Supplement No. 1 to part 774 of the EAR).

Note 1 to definition of “Technology”: “Technology” also is specific information necessary for any of the following: Operation, installation (including on-site installation), maintenance (checking), repair, overhaul, refurbishing, or other terms specified in ECCNs on the CCL that control “technology.”

Note 2 to definition of “Technology”: “Technology” not elsewhere specified on the CCL is designated as EAR99, unless the “technology” is subject to the exclusive jurisdiction of another U.S. Government agency (see §734.3(b)(1) of the EAR) or is otherwise not subject to the EAR (see §734.4(b)(2) and (3) and §§734.7 through 734.11 of the EAR).

Technical Notes to definition of “Technology”:
1. 'Technical data' May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read only memories.

2. `Technical assistance' may take forms such as instruction, skills, training, working knowledge, consulting services. 'Technical assistance' may involve transfer of 'technical data'. 'Technical assistance' may involve transfer of 'technical data'.

"600 series": ECCNs in the "xY6zz" format on the Commerce Control List (CCL) that control items on the CCL that were previously controlled on the U.S. Munitions List or that are covered by the Wassenaar Arrangement Munitions List (WAML). The "6" indicates the entry is a munitions entry on the CCL. The "x" represents the CCL category and "Y" the CCL product group. The "600 series" constitutes the munitions ECCNs within the larger CCL.

9x515 Export Control Classification Numbers (ECCNs) (the “x” representing any of the product groups A, B, C, D or E) describe "spacecraft," related items, and some radiation-hardened microelectronic circuits that were once subject to the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) and United States Munitions List Category XV. Just as the ITAR effectively trumps the Export Administration Regulations, items described in a 9x515 ECCN or "600 series" ECCN trump other ECCNs on the Commerce Control List.

Commerce Control List (CCL) - A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

In the context of the Direct Product Rule, a foreign product produced directly from certain U.S. origin technical information specified in § 736.2(b)(3) of the Export Administration Regulations (Title 15 parts 700-799 of the U.S. Code of Federal Regulations).
Foreign produced items may be subject to the Export Administration Regulations (EAR) because they are being exported to certain destinations and are produced from certain U.S. origin technical information or from a plant or major component of a plant made from certain U.S. origin technical information specified in § 736.2(b)(3) of the EAR.

An item produced outside the United States.

"600 series": ECCNs in the "xY6zz" format on the Commerce Control List (CCL) that control items on the CCL that were previously controlled on the U.S. Munitions List or that are covered by the Wassenaar Arrangement Munitions List (WAML). The "6" indicates the entry is a munitions entry on the CCL. The "x" represents the CCL category and "Y" the CCL product group. The "600 series" constitutes the munitions ECCNs within the larger CCL.

Commerce Control List (CCL) - A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

Subparagraph .y of a “600 series” or 9x515 Export Control Classification Number (ECCN). Items in a .y paragraph only require a license to Country Groups E:1, E:2 and China. See Supplement No. 1 to part 740 for the Country Groups.

To calculate the de minimis percentage you divide the dollar value of the U.S.-origin controlled content by the dollar value of the non-U.S.-made item and then multiply by 100. You may not use a discounted value that is given to special customers. You may use a regional cost for either the U.S.-origin or non-U.S.-origin item. If you include shipping or insurance fees in the cost of the U.S. item, you must also include those fees in the non-U.S.-made foreign product cost.

U.S. origin content that has a license requirement to the intended export destination of the non-U.S.-made item. Controlled Content does not include items that may be exported to the intended destination under the designation of “No License Required” or under License Exception GBS (see § 740.4 of the Export Administration Regulations).

An item produced outside the United States.

An item classified under an Export Control Classification Number (ECCN) that does not have a “6” as the third digit.

An item that is not a “spacecraft” or related commodities and classified on the Commerce Control List (Supplement No. 1 to part 774) of the Export Administration Regulations (Title 15 parts 700-799 of the U.S. Code of Federal Regulations) under one of the following Export Control Classification Numbers (ECCN) 9A515, 9B515, 9D515 and 9E515.

Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of 'technical data' or 'technical assistance'.
N.B.: Controlled “technology” is defined in the General Technology Note and in the Commerce Control List (Supplement No. 1 to part 774 of the EAR).

Note 1 to definition of “Technology”: “Technology” also is specific information necessary for any of the following: Operation, installation (including on-site installation), maintenance (checking), repair, overhaul, refurbishing, or other terms specified in ECCNs on the CCL that control “technology.”

Note 2 to definition of “Technology”: “Technology” not elsewhere specified on the CCL is designated as EAR99, unless the “technology” is subject to the exclusive jurisdiction of another U.S. Government agency (see §734.3(b)(1) of the EAR) or is otherwise not subject to the EAR (see §734.4(b)(2) and (3) and §§734.7 through 734.11 of the EAR).

Technical Notes to definition of “Technology”:
1. 'Technical data' May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read only memories.

2. `Technical assistance' may take forms such as instruction, skills, training, working knowledge, consulting services. 'Technical assistance' may involve transfer of 'technical data'. 'Technical assistance' may involve transfer of 'technical data'.

A collection of one or more “programs” or “microprograms” fixed in any tangible medium of expression.

An item produced outside the United States.

Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of 'technical data' or 'technical assistance'.
N.B.: Controlled “technology” is defined in the General Technology Note and in the Commerce Control List (Supplement No. 1 to part 774 of the EAR).

