Response: The definition of "specially designed" as published in the
Comment: One commenter recommended that the sentence reading: "Thus, ECCN 3A611 controls only electronic items `specially designed' for a military use that are not otherwise within the scope of a USML category or `600 series' ECCN other than ECCN 3A611" be revised by replacing the phrase or "`600 series' ECCN other than ECCN 3A611" with "another 600 series ECCN," because the note is within ECCN 3A611, and therefore the reference to 3A611 is unnecessary.
Response: BIS acknowledges the reference to ECCN 3A611 is, as a matter of syntax, unnecessary. However, experience indicates that in the EAR, explicit references, even at the risk of sounding pedantic, often result in fewer misunderstandings. Therefore, BIS is not adopting this change.
Comment: One commenter stated that the text in the related control note to 3A611 that reads ". . . that are not controlled in any USML category but are within the scope of another `600 series' ECCN are controlled by that `600 series' ECCN" appears contrary to the reasoning used to include military computers, telecommunications devices and radars in 3A611, and further clouds exactly where electronic components should be classified.
Response: ECCNs 4A611, 5A611 and 6A611 in the
Comment: One commenter noted that the second sentence of this related control note (number 6 in this proposed rule) refers to ECCN 3A611, whereas the corresponding explanatory text in the preamble refers to ECCN 3A611.x. The commenter believes that the regulatory text is correct and that the explanatory text should be modified accordingly.
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