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Exporters are responsible for making sure that their items are properly classified for export control purposes. Classification requests and the procedures for filing them are described in detail in Part 748.3(b) and in Supplement 1 to Part 748 of the Export Administration Regulations. Part 748 notes that classification requests must be submitted using Form BXA-748P or its electronic equivalent, and must be supported by descriptive material (such as literature, brochures, technical specifications) providing sufficient technical detail for BISto complete the classification. The guidelines below identify some common problems with or omissions from commodity classification requests and suggest steps you can take to avoid them.
1. If a commodity classification request is related to a previous classification by the Bureau of industry and Security (BIS), please indicate the "CCATS" (Commodity Classification Automated Tracking System) number of the previous classification. Put this information in box 24. This will speed processing.
2. Identify the item to be classified by model or part number. Providing the model or part number is essential for accurate classification. For technology, the information provided to describe the technology should be numbered or otherwise titled and dated for reference.
3. Review the Commerce Control List (Part 774 Sup 1) to identify (approximately) the ECCN or ECCNs that seem to be appropriate. Try to describe your item/technology in the control parameters used in the CCL entries (you will find more information on the Commerce Control List on the Government Printing Office/EAR Web site ). Before BIS can confirm the classification of your item/technology, it will be necessary to compare the parameters of your item with the control list. If the parameter information is not provided with the application, we will request that you provide the information. We can not complete the application without this information. Any delay in providing the information will delay the completion of your application.
4. Pictures, sales brochures, catalogues, and other descriptive information are often useful in classifying the product but they do not take the place of the information noted above. Sales literature is often prepared for reasons other than a classification. If the pictures, sales brochures, etc., do not cover all of the relevant parameters, please supplement with additional data necessary to complete the description. BIS must have information on all the relevant parameters contained in an ECCN in order to complete the classification of an item.
5. Classification requests must be limited to 6 items (see Part 748.3 of the Export Administration Regulations). The item requested should be described with a recommended classification - ECCN - in Block 22 of the BXA-748P Multipurpose Application Form. If there are multiple items, they should be individually listed with the first being listed in Block 22 of the BXA-748P and items 2 thru 6 being listed on BXA-748P-A Item Appendix Form. These forms are optically scanned into BIS' system. Items listed in Block 22 of both the BXA-748P and BXA-748P-A are entered individually and allow the reviewer to classify each item. If multiple items are contained in a single Block 22 description, it is more difficult to tie the classification to the individual model numbers. If the number of items to be classified exceeds 6, the additional items will not be classified unless you have received prior written approval from BIS.
6. If you submit your requests electronically using SNAP or an ELAIN vendor, be sure that the submission adequately describes your product (see 1 and 2 above). If it is not possible to include the relevant information in the electronic submission, then note in Block 24, "additional information," where the engineer can get the additional hard copy information (i.e. web site, company representative's telephone number, etc.). If the supporting documentation is submitted by fax (use the following number, please: 202-219-9179 or -9182), be sure that the documentation is clearly identified with the "Z" application control number. BIS will call to request missing data. Please note that BIS will return the application without action if missing data is not provided in a timely fashion.
7. Make sure that your submission substantiates that the item, technical data or software is subject to the EAR (see Part 734.3). BIS will only classify those items that are subject to the EAR. If you are not sure that your item is subject to the EAR, you should try to resolve this question before making the submission to Commerce. Your submission should, if applicable, address the following issues and how they have been resolved:
A. Direct products of U.S. origin technical data (see Part 734.3(a)(4) and foreign products that have U.S. content (see Part 734.4) may be subject to the EAR and are appropriate to classify. If such a classification is requested, it will be necessary to establish on what basis the item is subject to the EAR. Keep in mind that if such an item is in the United States it is subject to the EAR (see Part 734.3(a)(1)) despite any technical data or de minimis considerations.
B. If it is your intention to make the technical data or software "publicly available" (see Part 734.3(b)(3)), then there is no need to request a classification as "publicly available" data or software is not subject to the EAR unless it is encryption software described in ECCN 5D002 (see Encryption for more information). Supplement #1 to part 734 provides additional guidance on "publicly available" criteria.
C. The Departments of State and Energy, the Nuclear Regulatory Commission, and the Patent and Trademark Office all have jurisdiction over certain items. BIS cannot classify those items. Consult Part 734.3(b) for more information. If you have been informed by another agency that Commerce has jurisdiction over your item, please provide that information (such as a Commodity Jurisdiction number from State) in your application.