Licensing: New agreement guidelines pursuant to the US-Canadian Exchange of Notes regarding ITAR section 126.18, Canada has provided appropriate implementation guidance which can be found at the following links:http://ssi-iss.tpsgc-pwgsc.gc.ca/dmc-cgd/bulletins/bulletin3-eng.html

I. Background — Classification Requests Section 748.3(a) of the Export Administration Regulations (EAR) sets forth a procedure for how the public may seek and receive determinations regarding where or if items “subject to the EAR”1 are classified on the EAR’s Commerce Control List (CCL). In essence, if one makes a request in accordance with EAR sections 748.1 and 748.3(b), the Commerce Department’s Bureau of Industry and Security (BIS) will issue a formal classification determination regarding which, if any, ECCN controls the item described in the request.

Classification determinations are only as good as the quality, clarity, and the accuracy of the information provided in the classification request. The rules pertaining to the classification of composite-related information are complex largely because composite related technology is complex. Small changes in facts can result in significant differences in the control status of technologies. Thus, if a classification request for composite-related information does not describe carefully and address all the potentially applicable regulatory, definitional, and technical issues associated with a particular item at issue (as opposed to broad categories of items), then the classification determination will not likely be as reliable or useful as it should or could be. The most common questions BIS personnel have received in recent years regarding such items pertain to whether information used in the production or development of carbon fiber organic matrix material systems and related structures are within the scope of Export Control Classification Number (“ECCN”) 1E001.

To read fully article see<http://www.bis.doc.gov/policiesandregulations/advisoryopinions/oct25_2011_guidance.pdf>

The following are paragraphs 1 and 2 of the 14-page document:

Guidance for Preparing Commodity Classification (“CCATS”) Requests for Information Pertaining to the Development or Production of Carbon Fiber Organic Matrix Composite Items (October 25, 2011)

I. Background — Classification Requests

Section 748.3(a) of the Export Administration Regulations (EAR) sets forth a procedure for how the public may seek and receive determinations regarding where or if items “subject to the EAR”1 are classified on the EAR’s Commerce Control List (CCL). In essence, if one makes a request in accordance with EAR sections 748.1 and 748.3(b), the Commerce Department’s Bureau of Industry and Security (BIS) will issue a formal classification determination regarding which, if any, ECCN controls the item described in the request.

Classification determinations are only as good as the quality, clarity, and the accuracy of the information provided in the classification request. The rules pertaining to the classification of composite-related information are complex largely because composite-related technology is complex. Small changes in facts can result in significant differences in the control status of technologies. Thus, if a classification request for composite-related information does not describe carefully and address all the potentially applicable regulatory, definitional, and technical issues associated with a particular item at issue (as opposed to broad categories of items), then the classification determination will not likely be as reliable or useful as it should or could be. The most common questions BIS personnel have received in recent years regarding such items pertain to whether information used in the production or development of carbon fiber organic matrix material systems and related structures are within the scope of Export Control Classification Number (“ECCN”) 1E001.

II. Purpose of this Document

In light of the foregoing, BIS hopes to begin building a public collection of carbon fiber organic matrix composite-related classification determinations that will be the foundation for the development of better and common understandings between and within industry and government regarding the proper classifications of a wide variety of such technologies. For such a collection to be useful, however, the requests should address all the relevant definitional and control variables in the EAR for such composite-related technologies. To assist those preparing such requests, BIS has assembled this guidance document. Section III below contains a description of the various EAR provisions relevant to analyzing the classification status of carbon fiber organic matrix technologies. Drawing upon these descriptions, section IV contains BIS’s recommendations for issues to consider and address when drafting classification requests for carbon fiber organic matrix technologies.

The guidance in this document is limited in scope to descriptions of composite-related EAR provisions in effect at the time of its publication and related suggestions pertaining to the preparation of classification requests. Exporters are reminded that they will need to refer to all relevant EAR provisions in effect at the time of any particular export to determine the export control-related obligations pertaining to the export.

Source: http://www.bis.doc.gov/policiesandregulations/advisoryopinions.htm