"Specially Designed" Decision Tool
(The tool is effective for exports on or after October 15, 2013)
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (a)(1) - 'catch' Paragraph (a)(1) is used to determine whether an item is "specially designed." However, paragraph (a)(1) is primarily used in determining whether an end item or material is "specially designed" because in most cases paragraph (a)(2) will be used to determine what parts, components, accessories, attachments or software are 'caught' under the "specially designed" definition. The "specially designed" definition includes Note to paragraph (a)(1) that will assist you in understanding and applying the paragraph (a)(1) peculiarly responsible criteria.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. This is a system, equipment or assembled commodity ready for its intended use. Only ammunition, fuel or other energy source is required to place it in an operating state. Examples of end items include ships, aircraft, computer, firearms, and milling machines. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any list-specified crude or processed matter that is not clearly identifiable as any of the types of items defined in § 772.1 under the defined terms, “end item,†“component,†“accessories,†“attachments,†“part,†“software,†“system, “equipment,†or “facilities.†The exclusion from the definition of material for clearly identifiable items defined in § 772.1, such as for “parts†and “components,†does not apply to the following ECCNs: 1C233, 1C234, 1C235, 1C236, 1C237, 1C239, 1C350, 1C395, 1C991, 1C992, and 1C995. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. +United States Munitions List (USML) The list of articles, services and related technical data in 22 CFR 121.1 that are designated as defense articles and defense services pursuant to 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). These items are subject to the International Traffic in Arms Regulations (ITAR)(22 CFR 120 through 130). 'Specially Designed' - Paragraph References An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. An “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. Items that as a result of “development†have properties peculiarly responsible for achieving or exceeding the performance levels, ‘functions’ or characteristics in a relevant ECCN paragraph may have properties shared by different products. For example, ECCN 1A007 controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means. An example of equipment not meeting the peculiarly responsible standard under paragraph (a)(1) is a garage door opener, that as a result of “development†has properties that enable the garage door opener to send an encoded signal to another piece of equipment to perform an action (i.e., the opening of a garage door). The garage door opener is not “specially designed†for purposes of 1A007 because although the garage door opener could be used to send a signal by electrical means to charges or devices containing energetic materials, the garage door opener does not have properties peculiarly responsible for a achieving or exceeding the performance levels, ‘functions’ or characteristics in 1A007. For example, the garage door opener is designed to only perform at a limited range and the level of encoding is not as advanced as the encoding usually required in equipment and devices used to initiate charges and devices containing energetic materials, by electrical means. Conversely, another piece of equipment that, as a result of “development,†has the properties (e.g., sending a signal at a longer range, having signals with advanced encoding to prevent interference, and having signals that are specific to detonating blasting caps) needed for equipment used to initiate charges and devices containing energetic materials, would be peculiarly responsible because the equipment has a direct and proximate causal relationship that is central or special for achieving or exceeding the performance levels, ‘functions’ or characteristics identified in 1A007. |
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Key terms
These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. |
The item is "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. 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). |
The item is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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IMPORTANT: If your item is a part, component , accessory, or attachment, you should not have reached this response in the decision tool. If you have reached this response, that means you incorrectly answered the previous decision tool question, [Are you classifying a part, component , accessory, or attachment, or software?] You have two options if you incorrectly answered the previous decision tool question:
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†“Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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).
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (a)(2) - 'catch' The "specially designed" definition includes Note 1 that defines the ancillary term 'enumerated' and provides examples of described items for purposes of the definition. The "specially designed" definition includes Note 2 that defines ‘catch-all’ for purposes of the definition.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. A ‘catch-all’ paragraph is one that does not refer to specific types of “parts,†“components,†“accessories,†or “attachments†but rather controls non-specific “parts,†“components,†“accessories,†or “attachments†because they were “specially designed†for an enumerated item. For example, ECCN paragraph 9A610.x is a catch-all, because it controls “parts,†“components,†“accessories,†and “attachments†“specially designed†for military aircraft, but does not identify specific types of “parts,†“components,†“accessories,†or “attachments†within its control. Another example of a ‘catch-all’ is the heading of 7A102, which controls “specially designed†components for the gyros enumerated in 7A102, but does not identify the specific types of “components†within its control. 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. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†‘Enumerated’ refers to any item (i) on either the USML or CCL not controlled in a ‘catch-all’ paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an ‘enumerated’ ECCN is 2A226, which controls valves with the following three characteristics: a “nominal size†of 5 mm or greater; having a bellows seal; and wholly made of or lined with aluminum, aluminum alloy, nickel, or nickel alloy containing more than 60% nickel by weight. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. +United States Munitions List (USML) The list of articles, services and related technical data in 22 CFR 121.1 that are designated as defense articles and defense services pursuant to 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). These items are subject to the International Traffic in Arms Regulations (ITAR)(22 CFR 120 through 130). 'Specially Designed' - Paragraph References An “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. ‘Enumerated’ refers to any item (i) on either the USML or CCL not controlled in a ‘catch-all’ paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an ‘enumerated’ ECCN is 2A226, which controls valves with the following three characteristics: a “nominal size†of 5 mm or greater; having a bellows seal; and wholly made of or lined with aluminum, aluminum alloy, nickel, or nickel alloy containing more than 60% nickel by weight. The CCL also contains notes excluding from control “parts†and “components†“specially designed†for uncontrolled items. Such uncontrolled items are merely ‘described’ and are not ‘enumerated.’ Note 2 to ECCN 1A002 is an example of items excluded from control based on being “specially designed†for a ‘described’ item. Commodities or software in an ECCN controlled only for AT reasons are other examples of items ‘described’ on the CCL. ECCN 2B996, which controls dimensional inspection or measuring systems or equipment not controlled by 2B006, is an example of a commodity ‘described’ in an ECCN controlled only for AT reasons. A ‘catch-all’ paragraph is one that does not refer to specific types of “parts,†“components,†“accessories,†or “attachments†but rather controls non-specific “parts,†“components,†“accessories,†or “attachments†because they were “specially designed†for an enumerated item. For example, ECCN paragraph 9A610.x is a catch-all, because it controls “parts,†“components,†“accessories,†and “attachments†“specially designed†for military aircraft, but does not identify specific types of “parts,†“components,†“accessories,†or “attachments†within its control. Another example of a ‘catch-all’ is the heading of 7A102, which controls “specially designed†components for the gyros enumerated in 7A102, but does not identify the specific types of “components†within its control.
