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, O…
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.