Q.4: The “specially designed” definition in section 772.1 of the EAR includes a release paragraph under paragraph (b)(2) describing how to determine whether “parts” and minor “components” (such as nut-plates) are not “specially designed.” If these “parts” and minor “components” were never “specially designed,” why are they not excluded from the definitions of “part” and “component”?

A.4: Do not take paragraph (b)(2) of "specially designed" out of context on the CCL and try to apply a "specially designed" analysis to a paragraph that does not include "specially designed" in its control parameter. An analysis of the "specially designed" definition is only conducted when the paragraph being reviewed uses "specially designed" in the control parameter. In many cases, such as in the "600 series" .x paragraphs, broad catch-all provisions control non-specific "parts," "components," "accessories" and "attachments" that are denoted as being "specially designed" for the respective "600 series" ECCN or the related USML category referenced in those "600 series" ECCN paragraphs. In those cases, a "specially designed" "parts" analysis under paragraph (b)(2) is necessary to assess whether the "parts" and minor "components" are "specially designed." However, other ECCNs on the CCL use the generic term "parts," but without the modifier of "specially designed." In these cases, a "specially designed" "parts" analysis under paragraph (b)(2) is not necessary. However, "parts" and "components" specified in paragraph (b)(2) in the definition of "specially designed" could be controlled under the generic "parts" or "components" definitions or other broader terms used on the CCL such as "commodities." Also as noted, certain ECCNs may enumerate or otherwise describe a "part" or minor "component," including a "part" or minor "component" that was specified under paragraph (b)(2) in the definition of "specially designed."

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