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The part, component, accessory, attachment or software is 'caught' under paragraph (a)(2) of the "specially designed" definition.
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Additional information If your part, component, accessory, attachment or software is 'caught' under paragraph (a)(1) or (a)(2), you will be directed to an answer a series of yes/no questions that will guide you through reviewing paragraph (b) of the "specially designed" definition. Paragraph (b) is referred to as the 'release' portion of the definition because it identifies the criteria under which a part, component, accessory, attachment or software that would be controlled by paragraph (a) is 'released' from "specially designed."
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. An “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML.
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The part, component, accessory, attachment, or software is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†“Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). |
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Additional information Decontrol notes that use "specially designed" include two criteria. First, to be within the scope of the decontrol note and released from that ECCN's control, the part, component, accessory, attachment, or software must be "specially designed." Second, part, component, accessory, attachment, or software must meet any other criteria of the respective decontrol note. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†The CCL also contains notes excluding from control “parts†and “components†“specially designed†for uncontrolled items. Such uncontrolled items are merely ‘described’ and are not ‘enumerated.’ Note 2 to ECCN 1A002 is an example of items excluded from control based on being “specially designed†for a ‘described’ item. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression.
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The part, component, accessory, attachment, or software is "specially designed" on the CCL.
In other words, for purposes of the decontrol, the part, component, accessory, attachment, or software, is "specially designed."
"Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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IMPORTANT: Do not review paragraph (b) of the "specially designed" definition. Paragraphs (b)(1)-(b)(6) are only reviewed if your part, component, accessory, attachment, or software, would be controlled under an ECCN that uses "specially designed" as part of the control criteria. A decontrol note of an ECCN is not controlling a part, component, accessory, attachment, or software because of "specially designed." Decontrol notes instead are releasing a part, component, accessory, attachment, or software from a specific ECCN on the bases of being "specially designed" and meeting the other criteria of the respective decontrol note. Therefore, you do not review paragraph (b) to determine whether the part, component, accessory, attachment, or software is released from a "specially designed" control, because "specially designed" is not being used as part of the control criteria, but rather as part of the decontrol criteria of a specific ECCN.
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†The CCL also contains notes excluding from control “parts†and “components†“specially designed†for uncontrolled items. Such uncontrolled items are merely ‘described’ and are not ‘enumerated.’ Note 2 to ECCN 1A002 is an example of items excluded from control based on being “specially designed†for a ‘described’ item. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). |
The decision tool will now ask you a series of yes/no questions to determine whether the part, component, accessory, attachment, or software, is not "specially designed" because it meets the criteria of paragraph (b).
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Additional information If the part, component, accessory, attachment, or software, is released on the basis of paragraph (b)(1), there is no need to continue your analysis of (b). However, if not 'released' on the basis of paragraph (b)(1), you will be directed to answer a yes/no question dealing with the applicability of paragraph (b)(2). If not 'released' on the basis of meeting the paragraph (b)(2) criteria, the decision tool then proceeds to ask yes/no questions to determine the applicability of (b)(3), then (b)(4), then (b)(5) and lastly (b)(6), if needed. If not 'released' under any of the paragraphs under (b), then the part, component, accessory, attachment, or software that was 'caught' under paragraph (a) is "specially designed."
You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References A “partâ€, “componentâ€, “accessoryâ€, “attachmentâ€, or “software†that would be controlled by paragraph (a) is not “specially designed†if it:
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(1) - 'release' (Grandfathering for past CJs) Paragraph (b)(1) includes two different releases from "specially designed." Paragraph (b)(1) is for parts, components, accessories, attachments and software already reviewed by the U.S. Government and determined to not warrant being "specially designed." The first release under paragraph (b)(1) addresses past CJs where the part, component, accessory, attachment, or software was determined to be subject to the EAR and identified in an ECCN paragraph that does not contain “specially designed†as a control parameter or as an EAR99 item. The next yes/no question in this "specially Designed" Decision Tool addresses the second release under paragraph (b)(1). This second release is for when a person requests a U.S. Government review of the part, component, accessory, attachment, or software to determine whether it warrants being "specially designed." This is done by submitting for an interagency commodity classification CCATS pursuant to § 748.3(e). Those parts, components, accessories, attachments, or software determined to not warrant being "specially designed" are then released on the basis of paragraph (b)(1). See 22 CFR 120.4 for information on commodity jurisdiction (CJ) determinations. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This acronym stands for Commodity Classification Automated Tracking System (CCATS) number. BIS assigns each of its commodity classifications a CCATS number. You may ask BIS to provide you with the correct Export Control Classification Number (ECCN) down to the paragraph (or subparagraph) level, if appropriate. BIS will issue you a determination that each item identified in your classification request is either described by an ECCN in the Commerce Control List (CCL) in Supplement No. 1 to Part 774 of the EAR or not described by an ECCN and, therefore, an "EAR99" item. These classification determinations issued by BIS are not U.S. Government determinations that the items described therein are “subject to the EAR,†as this term is defined in §734.3 of the EAR. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it has been identified to be in an ECCN paragraph that does not contain “specially designed†as a control parameter or as an EAR99 item in a commodity jurisdiction (CJ) determination or interagency-cleared commodity classification (CCATS) pursuant to § 748.3(e). |
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(2) - 'release' (identified parts and minor components exclusion) The paragraph (b)(2) release applies to the parts, and minor components described in the paragraph. Paragraph (b)(2) is focused on releasing the most basic parts, and certain minor components, such as nut plates. Regardless of what changes you may have made to one of the parts or minor components identified in paragraph (b)(2), such as cutting a screw to length for a special application, these are not "specially designed." The use of the phrase regardless of form or fit, is intended to emphasize this point.
