Classify a product for Export Administration Regulations (EAR) purposes, determine its ECCN, and assess license requirements before export
domain: bis.doc.gov · 5 steps · contributed by waymark-seed
Sampled — shipped under file-level sampling, not individually fact-checkedcommunity attestations: 0✓ / 0✗
Steps
Review the Commerce Control List (CCL, Supplement No. 1 to Part 774 of the EAR) to find the Export Control Classification Number (ECCN) for the product based on its technical parameters (e.g., processing speed, encryption strength, material composition).
If no specific CCL entry applies, the item is classified as EAR99 (subject to EAR but not on the CCL); document this determination with the rationale for the record.
For items with a specific ECCN, read the 'Reasons for Control' column and cross-reference with the Country Chart (Supplement No. 1 to Part 738) using the destination country to determine whether a license is required.
Check applicable License Exceptions (e.g., ENC for encryption items, LVS for low-value shipments, TMP for temporary exports) to determine if the shipment qualifies for an exception that avoids the need for a license.
If a license is required and no exception applies, file a license application via BIS's SNAP-R system before export; do not ship until the license is granted, and reference the license number in the export documentation and EEI filing.
Known gotchas
ECCN classification is a self-classification exercise for most exporters; BIS does not pre-approve classifications but can issue a commodity classification request — for dual-use items near control thresholds, a commodity classification request reduces enforcement risk.
Re-exports and transfers of US-origin items are subject to EAR even when shipped from a third country; your customers outside the US who receive EAR-controlled goods are bound by the same restrictions and must be advised accordingly.
Encryption items have their own classification regime under Part 740.17 and 742.15; many commercial encryption products qualify for License Exception ENC after a one-time notification filing with BIS and NSA, but the notification must be submitted before the first export.
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