Comment: One commenter stated that adding analog-to-digital converters to ECCN 3A101.a is a positive change, but thought that doing so was inconsistent with the other changes that were adding electronic items from the USML to ECCN 3A611. The commenter thought the departure from the standard pattern would cause confusion.
Response: BIS proposed adding these analog-to-digital converters to ECCN 3A101.a because that paragraph currently addresses those analog-to-digital converters by referring readers to the USML. BIS believes that implementing the EAR control in the paragraph that currently refers readers to the USML for controls on the same commodities would be less confusing than adding these analog-to-digital converters to a new 600 series ECCN. This proposed rule slightly revises the
Comments on ECCN 3A611
Comment: One commenter recommended changing the LVS paragraph in ECCN 3A611 to read
Response: BIS agrees that the proposed rule phrasing was not consistent with the pattern used in most ECCNs. To improve consistency and clarity, this proposed phrases the LVS limit as
Comment: BIS received several comments concerning related controls note number (2) in the
Electronic items "specially designed" for military use 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. 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. For example, electronic components not enumerated on the USML or another 600 series entry that are "specially designed" for a military aircraft controlled by USML Category VIII or ECCN 9A610 are controlled by the catch-all control in ECCN 9A610.x. Electronic components not enumerated on the USML or another 600 series entry that are "specially designed" for a military vehicle controlled by USML Category VII or ECCN 0A606 are controlled by ECCN 0A606.x. Electronic components not enumerated on the USML that are "specially designed" for a missile controlled by USML Category IV are controlled by ECCN 0A604.
One commenter stated that many types of electronic equipment are used in military vehicles or other military equipment and have no functional or technical difference from similar equipment used in civilian vehicles or equipment. Unless the definition of "specially designed" allows for minor modifications to be made without an item being considered "specially designed," the proposed rule would have the potential to impose significant controls on automotive electronic items that are in normal commercial use throughout the world. The proposed rule should be clarified to address this issue by including a note reading, "Automotive electronic parts, components, accessories and attachments, controlled by 0A606.y are not subject to 3A611.y simply because they contain electronics, rather they are controlled by 0A606.y."
Most Popular Stories
- 15 Myths That Could Ruin Your Hispanic Ad Campaign
- AIG to Create 230 Jobs in Charlotte
- General Motors Names Mary Barra as First Female CEO
- Russia Says Nyet to Canada North Pole Claim
- Bipartisan Negotiators Reach Modest Budget Agreement
- Justin Bieber Visits Typhoon Victims, Plays Concert
- Senate Dems Move Forward With Obama Nominees
- MasterCard to Split Shares, Raise Dividend
- New Obama Aide to Focus on Climate Change
- Obama Nominee Confirmed for D.C. Appeals Court