Key terms This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. The ‘form’ of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. For software, ‘form’ means the design, logic flow, and algorithms. The ‘fit’ of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. For software, ‘fit’ means the ability to interface or connect with an item subject to the EAR. 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it is, regardless of ‘form’ or ‘fit,’ a fastener (e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, solder |
The part or minor component is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†“Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. 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). |
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(1) - 'release' (Interagency (CCATS) pursuant to 748.3(e) § 748.3(e) Classification requests to confirm that a "part," "component," "accessory," "attachment," or "software" is not "specially designed." If you have a part, component, accessory, attachment, or software that is "specially designed" on the basis of paragraph (a)(1) or (a)(2), you may submit a request in accordance with the procedures in § 748.1 to confirm that the item is not "specially designed" provided you meet the criteria in paragraph (e). Click Here for a link to part 748
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This acronym stands for Commodity Classification Automated Tracking System (CCATS) number. BIS assigns each of its commodity classifications a CCATS number. You may ask BIS to provide you with the correct Export Control Classification Number (ECCN) down to the paragraph (or subparagraph) level, if appropriate. BIS will issue you a determination that each item identified in your classification request is either described by an ECCN in the Commerce Control List (CCL) in Supplement No. 1 to Part 774 of the EAR or not described by an ECCN and, therefore, an "EAR99" item. These classification determinations issued by BIS are not U.S. Government determinations that the items described therein are “subject to the EAR,†as this term is defined in §734.3 of the EAR. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References Classification requests to confirm that a “part,†“component,†“accessory,†“attachment,†or “software†is not “specially designed.â€
An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. An “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it has been identified to be in an ECCN paragraph that does not contain “specially designed†as a control parameter or as an EAR99 item in a commodity jurisdiction (CJ) determination or interagency-cleared commodity classification (CCATS) pursuant to § 748.3(e).
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(i) is or was in production (i.e., not in development); and
(ii) is either not enumerated on the CCL or USML, or is described in an ECCN controlled only for Anti-Terrorism (AT) reasons? [(b)(3) of "specially designed"]
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(3) - 'release' (The production exclusion) The "specially designed" definition includes three notes that will assist you in understanding and determining the applicability of paragraph (b)(3). Note 1 to paragraph (b)(3). This note provides guidance for commodities in production that are subsequently subject to development activities for purposes of paragraph (b)(3) of "specially designed." Note 2 to paragraph (b)(3). Note 2 defines equivalent for purposes of paragraph (b)(3) of "specially designed." Note 3 to paragraph (b)(3). Note 3 defines form, fit, function and performance capability for commodity and software for purposes of paragraph (b)(3) of "specially designed." Note to paragraphs (b)(3) and (b)(4). Note to paragraphs (b)(3) and (b)(4) clarifies when paragraph (b)(3) and (b)(4) can be used to release parts, components, accessories, attachments, or software for ECCNs that are controlled for AT-only reasons. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. 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. Any article, material, or supply except technology and software. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. ‘Enumerated’ refers to any item (i) on either the USML or CCL not controlled in a ‘catch-all’ paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an ‘enumerated’ ECCN is 2A226, which controls valves with the following three characteristics: a “nominal size†of 5 mm or greater; having a bellows seal; and wholly made of or lined with aluminum, aluminum alloy, nickel, or nickel alloy containing more than 60% nickel by weight. With respect to a commodity, ‘equivalent’ means that its form has been modified solely for ‘fit’ purposes. The ‘fit’ of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. For software, ‘fit’ means the ability to interface or connect with an item subject to the EAR. The ‘form’ of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. For software, ‘form’ means the design, logic flow, and algorithms. The ‘function’ of the item is the action or actions it is designed to perform. For software, the ‘function’ means the action or actions it performs directly to an item subject to the EAR or as a stand-alone application. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. ‘Performance capability’ is the measure of a commodity’s effectiveness to perform a designated function in a given environment (e.g., measured in terms of speed, durability, reliability, pressure, accuracy, efficiency). For software, ‘performance capability’ means the measure of software’s effectiveness to perform a designated function. (General Technology Note) (All Categories) -- All production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, and quality assurance. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it has the same function, performance capabilities, and the same or ‘equivalent’ form and fit, as a commodity or software used in or with an item that:
Commodities in “production†that are subsequently subject to “development†activities, such as those that would result in enhancements or improvements only in the reliability or maintainability of the commodity (e.g., an increased mean time between failure (MTBF)), including those pertaining to quality improvements, cost reductions, or feature enhancements, remain in “production.†However, any new models or versions of such commodities developed from such efforts that change the basic performance or capability of the commodity are in “development†until and unless they enter into “production.†With respect to a commodity, ‘equivalent’ means that its form has been modified solely for ‘fit’ purposes. The ‘form’ of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. The ‘fit’ of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. The ‘function’ of the item is the action or actions it is designed to perform. ‘Performance capability’ is the measure of a commodity’s effectiveness to perform a designated function in a given environment (e.g., measured in terms of speed, durability, reliability, pressure, accuracy, efficiency). For software, ‘form’ means the design, logic flow, and algorithms. ‘Fit’ means the ability to interface or connect with an item subject to the EAR. The ‘function’ means the action or actions it performs directly to an item subject to the EAR or as a stand-alone application. ‘Performance capability’ means the measure of software’s effectiveness to perform a designated function. +Note to Paragraphs (b)(3) and (b)(4) ECCNs controlled for AT-only reasons that use "specially designed" are eligible for paragraphs (b)(3) and (b)(4). However, the criteria for release under (b)(3) or (b)(4) must be met by another ECCN controlled for AT-only reasons or an EAR99 item in addition to the AT-only ECCN being reviewed for release from "specially designed". For example, if a single gasket is used in ECCN 9A990 tractors (9A990 includes a control on "specially designed" parts) and also pick-up trucks designated as EAR99 that are in "production", the single gasket would be released from "specially designed" on the basis of paragraph (b)(3). Or if the single gasket is or was used in 9A990 tractors and also 9A991.b aircraft (another AT-only controlled ECCN), that are in "production", the gasket would be released from "specially designed" on the basis of paragraph (b)(3). Alternatively, if the single gasket is or was only used in ECCN 9A990 tractors that are in "production", then paragraph (b)(3) would not be available. This same concept applies for paragraph (b)(4). |
The part, component, accessory, attachment, or software is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Additional Information You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†“Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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).
