HOST: Do you know where to find the Commerce Control List?
Do you know how to review the Commerce Control List
to determine your product's Export Control Classification Number, or ECCN?
These are all questions you may have.
Hello, I'm Clariebel.
In our first video we learned that by law as an exporter
you have certain responsibilities before your goods leave the U.S.
A small percentage of all goods shipped need an export license.
The first step for determining if your product needs a license
is to find its Export Control Classification Number, or ECCN,
on the Commerce Control List.
Let's check in again with our exporter and my colleague.
CALLER: Hi. We spoke earlier today about why it's important to know
if my product has an Export Control Classification Number--
the ECCN, as you call it-- or if it is EAR99.
Now I have my product information handy.
Do you have time to explain to me
how I go about reviewing the Commerce Control List
to see if my product is on there?
COUNSELOR: Yes, I'm glad you called back.
There are three possible options
that we recommend for finding your ECCN.
First, if you are not the manufacturer of the item,
we recommend that you contact them or check their website.
Many manufacturers that export their items
have already determined the ECCNs.
CALLER: Well, that's not an option. My company is the manufacturer.
What are my other two options?
COUNSELOR: Well, the second option is to do a self-classification
if you are the manufacturer
or know the technical characteristics of the item.
CALLER: That sounds like a good possibility for us.
How about the third option?
COUNSELOR: Well, the third option is to submit an online classification request
to the Bureau of Industry and Security.
This process will require a minimum of 14 days
once the request is received by the Commerce Department.
CALLER: Well, I really need to send this shipment soon.
I want to try to self-classify my product.
COUNSELOR: Since you are the manufacturer
and know the technical characteristics of your item,
you should be able to do the self-classification relatively quickly.
This process involves evaluating ECCN entries on the Commerce Control List
and determining which one, if any, describes your item.
Bear in mind that only items having specific performance characteristics
that are controlled for a reason
are on the Commerce Control List and will have an ECCN.
CALLER: Where do I find the Commerce Control List?
We are shipping parts for an ordinary printing press.
COUNSELOR: Well, to get started, I am going to direct you
to our website, WWW.BIS.DOC.GOV.
Once you are on that page
you will click on the "Commerce Control" link
that is on the left side of the page.
CALLER: Okay, I am there and I see lots of files.
COUNSELOR: What you have on your screen is the complete database
for the Export Administration Regulations.
You may want to take a quick look at the beginning of Part 738
where you'll see a description
of the Commerce Control List structure and format.
CALLER: I'll definitely take a look at that.
COUNSELOR: Okay.
Back to the main page, let's scroll down to Part 774
where the Commerce Control List is located.
You'll notice that there's an Alphabetical Index to the Commerce Control List.
This is a good place to determine
if your item is listed with a corresponding ECCN.
CALLER: Let's see. L, M, N, Oů
P.
Hot presses, isostatic pressure vessels, primary cells, printed circuit boards.
Great!
Printing presses are not on the list. That was quick.
Well, thanks, that wasn't so bad after all!
COUNSELOR: Well, not so fast.
You are correct that printing presses are not listed in the Alphabetical Index,
which may lead us to conclude
that your item is not on the Commerce Control List.
But keep in mind that the Alphabetical Index is not a complete listing.
It is a useful tool to narrow your search,
but it does not take the place
of actually looking within the Commerce Control List.
CALLER: I knew it was too good to be true.
COUNSELOR: So let's take a closer look at the Commerce Control List.
The list is divided into 10 Categories-- Category 0 to Category 9.
CALLER: Okay, I see them. Now what?
COUNSELOR: Think about the general characteristics of your item.
What is the item?
What is it used for?
Then review the ten categories
to determine which is most relevant to your item.
Review the relevant category or categories
to see if there is an ECCN
that matches the specific characteristics and function of your item.
Since your item is a part for a printing press,
you will probably want to begin looking in Category 0,
which contains miscellaneous items.
CALLER: Now I'm getting the hang of this process.
I will be able to classify other items that we are exporting.
I'm at the beginning of Category 0.
Wow!
There's a lot of information here.
Do I really need to read all of this technical jargon?
I see 0A001, Nuclear Reactors.
This is way out of my league.
COUNSELOR: The easiest way is to start at the beginning
of the Commerce Control List Category
and review the brief description in bold
which is provided next to each ECCN.
If that ECCN does not describe your product,
then move on to the next ECCN.
If you think the description may cover your product,
then read further into in the actual ECCN entry
under "List of Items Controlled"
for the specific details of what is controlled in that particular entry.
CALLER: Okay, I'm following you.
COUNSELOR: If your item meets the technical parameters,
then that will be its ECCN.
So in your case, at the beginning of Category 0, you will see 0A001,
which is an ECCN that describes nuclear reactors.
Since this is not relevant to a printing press,
you can move on to the next ECCN.
CALLER: This isn't too bad after all.
COUNSELOR: Make sure you review the entries from front to back.
Entries toward the front of each category
are more specific than those toward the back.
You need to be sure that your item
isn't in any one of the more specific entries before you move on.
CALLER: What if I go through this Category, and I can't find an exact match to my item?
Am I done?
COUNSELOR: Well, first, you will want to check
any other category that you think might apply.
If you don't find your item listed anywhere,
you can determine that it's not on the Commerce Control List
and has a designation of EAR99.
As we discussed previously,
the vast majority of the exports subject to Commerce jurisdiction
are of EAR99 items.
CALLER: And that's a good thing when it comes to exporting.
COUNSELOR: Yes, in most instances,
EAR99 items can be exported to almost all destinations
without an export license from the Department of Commerce.
But remember, there are some important exceptions
involving prohibited end-users and end-uses
as well as sanctioned or embargoed destinations.
CALLER: So my item will either be specifically described in an ECCN
or it will be EAR99.
COUNSELOR: That's correct.
If your item is described under an ECCN,
we can determine if an export license is required
to send your item to a particular destination.
On the other hand, if you determine that your item is EAR99,
you may proceed with your shipment,
provided that the export is not going to an embargoed country,
a prohibited end-user, or for a prohibited end-use.
CALLER: Thanks so much!
This shouldn't take long now that I know what to look for.
I'll call back once I've completed the review
and determined how my item is classified.
Then we can talk about those end-use and end-user restrictions, okay?
COUNSELOR: Exactly. We're here to help guide you through the process.
If you have any questions about this, give us a call.
We also have online training modules available on our website,
including one on the Commerce Control List and classifying your Item.
From the BIS homepage, look for the link to Seminars and Training
and then select the Online Training Room.
HOST: I hope this scenario helped to explain
how to go about determining your ECCN for an export transaction.
The proper classification of your item
is essential to determining any licensing requirements
under the Export Administration Regulations.
You may check with the manufacturer, classify the item on your own,
or submit a classification request to have BIS determine the ECCN for you.
When reviewing the Commerce Control List
to determine if your item is specified by an ECCN,
you will first need to determine in which of the ten broad categories
of the Commerce Control List your item is included
and review any applicable entry.
If your item is not described in any ECCN entry,
it is designated as EAR99.
EAR99 serves as a "basket" category for items that are covered by the EAR,
but are not specified on the Commerce Control List.
EAR99 items can be shipped without a license
to most destinations under most circumstances.
The majority of the commercial exports
from the United States fall into this category.
However, there are limitations on the use of EAR99
related to embargoed countries,
prohibited end-users, or prohibited end-uses.
My colleagues and I at the Bureau of Industry and Security
are here to assist you.
If you have any additional questions or need further guidance along the way,
please call us.
Thank you and have a great day.