BIS Final Rule Corrects CCL Description for Certain Precursor Chemicals

The Bureau of Industry and Security (BIS) has issued a final rule, effective May 4, 2004, which amends 15 CFR Part 774 to correct the description of certain precursor chemicals on the Commerce Control List (CCL) to make it consistent with the list of "Schedule 2" chemicals under the Chemical Weapons Convention (CWC).

Final Rule Corrects Description of Certain Chemicals in ECCN 1C355, Etc.

BIS explains that this final rule makes the following changes to Export Control Classification Number (ECCN) 1C355:

ECCN 1C355a.2.a. BIS is correcting ECCN 1C355a.2.a to be consistent with the description in Schedule 2.B(4) of the CWC, set forth in Supplement No.1 to 15 CFR Part 745, by changing the paragraph to read:

"Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl, or propyl (normal or iso) group but not further carbon atoms."

(This paragraph previously stated: "Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl, or propyl (normal or iso) group with no additional carbon atoms in the structure.")

BIS states that this correction is necessary to clarify that all Schedule 2.B(4) chemicals are controlled for export under ECCN 1C355.

In addition, this final rule deletes the subheading "Family" of ECCN 1C355a.2.a to correct the description of this category of chemicals.

Limited Grace Period for Items Affected by BIS' Final Rule

According to BIS, shipments of items that are subject to a license requirement as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on May 4, 2004, pursuant to actual orders for export to a foreign destination, may proceed to that destination without a license so long as they have been exported from the U.S. before May 18, 2004. Any such items not actually exported before midnight, on May 18, 2004, require a license in accordance with this regulation.

BIS Contact - Ivan Rios (202) 482-7900

BIS Final Rule (D/N 040206045-4045-01, FR Pub 05/04/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10128.pdf