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Additional information In applying the "specially designed" definition, the original development history is not needed to determine the applicability of the paragraph (a)(1) or (a)(2) 'catch' or the paragraph (b)(1), (b)(2) or (b)(3) releases. In contrast, under the 'release' paragraphs (b)(4), (b)(5) and (b)(6), you must have knowledge, including contemporaneous documentation, of the development history that demonstrates the criteria of paragraphs (b)(4), (b)(5), or (b)(6). Absent such knowledge, you may not rely on paragraph (b)(4), (b)(5) or (b)(6) to 'release' a part, component, accessory, attachment or software from "specially designed." The "specially designed" definition includes a Note to paragraphs (b)(4), (b)(5) and (b)(6) to specify this requirement. Note to paragraphs (b)(4), (b)(5) and (b)(6) Note to paragraphs (b)(3) and (b)(4). Note to paragraphs (b)(3) and (b)(4) clarifies when paragraph (b)(3) and (b)(4) can be used to release parts, components, accessories, attachments, or software for ECCNs that are controlled for AT-only reasons.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References +Note to Paragraphs (b)(3) and (b)(4) ECCNs controlled for AT-only reasons that use "specially designed" are eligible for paragraphs (b)(3) and (b)(4). However, the criteria for release under (b)(3) or (b)(4) must be met by another ECCN controlled for AT-only reasons or an EAR99 item in addition to the AT-only ECCN being reviewed for release from "specially designed". For example, if a single gasket is used in ECCN 9A990 tractors (9A990 includes a control on "specially designed" parts) and also pick-up trucks designated as EAR99 that are in "production", the single gasket would be released from "specially designed" on the basis of paragraph (b)(3). Or if the single gasket is or was used in 9A990 tractors and also 9A991.b aircraft (another AT-only controlled ECCN), that are in "production", the gasket would be released from "specially designed" on the basis of paragraph (b)(3). Alternatively, if the single gasket is or was only used in ECCN 9A990 tractors that are in "production", then paragraph (b)(3) would not be available. This same concept applies for paragraph (b)(4). +Note to paragraphs (b)(4), (b)(5) and (b)(6) For a commodity or software to be not “specially designed†on the basis of paragraphs (b)(4), (b)(5) or (b)(6), documents contemporaneous with its “development,†in their totality, must establish the elements of paragraphs (b)(4), (b)(5) or (b)(6). Such documents may include concept design information, marketing plans, declarations in patent applications, or contracts. Absent such documents, the “commodity†may not be excluded from being “specially designed†by paragraphs (b)(4), (b)(5) or (b)(6). |
The part, component, accessory, attachment, or software is "specially designed" on the CCL
Paragraphs (b)(4), (b)(5) and (b)(6) cannot be relied upon to 'release' the part, component, accessory, attachment, or software from "specially designed" because you do not have knowledge" of the development history.
In addition, using this "Specially Designed" Decision Tool you already determined the part, component, accessory, attachment, or software was caught under paragraph (a) and not released under paragraphs (b)(1), (b)(2) or (b)(3). Therefore, the part, component, accessory, attachment, or software is "specially designed."
Helpful tips
You may also contact the producer, developer, manufacturer or any other party you believe may have knowledge of the development history to determine whether the criteria of paragraphs (b)(4), (b)(5) or (b)(6) or met. Once you meet the knowledge standard, you may once again return to this decision tool to reevaluate the applicability of paragraphs (b)(4), (b)(5) and (b)(6).
Paragraphs (b)(1) and (b)(3) do not require knowledge of the development history. In addition, paragraph (b)(2) specifies certain parts and minor components that are released from "specially designed" regardless of changes in form or fit, so later you may want to reevaluate (b)(1)-(b)(3) to determine if later one of those other paragraphs of (b) might 'release' the part, component, accessory, attachment, or software.
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Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The ‘fit’ of a commodity is defined by its ability to physically interface or interconnect with or become an integral part of another item. For software, ‘fit’ means the ability to interface or connect with an item subject to the EAR. The ‘form’ of a commodity is defined by its configuration (including the geometrically measured configuration), material, and material properties that uniquely characterize it. For software, ‘form’ means the design, logic flow, and algorithms. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). |
(i) described in an ECCN and
(ii) also commodities or software either not-enumerated on the CCL or the USML (e.g.,EAR99, commodity or software) or commodity or software described in an ECCN controlled only for Anti-Terrorism (AT) reasons? [(b)(4) of "specially designed"]
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(4) - 'release' (development exclusion)
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. Any article, material, or supply except technology and software. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. ‘Enumerated’ refers to any item (i) on either the USML or CCL not controlled in a ‘catch-all’ paragraph and (ii) when on the CCL, controlled by an ECCN for more than Anti-Terrorism (AT) reasons only. An example of an ‘enumerated’ ECCN is 2A226, which controls valves with the following three characteristics: a “nominal size†of 5 mm or greater; having a bellows seal; and wholly made of or lined with aluminum, aluminum alloy, nickel, or nickel alloy containing more than 60% nickel by weight. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed with “knowledge†that it would be for use in or with commodities or software (i) described in an ECCN and (ii) also commodities or software either not ‘enumerated’ on the CCL or the USML (e.g., EAR99 commodities or software) or commodities or software described in an ECCN controlled only for Anti-Terrorism (AT) reasons. |
The part, component, accessory, attachment, or software" is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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Additional information To rely on paragraph (b)(4) you must have knowledge of the development that demonstrates the criteria of paragraph (b)(4). If there are questions regarding whether the part, component, accessory, attachment, or software meets the criteria of paragraph (b)(4), the U.S. Government may request to see the documentation you used in making this determination. The Note to paragraphs (b)(4), (b)(5) and (b)(6) of the "specially designed" definition identifies the type of documentation that may be relied upon when determining the applicability of this (b)(4) exclusion. Note to paragraphs (b)(4), (b)(5) and (b)(6). You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function.
