This Guidance does not create any privileges, benefits, or rights, substantive or procedural, enforceable by any individual, organization, party, or witness in any administrative, civil, or criminal matter.



Q.20: The “component” I am classifying was “developed” twenty years ago. I am not the original equipment manufacturer (OEM), so I don’t have “knowledge” of what it was “developed” for, but I do “know” it is currently used in basic consumer items in “production” that are designated EAR99 or in ECCNs that are only controlled for AT reasons on the CCL. Are there any ‘releases’ under “specially designed” that address this scenario?

A.20: The "production" ‘release’ under paragraph (b)(3) may be applicable. This question is not an uncommon fact pattern where a "part," "component," "accessory," or "attachment" was developed decades ago. Criteria under paragraph (b)(3)(i) and (ii) identify when a "part," "component," "accessory," "attachment" or "software" has moved into the lowest controlled items in "production" and therefore warrants ‘release’ from "specially designed."


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