Q.16: If I have a past commodity jurisdiction determination (CJ) from the Department of State that indicated my item is not subject to the ITAR, and at that time, it was classified on the CCL in a paragraph that does not use “specially designed” or was EAR99, will that past CJ be preserved?

A.16: Yes, see paragraph (b)(1) of "specially designed." Paragraph (b)(1) specifies that "parts," "components," "accessories," "attachments," or "software" identified in such a CJ would not be "specially designed" on the CCL. In addition, in conducting your analysis of the CCL Order of Review for the "600 series," having a past CJ that identified the item as subject to the EAR, and that item was classified in an ECCN that did not end in -018 or was designated as EAR99 would mean under the CCL Order of Review, you would skip to Step 5 in your analysis of the CCL. This is because the new General Order No. 5 to Part 736 under paragraph (c) (Prior commodity jurisdiction determinations) specifies such items in past CJs are not classified in the "600 series."


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