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" decision tool as part of your analysis of the CCL Order of Review decision tool, Click Here to return to the CCL Order of Review Decision Tool.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. Any article, material, or supply except technology and software. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References +Note to paragraphs (b)(4), (b)(5) and (b)(6) For a commodity or software to be not “specially designed†on the basis of paragraphs (b)(4), (b)(5) or (b)(6), documents contemporaneous with its “development,†in their totality, must establish the elements of paragraphs (b)(4), (b)(5) or (b)(6). Such documents may include concept design information, marketing plans, declarations in patent applications, or contracts. Absent such documents, the “commodity†may not be excluded from being “specially designed†by paragraphs (b)(4), (b)(5) or (b)(6). |
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(5) - 'release' (development exclusion)
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. Any article, material, or supply except technology and software. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed as a general purpose commodity or software, i.e., with no “knowledge†for use in or with a particular commodity (e.g., an F/A-18 or HMMWV) or type of commodity (e.g., an aircraft or machine tool). |
The part, component, accessory, attachment, or software is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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Additional information To rely on paragraph (b)(5) you must have knowledge of the development that demonstrates the criteria of of paragraph (b)(5). If there are questions regarding whether the part, component, accessory, attachment, or software meets the criteria of paragraph (b)(5), the U.S. Government may request to see the documentation you used in making this determination. The Note to paragraphs (b)(4), (b)(5) and (b)(6) of the "specially designed" definition identifies the type of documentation that may be relied upon when determining the applicability of this (b)(5) exclusion. Note to Paragraphs (b)(4), (b)(5), and (b)(6). You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function.
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" decision tool as part of your analysis of the CCL Order of Review decision tool, Click Here to return to the CCL Order of Review Decision Tool.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References +Note to Paragraphs (b)(4), (b)(5), and (b)(6) For a commodity or software to be not “specially designed†on the basis of paragraphs (b)(4), (b)(5) or (b)(6), documents contemporaneous with its “development,†in their totality, must establish the elements of paragraphs (b)(4), (b)(5) or (b)(6). Such documents may include concept design information, marketing plans, declarations in patent applications, or contracts. Absent such documents, the “commodity†may not be excluded from being “specially designed†by paragraphs (b)(4), (b)(5) or (b)(6). |
(i) described in an ECCN controlled only for AT-only reasons and also for EAR99 commodites or software, or
(ii) exclusively for use in or with EAR99 commodites or software? [(b)(6) of "specially designed"]
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Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (b)(6) - 'release' (development exclusion) Paragraph (b)(6) is only used in the EAR version of "specially designed." There is no need for a paragraph (b)(6) exclusion in the ITAR version of "specially designed" because the ITAR does not include AT-only entries.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. Any article, material, or supply except technology and software. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed with “knowledge†that it would be for use in or with commodities or software described (i) in an ECCN controlled for AT-only reasons and also EAR99 commodities or software; or (ii) exclusively for use in or with EAR99 commodities or software. |
The part, component, accessory, attachment or software is not "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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Additional information To rely on paragraph (b)(6) you must have knowledge of the development that demonstrates the criteria of paragraph (b)(6). If there are questions regarding whether the part, component, accessory, attachment, or software meets the criteria of paragraph (b)(6), the U.S. Government may request to see the documentation you used in making this determination. The Note to paragraphs (b)(4), (b)(5) and (b)(6) of the "specially designed" definition identifies the type of documentation that may be relied upon when determining the applicability of this (b)(6) exclusion. Note to Paragraphs (b)(4), (b)(5) and (b)(6). You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function.
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. Knowledge of a circumstance (the term may be a variant, such as “know,†“reason to know,†or “reason to believeâ€) includes not only positive knowledge that the circumstance exists or is substantially certain to occur, but also an awareness of a high probability of its existence or future occurrence. Such awareness is inferred from evidence of the conscious disregard of facts known to a person and is also inferred from a person's willful avoidance of facts. This definition does not apply to part 760 of the EAR (Restrictive Trade Practices or Boycotts). This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References +Note to Paragraphs (b)(4), (b)(5), and (b)(6) For a commodity or software to be not “specially designed†on the basis of paragraphs (b)(4), (b)(5) or (b)(6), documents contemporaneous with its “development,†in their totality, must establish the elements of paragraphs (b)(4), (b)(5) or (b)(6). Such documents may include concept design information, marketing plans, declarations in patent applications, or contracts. Absent such documents, the “commodity†may not be excluded from being “specially designed†by paragraphs (b)(4), (b)(5) or (b)(6). |
The part, component, accessory, attachment, or software" is "specially designed" on the CCL.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR is "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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Additional information If you have completed the analysis of the definition and the part, component, accessory, attachment or software is "specially designed," but you believe the part, component, accessory, attachment or software does not warrant being "specially designed," you may review the criteria in § 748.3(e)( Classification requests to confirm that a part, component, accessory, attachment or software is not "specially designed". If you meet the criteria in that paragraph (e), you may submit a request in accordance with the procedures in that section to confirm that the part, component, accessory, attachment or software is not "specially designed." Commodity classification requests submitted pursuant to § 748.3(e) are reviewed by the Departments of Commerce, State and Defense. A consensus determination is required to confirm that a part, component, accessory, attachment or software is not "specially designed" on the basis of this paragraph. § 748.3(e) Classification requests to confirm that a part, component, accessory, attachment or software is not "specially designed." You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function.
CCL Order of Review Decision Tool If you have been reviewing the "Specially Designed" Decision Tool as part of your analysis of the CCL Order of Review Decision Tool, Click Here to return to the CCL Order of Review Decision Tool.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†“Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References Classification requests to confirm that a “part,†“component,†“accessory,†“attachment,†or “software†is not “specially designed.â€
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IMPORTANT If your item is anything other than a part, component, accessory, or attachment, you should not have reached this response in the decision tool. If you have reached this response, that means you incorrectly answered the previous decision tool question, [Are you classifying a part, component, accessory, or attachment, or software] You have two options if you incorrectly answered the previous decision tool question:
Additional information This part of the "Specially Designed" Decision Tool deals with the applicability of paragraph (a)(1) - 'catch' Paragraph (a) is the 'catch' portion of the "specially designed" definition.
The "specially designed" definition also includes Note to paragraph (a)(1) that will assist you in understanding and applying the paragraph (a)(1) peculiarly responsible criteria.
