Q.17: If I complete the analysis of “specially designed” for my “component” that is subject to the EAR and determine the “component” is “specially designed,” is there any process under the EAR whereby I can request a U.S. Government review to determine whether the “component” does not warrant being “specially designed?”

A.17: Yes, see paragraph (b)(1) of "specially designed" and § 748.3(e) (Classification requests to confirm that a "part," "component," "accessory" "attachment" or "software" is not "specially designed"). Under the § 748.3(e) process, if the Departments of Commerce, Defense and State all concur that a "part," "component," "accessory," "attachment," or "software" does not warrant being "specially designed," BIS can issue a classification specifying that the "part," "component," "accessory," "attachment," or "software" is not "specially designed" and provide a classification in an ECCN paragraph that does not use "specially designed" or an EAR99 designation. However, before submitting such a classification request, you should review the entire "specially designed" definition. Your submission should include information on why the item does not meet any of the paragraph (b) tests.

   
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