Note 1 to definition of “Technology”: “Technology” also is specific information necessary for any of the following: Operation, installation (including on-site installation), maintenance (checking), repair, overhaul, refurbishing, or other terms specified in ECCNs on the CCL that control “technology.”

Note 2 to definition of “Technology”: “Technology” not elsewhere specified on the CCL is designated as EAR99, unless the “technology” is subject to the exclusive jurisdiction of another U.S. Government agency (see §734.3(b)(1) of the EAR) or is otherwise not subject to the EAR (see §734.4(b)(2) and (3) and §§734.7 through 734.11 of the EAR).

Technical Notes to definition of “Technology”:
1. 'Technical data' May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read only memories.

2. `Technical assistance' may take forms such as instruction, skills, training, working knowledge, consulting services. 'Technical assistance' may involve transfer of 'technical data'. 'Technical assistance' may involve transfer of 'technical data'.

A collection of one or more “programs” or “microprograms” fixed in any tangible medium of expression.

A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

Specific information necessary for the “development”, “production”, or “use” of a product. The information takes the form of 'technical data' or 'technical assistance'.
N.B.: Controlled “technology” is defined in the General Technology Note and in the Commerce Control List (Supplement No. 1 to part 774 of the EAR).

Note 1 to definition of “Technology”: “Technology” also is specific information necessary for any of the following: Operation, installation (including on-site installation), maintenance (checking), repair, overhaul, refurbishing, or other terms specified in ECCNs on the CCL that control “technology.”

Note 2 to definition of “Technology”: “Technology” not elsewhere specified on the CCL is designated as EAR99, unless the “technology” is subject to the exclusive jurisdiction of another U.S. Government agency (see §734.3(b)(1) of the EAR) or is otherwise not subject to the EAR (see §734.4(b)(2) and (3) and §§734.7 through 734.11 of the EAR).

Technical Notes to definition of “Technology”:
1. 'Technical data' May take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read only memories.

2. `Technical assistance' may take forms such as instruction, skills, training, working knowledge, consulting services. 'Technical assistance' may involve transfer of 'technical data'. 'Technical assistance' may involve transfer of 'technical data'.

A collection of one or more “programs” or “microprograms” fixed in any tangible medium of expression.

An authorization described in part 740 of the EAR that allows you to export or reexport, under stated conditions, items subject to the EAR that otherwise would require a license. Unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Department of Commerce.

An item produced outside the United States.

A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S. Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

An item produced outside the United States.

An item produced outside the United States.

An item classified under an Export Control Classification Number (ECCN) that does not have a “6” as the third digit.

An item that is not a “spacecraft” or related commodities and classified on the Commerce Control List (Supplement No. 1 to part 774) of the Export Administration Regulations (Title 15 parts 700-799 of the U.S. Code of Federal Regulations) under one of the following Export Control Classification Numbers (ECCN) 9A515, 9B515, 9D515 and 9E515.

An item that is not an article described on the U.S. Munitions List (22 CFR part 121) that pursuant to a specific carve-out note are subject to the EAR when, prior to export, reexport, retransfer, or temporary import, they are integrated into and included as an integral part of an item subject to the EAR. See-through carve-out items are always considered controlled content for purposes of the de minimis rule.

• USML Category VIII(h)(2)-(5), (7), (13), (14), (17)-(19), and (21)-(26) when incorporated into a 9A610 military aircraft
• USML Category XV(c)(3) and (e) when incorporated into an item subject to the EAR

An item produced outside the United States.

To calculate the de minimis percentage you divide the dollar value of the U.S.-origin controlled content by the dollar value of the non-U.S.-made item and then multiply by 100. You may not use a discounted value that is given to special customers. You may use a regional cost for either the U.S.-origin or non-U.S.-origin item. If you include shipping or insurance fees in the cost of the U.S. item, you must also include those fees in the non-U.S.-made foreign product cost.

U.S. origin content that has a license requirement to the intended export destination of the non-U.S.-made item. Controlled Content does not include items that may be exported to the intended destination under the designation of “No License Required” or under License Exception GBS (see § 740.4 of the Export Administration Regulations).

An item produced, refurbished, assembled, or upgraded in the United States.

An item produced outside the United States.

An item produced, refurbished, assembled, or upgraded in the United States.

To calculate the de minimis percentage you divide the dollar value of the U.S.-origin controlled content by the dollar value of the non-U.S.-made item and then multiply by 100. You may not use a discounted value that is given to special customers. You may use a regional cost for either the U.S.-origin or non-U.S.-origin item. If you include shipping or insurance fees in the cost of the U.S. item, you must also include those fees in the non-U.S.-made foreign product cost.

U.S. origin content that has a license requirement to the intended export destination of the non-U.S.-made item. Controlled Content does not include items that may be exported to the intended destination under the designation of “No License Required” or under License Exception GBS (see § 740.4 of the Export Administration Regulations).

An item produced outside the United States.

A term used in the EAR to describe those commodities, software, technology, and activities over which the Bureau of Industry and Security (BIS) exercises regulatory jurisdiction under the EAR (see §734.2(a) of the EAR).

An item produced outside the United States.

An item produced, refurbished, assembled, or upgraded in the United States.

An authorization described in part 740 of the EAR that allows you to export or reexport, under stated conditions, items subject to the EAR that otherwise would require a license. Unless otherwise indicated, these License Exceptions are not applicable to exports under the licensing jurisdiction of agencies other than the Department of Commerce.