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. 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. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. +United States Munitions List (USML) The list of articles, services and related technical data in 22 CFR 121.1 that are designated as defense articles and defense services pursuant to 38 and 47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). These items are subject to the International Traffic in Arms Regulations (ITAR)(22 CFR 120 through 130). 'Specially Designed' - Paragraph References An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. Items that as a result of “development†have properties peculiarly responsible for achieving or exceeding the performance levels, ‘functions’ or characteristics in a relevant ECCN paragraph may have properties shared by different products. For example, ECCN 1A007 controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means. An example of equipment not meeting the peculiarly responsible standard under paragraph (a)(1) is a garage door opener, that as a result of “development†has properties that enable the garage door opener to send an encoded signal to another piece of equipment to perform an action (i.e., the opening of a garage door). The garage door opener is not “specially designed†for purposes of 1A007 because although the garage door opener could be used to send a signal by electrical means to charges or devices containing energetic materials, the garage door opener does not have properties peculiarly responsible for a achieving or exceeding the performance levels, ‘functions’ or characteristics in 1A007. For example, the garage door opener is designed to only perform at a limited range and the level of encoding is not as advanced as the encoding usually required in equipment and devices used to initiate charges and devices containing energetic materials, by electrical means. Conversely, another piece of equipment that, as a result of “development,†has the properties (e.g., sending a signal at a longer range, having signals with advanced encoding to prevent interference, and having signals that are specific to detonating blasting caps) needed for equipment used to initiate charges and devices containing energetic materials, would be peculiarly responsible because the equipment has a direct and proximate causal relationship that is central or special for achieving or exceeding the performance levels, ‘functions’ or characteristics identified in 1A007. |
The part, component, accessory, attachment, or software is 'caught' under paragraph (a)(1) of the "specially designed" definition.
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Additional information You do not need to review paragraph (a)(2) because you have already determined the part, component, accessory, attachment or software is caught under paragraph (a)(1). You will now be directed to a yes/no question to determine whether you need to review paragraph (b) of the "specially designed" definition (the 'release' portion of the "specially designed" definition).
Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. |
Overview for steps you will take for this track ("I don't know" track) of the "Specially Designed" Decision Tool
You answered "I don't know" for whether the part, component, accessory, attachment, or software as a result of development, meets the criteria of paragraph (a)(1).
1. By clicking on Next, you will be asked a yes/no question to determine whether the part, component, accessory, attachment, or software meets the criteria of (a)(2).
2. If you also answer "I don't know" for the next question, you will be directed to review the yes/no questions to determine whether paragraph (b) 'releases' the part, component, accessory, attachment, or software from "specially designed."
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Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References An “item†is “specially designed†if it as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. An “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it:
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Overview for steps you will take for this track ("I don't know track") of the "Specially Designed" Decision Tool
You answered "I don't know" for whether the item as a result of development, meets the criteria of paragraph (a)(1).
You also answered based on your response to an earlier question in the "Specially Designed" Decision Tool that the item you are classifying is not a part, component, accessory, attachment or software. Therefore, you do not review paragraph (a)(2) or paragraph (b) to determine whether the item is "specially designed."
Next steps
1. Review the CCL to determine if the item is described in an ECCN paragraph that uses "specially designed" as part of the control parameter. If you do not see the item described, then likely you do not have a "specially designed" item.
2. If you review the CCL and determine the item is described in an ECCN paragraph that uses "specially designed" as part of the control parameter, but you are having difficulty in determining whether as a result of development the item has properties peculiarly responsible for achieving or exceeding the criteria in paragraph (a)(1), you should review the definition of development in § 772.1 and the Note to paragraph (a)(1) of "specially designed." This additional regulatory guidance should assist you in determining whether the item meets the paragraph (a)(1) criteria.
3. If you are still having difficulty, you may also wish to contact the producer, developer or manufacturer of the item or any other party that is aware of the development of the item and its capabilities.
4. If you have used the three options above and still need assistance in classifying the item, you may submit a commodity classification request (CCATS) to BIS. As much as possible, you should indicate why you believe the item in question may be "specially designed," including any information you have determined based on the first three recommended steps above.
You have completed the "Specially Designed" Decision Tool.
Thank you
This tool is for educational use to assist persons reviewing the EAR to determine whether an item that is subject to the EAR "specially designed."
Using this tool does not guarantee whether an item is or is not "specially designed." However, if you have correctly answered the yes/no questions in the "Specially Designed" Decision Tool, you should have arrived at a correct determination whether an item is or is not "specially designed."
By clicking on Summary below, you can print out a copy of your responses to the "Specially Designed" Decision Tool for your records.
It is important for persons determining whether an item that is subject to the EAR is "specially designed" to review the EAR requirements, specifically the definition of "specially designed" in § 772.1.
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Additional information Note to paragraph (a)(1) of "specially designed"
If you have doubt regarding the classification of an item, you may submit a commodity classification request to BIS. If you do not have doubt regarding the classification of an item, there is no obligation or expectation that you will submit a commodity classification request to BIS.
You may print a copy of this summary screen for your records. If you want an electronic copy of the summary page, you may print out the hard copy summary page and then scan an electronic copy for your records. Also, depending on which browser you are using and if you have Adobe Acrobat or a web-based PDF printer tool installed, you may be able to "Print to PDF" through your browser's print function. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. 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. +Commodity classification request (CCATS) This acronym stands for Commodity Classification Automated Tracking System (CCATS) number. BIS assigns each of its commodity classifications a CCATS number. You may ask BIS to provide you with the correct Export Control Classification Number (ECCN) down to the paragraph (or subparagraph) level, if appropriate. BIS will issue you a determination that each item identified in your classification request is either described by an ECCN in the Commerce Control List (CCL) in Supplement No. 1 to Part 774 of the EAR or not described by an ECCN and, therefore, an "EAR99" item. These classification determinations issued by BIS are not U.S. Government determinations that the items described therein are “subject to the EAR,†as this term is defined in §734.3 of the EAR. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 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). 'Specially Designed' - Paragraph References Items that as a result of “development†have properties peculiarly responsible for achieving or exceeding the performance levels, ‘functions’ or characteristics in a relevant ECCN paragraph may have properties shared by different products. For example, ECCN 1A007 controls equipment and devices, specially designed to initiate charges and devices containing energetic materials, by electrical means. An example of equipment not meeting the peculiarly responsible standard under paragraph (a)(1) is a garage door opener, that as a result of “development†has properties that enable the garage door opener to send an encoded signal to another piece of equipment to perform an action (i.e., the opening of a garage door). The garage door opener is not “specially designed†for purposes of 1A007 because although the garage door opener could be used to send a signal by electrical means to charges or devices containing energetic materials, the garage door opener does not have properties peculiarly responsible for a achieving or exceeding the performance levels, ‘functions’ or characteristics in 1A007. For example, the garage door opener is designed to only perform at a limited range and the level of encoding is not as advanced as the encoding usually required in equipment and devices used to initiate charges and devices containing energetic materials, by electrical means. Conversely, another piece of equipment that, as a result of “development,†has the properties (e.g., sending a signal at a longer range, having signals with advanced encoding to prevent interference, and having signals that are specific to detonating blasting caps) needed for equipment used to initiate charges and devices containing energetic materials, would be peculiarly responsible because the equipment has a direct and proximate causal relationship that is central or special for achieving or exceeding the performance levels, ‘functions’ or characteristics identified in 1A007. |
Additional guidance is available for those not familiar with "specially designed"
If you are familiar with the new "specially designed" definition, select Next to proceed with the "Specially Designed" Decision Tool.
If you are not familiar with the new "specially designed" definition, the following information may be helpful to review before using the "Specially Designed" Decision Tool to give you a better understanding of the theory behind the "specially designed" definition and the relationship between paragraphs (a) and (b) of the definition. This includes tips you may be able to use to significantly shorten the time needed to review the "specially designed" definition.
BIS has posted a presentation on the BIS website, The Definition of "Specially Designed" Definition that provides additional background information on the new "specially designed" definition. Click Here if you wish to view the presentation before proceeding with the "Specially Designed" Decision Tool.
This presentation is found on the same part of the BIS website as the "Specially Designed" Decision Tool and can also be accessed directly from the BIS website. This presentation, along with the "Specially Designed" Decision Tool can be used as part of your internal training program.
BIS has also posted other decision tools and training materials on this part of the BIS website that will help you understand the changes being made to the EAR as part of the Export Control Reform (ECR) Initiative, as well as other provisions of the EAR.
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Additional information In reviewing "specially designed", you will start your analysis with paragraph (a), generally with paragraph (a)(1) and then proceed to paragraph (a)(2). If your item is not 'caught' under paragraph (a), it is not "specially designed" on the CCL. This applies: (i) regardless of the original design intent of the item, and also (ii) regardless of where the item may subsequently be used in or with. If the item is not 'caught' under (a), that is the end of your "specially designed" analysis. If the item you are classifying is not a part, component, accessory, attachment, or software, such as an end item or material, the only paragraph of the definition you need to review is paragraph (a)(1). For example, if the end item is caught under paragraph (a)(1), it is a "specially designed" item on the CCL. If the end item is not 'caught' under (a)(1), the end item is not "specially designed" on the CCL. If you are classifying a part, component, accessory, attachment, or software in a paragraph on the CCL that controls non-specific parts, components, accessories, attachments, or software, such as a 600 series .x items paragraph, you can skip paragraph (a)(1) and proceed directly to paragraph (a)(2). You can take this time saving shortcut because for these "specially designed" entries all that is ‘caught’ under (a)(1) will also be ‘caught’ under the broader criteria of paragraph (a)(2). If the item is a part, component, accessory, attachment, or software, that is 'caught' under paragraph (a)(1) or (a)(2), you will then review paragraph (b) starting with (b)(1), then proceeding to paragraphs (b)(2), then (b)(3), (b)(4), (b)(5) and (b)(6), if needed. However, if the part, component, accessory, attachment, or software is referenced in a decontrol, you do not need to review paragraph (b). A part, component, accessory, attachment, or software that meets the criteria of paragraph (b) is not "specially designed." Therefore, in analyzing the "specially designed" definition, if you have already determined the part, component, accessory, attachment, or software meets the criteria of one of the paragraphs in (b), you may exit the "Specially Designed" Decision Tool because anything 'released' under paragraph (b) is not "specially designed" on the CCL. 　 Key terms 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. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†The CCL also contains notes excluding from control “parts†and “components†“specially designed†for uncontrolled items. Such uncontrolled items are merely ‘described’ and are not ‘enumerated.’ Note 2 to ECCN 1A002 is an example of items excluded from control based on being “specially designed†for a ‘described’ item. This is a system, equipment or assembled commodity ready for its intended use. Only ammunition, fuel or other energy source is required to place it in an operating state. Examples of end items include ships, aircraft, computer, firearms, and milling machines. “Item†means “commodities, software, or technology.†When the EAR intend to refer specifically to commodities, software, or technology, the text will use the specific reference. This is any list-specified crude or processed matter that is not clearly identifiable as any of the types of items defined in § 772.1 under the defined terms, “end item,†“component,†“accessories,†“attachments,†“part,†“software,†“system," “equipment,†or “facilities.†The exclusion from the definition of material for clearly identifiable items defined in § 772.1, such as for “parts†and “components,†does not apply to the following ECCNs: 1C233, 1C234, 1C235, 1C236, 1C237, 1C239, 1C350, 1C395, 1C991, 1C992, and 1C995. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References Except for items described in (b), an “item†is “specially designed†if as a result of “development†has properties peculiarly responsible for achieving or exceeding the performance levels, characteristics, or functions in the relevant ECCN or U.S. Munitions List (USML) paragraph. Except for items described in (b), an “item†is “specially designed†if it is a “part,†“component,†“accessory,†“attachment,†or “software†for use in or with a commodity or defense article ‘enumerated’ or otherwise described on the CCL or the USML. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it has been identified to be in an ECCN paragraph that does not contain “specially designed†as a control parameter or as an EAR99 item in a commodity jurisdiction (CJ) determination or interagency-cleared commodity classification (CCATS) pursuant to § 748.3(e). A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it is, regardless of ‘form’ or ‘fit,’ a fastener (e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, solder. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it has the same function, performance capabilities, and the same or ‘equivalent’ form and fit, as a commodity or software used in or with an item that: (i) Is or was in “production†(i.e., not in “developmentâ€); and (ii) Is either not ‘enumerated’ on the CCL or USML, or is described in an ECCN controlled only for Anti-Terrorism (AT) reasons. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed with “knowledge†that it would be for use in or with commodities or software (i) described in an ECCN and (ii) also commodities or software either not ‘enumerated’ on the CCL or the USML (e.g., EAR99 commodities or software) or commodities or software described in an ECCN controlled only for Anti-Terrorism (AT) reasons. A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed as a general purpose commodity or software, i.e., with no “knowledge†for use in or with a particular commodity (e.g., an F/A-18 or HMMWV) or type of commodity (e.g., an aircraft or machine tool). A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it was or is being developed with “knowledge†that it would be for use in or with commodities or software described (i) in an ECCN controlled for AT-only reasons and also EAR99 commodities or software; or (ii) exclusively for use in or with EAR99 commodities or software . |
Overview for steps you will take for this track ("I don't know" track) of the "Specially Designed" Decision Tool
You answered "I don't know" for whether the part, component, accessory, attachment or software meets the criteria of paragraph (a)(1) and (a)(2). This means you are not sure whether the part, component, accessory, attachment or software is 'caught' under paragraph (a) of "specially designed."
Next step
1. Review paragraph (b) to determine if 'released.' By clicking on Next, you will be asked yes/no questions to determine whether paragraph (b) 'releases' the part, component, accessory, attachment or software from "specially designed."
Note: If not 'released' under (b), then consider taking the following steps.
2. Review the CCL again to determine if the part, component, accessory, attachment or software is described in an ECCN paragraph that uses "specially designed" as part of the control parameter.
3. If you are still having difficulty, you may also wish to contact the producer, developer or manufacturer of the part, component, accessory, attachment or software or any other party that is aware of its development, its capabilities and what other items it is used in or with. Obtaining this additional information may assist you in determining whether the part, component, accessory, attachment or software is 'caught' under paragraph (a) or 'released' under paragraph (b).
4. If you have used the three options above and still need assistance in classifying the item, you may submit a commodity classification request CCATS to BIS. As much as possible, you should indicate why you believe the part, component, accessory, attachment or software in question may be "specially designed," including any information you have determined based on the first three recommended steps above.
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Additional Information If you have doubt regarding the classification of an item, you may submit a commodity classification request to BIS. If you do not have doubt regarding the classification of an item, there is no obligation or expectation that you will submit a commodity classification request to BIS. Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This acronym stands for Commodity Classification Automated Tracking System (CCATS) number. BIS assigns each of its commodity classifications a CCATS number. You may ask BIS to provide you with the correct Export Control Classification Number (ECCN) down to the paragraph (or subparagraph) level, if appropriate. BIS will issue you a determination that each item identified in your classification request is either described by an ECCN in the Commerce Control List (CCL) in Supplement No. 1 to Part 774 of the EAR or not described by an ECCN and, therefore, an "EAR99" item. These classification determinations issued by BIS are not U.S. Government determinations that the items described therein are “subject to the EAR,†as this term is defined in §734.3 of the EAR. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. |
Strategy to review paragraph (b) first – a time saving tip in certain cases
In certain cases, for example, it may be beneficial for you to review paragraph (b) first when determining whether a part, component, accessory, attachment, or software is "specially designed."
If the answer is "yes" to any of the following below, you may want to review paragraph (b) first to determine if the part, component, accessory, attachment, or software is ‘released’ from "specially designed."
(i) it has been previously reviewed by the U.S. Government;
(ii) it is an insignificant part or minor component;
(iii) it is used in or with the production of the least controlled commodities or software (AT-only ECCNs or EAR99);
(iv) it was or is being developed for use in or with the least controlled commodities or software (AT-only ECCNs or EAR99); or
(v) it was or is being developed as a general purpose commodity or software.)
Note: Click “yes†if any of the above apply.
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Key terms These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “accessories†and “attachments†are the same. These are associated items for any “component,†“end item,†or “system,†and which are not necessary for their operation, but which enhance their usefulness or effectiveness. For example, for a riding lawnmower, “accessories†and “attachments†will include the bag to capture the cut grass, and a canopy to protect the operator from the sun and rain. For purposes of this definition, “attachments†and “accessories†are the same. This is an item that is useful only when used in conjunction with an “end item.†“Components†are also commonly referred to as assemblies. For purposes of this definition an assembly and a “component†are the same. There are two types of “componentsâ€: “major components†and “minor components.†A “major component†includes any assembled element which forms a portion of an “end item†without which the “end item†is inoperable. For example, for an automobile, “components†will include the engine, transmission, and battery. If you do not have all those items, the automobile will not function, or function as effectively. A “minor component†includes any assembled element of a “major component.†“Components†consist of “parts.†References in the CCL to “components†include both “major components†and “minor components.†(General Technology Note) “Development†is related to all stages prior to serial production, such as: design, design research, design analyses, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts. Items subject to the EAR that are not elsewhere specified in this CCL Category or in any other category in the CCL are designated by the number EAR99. The numbers used in Supplement No. 1 to part 774 of the EAR and throughout the EAR. The Export Control Classification Number consists of a set of digits and a letter. Reference §738.2(d) of the EAR for a complete description of each ECCN’s composition. This is any single unassembled element of a “component,†“accessory,†or “attachment†which is not normally subject to disassembly without the destruction or the impairment of design use. Examples include threaded fasteners (e.g., screws, bolts, nuts, nut plates, studs, inserts), other fasteners (e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, insulators, grommets, bushings), springs and wire. (General Technology Note) (All Categories) -- All production stages, such as: product engineering, manufacture, integration, assembly (mounting), inspection, testing, and quality assurance. A collection of one or more “programs†or “microprograms†fixed in any tangible medium of expression. 'Specially Designed' - Paragraph References A “part,†“component,†“accessory,†“attachment,†or “software†that would be controlled by paragraph (a) is not “specially designed†if it:
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